Terms and Conditions

Terms of Use | Privacy Policy

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE. By using this Website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Privacy Statement will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

This Website is owned and operated by ASW Distribution, LLC, its subsidiaries, or its affiliates (referred to as CCS, CCS Direct, LLC, "we," "us," or "our" herein). "] or "we," "us," or "our" herein). Except as otherwise permitted by these Terms of Use, no material from this Website or any Website owned, operated, licensed or controlled by CCS may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from CCS, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of CCS. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

SHIPPING AND RETURNS; RISK OF LOSS

By using this Website, you consent to all of our Shipping and Return policies. Please see our Shipping Policy here and our Return policy here. Any shipping, order, or product problems — including but not limited to missing items, incorrect items, damaged items, assembly issues, or custom skateboard graphics not to the customer's satisfaction — must be reported within 72 hours of package delivery by the carrier or attempted delivery to the address provided by the carrier. We are not responsible for any issues on any orders reported after this 72 hour threshold. Custom skateboards where the user submits a graphic cannot be returned or refunded at any time or for any reason unless the order was damaged during delivery. Damage must be reported with photo evidence to our customer support team at customercare@ccs.com within 72 hours of delivery or attempted delivery.

Any delivery dates or times shown as part of the checkout process are estimates only and not guaranteed. Risk of loss or damage to a product passes to the customer upon delivery of the product to our designated carrier. No signatures are required for any of our deliveries, unless specifically requested by the customer and paid for by the customer for a fee. Stolen packages are the responsibility of the customer. All sales on clearance items are final; these products are non-returnable. Clearance items are designated with prices in red and the original price marked with a strike thru.

USE OF WIDGETS

Our widgets are tools that you may place on your website to permit your visitors to access our Website (each, the "Widget"). Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your website solely for your own personal, non-commercial use. You may not use the Widget for any other purpose without our prior written consent, and nothing in these Terms of Use shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:

Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale.

Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website.

Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.

We reserve the right to discontinue providing any Widget at any time. We further reserve the right to direct you to cease displaying or otherwise using any Widget, for any or no reason and without liability to you or any third party.

ACCOUNTS

You may be required to create an account and specify a password to use certain features on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing customercare@ccs.com or calling1.971.229.0871. CCS shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless CCS for losses incurred by CCS or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

CONTENT POSTED OR SUBMITTED BY YOU

Certain pages on the Website may allow you to post text, photographs, videos, audio, or other content ("Content"). Unless otherwise specified on a particular Website, you may only post Content to the Website if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to this Website. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to CCS. You may not post or distribute Content that is illegal or that violates these Terms of Use. By posting or distributing Content to the Website, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Website and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the Website, you grant CCS the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Website, CCS does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. CCS owns all right, title, and interest in any compilation, collective work, or other derivative work created by CCS using or incorporating Content posted to the Website.

You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.

CUSTOM UPLOADS. Without limiting any of the other terms of this policy, with regard to any Custom Uploads including, but not limited to, uploading art, graphics, text or any other imagery for printing and application on skateboards, pants or any other product (all herein refered to as “Custom Services”), we require any user of Custom Services to refrain from. uploading, posting, storing, sharing or otherwise using the Site to process "Prohibited Content." Generally, Prohibited Content includes (without limitation) any of the following: (a) Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; (b) Copyrighted material that is used without the express permission of the owner; (c) Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights; (d) Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Company; (e) Content that advocates illegal activity; or (f) Content that harms minors in any way. CCS has the sole discretion to determine whether content is Prohibited Content, and any content submitted to the Custom Services may be examined at any time. You acknowledge that although we do not and will not examine and review all content submitted or transmitted to the Custom Services, we have the absolute right (but not the obligation) to review, delete, move, and edit materials for any reason, at any time, without notice. In the event of a dispute pertaining to any content, we may disclose content to parties to the dispute (including their agents and governmental authorities). Notwithstanding the above, when you access the Website and/or use the Custom Services, you acknowledge and agree that all content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for printing, application, posting and/or storage. In other words, you are responsible for any content that you submit. Moreover, you understand that by viewing the Website and submitting material for the Custom Services, you may be exposed to content that you consider offensive and you take sole responsibility for such exposure. Finally, you acknowledge that we in no way guarantee the accuracy, quality or appropriateness of content available on the Website. In no event shall CCS (including its officers, directors, employees, affiliates, suppliers and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Custom Services, including (without limitation) errors or omissions in such content, and loss or damages incurred as a result of use of such content.

CONTENT POSTED BY OTHER USERS

CCS is not responsible for, and does not endorse, Content in any posting made by other users on the Website. Under no circumstances shall CCS be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact CCS by emailing customercare@ccs.com or calling 1.971.229.0871. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

USE OF WEBSITE

Impersonation of others, including a CCS employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of CCS, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this Website without the prior written consent of CCS.

ACTIVITIES PROHIBITED ON THE WEBSITE

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. CCS reserves the right to investigate and take appropriate legal action against anyone who, in CCS's sole discretion, engages in any of the prohibited activities.

Prohibited activities include, but are not limited to, the following:

• Using the Website for any purpose in violation of local, state, or federal laws or regulations;
• Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
• Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by CCS in its sole discretion or pursuant to local community standards;
• Posting Content that constitutes cyber-bullying, as determined by CCS in its sole discretion;
• Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
• Posting telephone numbers, street addresses, or last names of any person;
• Posting URLs to external websites or any form of HTML or programming code;
• Posting anything that may be "spam," as determined by CCS in its sole discretion;
• Impersonating another person when posting Content;
• Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Harassing, threatening, stalking, or abusing any person;
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of CCS, exposes CCS or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
• Encouraging other people to engage in any prohibited activities as described herein.

CCS reserves the right, but is not obligated, to do any or all of the following:

• Investigate an allegation that any Content posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
• Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
• Terminate a user's access to the Website upon any breach of these Terms of Use;
• Monitor, edit, or disclose any Content on the Website; and
• Edit or delete any Content posted on the Website, regardless of whether such Content violates these standards.

THIRD-PARTY COPYRIGHTS

If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this web Website by contacting CCS as set forth below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
• Send this information by mail to:
  CCS Direct, LLC
  c/o General Counsel
  5909 NE 80th Avenue
  Portland, OR 97218

In an effort to protect the rights of copyright owners, CCS maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.

INTELLECTUAL PROPERTY

All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of CCS or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. CCS is a registered trademark of CCS Direct LLC. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. CCS enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact CCS Direct, LLC, General Counsel, 5909 NE 80th Avenue, Portland, OR 97218.

SUBMISSIONS TO CCS

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to CCS through this Website becomes the exclusive property of CCS and CCS is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to CCS and accepts responsibility for its accuracy, appropriateness and legality.

WARRANTY DISCLAIMER

This Website and the materials, Widgets and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, CCS disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CCS does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. CCS does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not CCS) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall CCS be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of the Widgets or products, even if CCS or authorized representatives of CCS Direct, LLC have been advised of the possibility of such damages. Use of product includes, but is not limited to, riding any of our products, including skateboards. Skateboarding is an inherently dangerous activity and can result in injury or death. You understand that adverse terrain, weather conditions, poorly maintained equipment, the use of drugs or alcohol, and pushing the limits of one's abilities can increase these risks. You understand that these risks are present regardless of the safety precautions you may take. We recommend using safety equipment. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall CCS Direct LLC’s total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website and purchasing the product in question.

INDEMNIFICATION

As a condition of use of this Website, you agree to indemnify, defend, and hold harmless CCS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

PRODUCT ORDERS

All orders placed through this Website are subject to CCS's acceptance. CCS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, CCS shall issue you a refund.

TYPOGRAPHICAL ERRORS

In the event that a product sold is mistakenly listed at an incorrect price, CCS reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, CCS shall issue a credit to your payment method account.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

OTHER

These terms shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County, IL, USA and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. CCS's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.

CHANGE TO TERMS

We may make changes to these Terms adn Conditions from time to time. Any changes made will be effective immediately and you will be subject to them if you use this Website or our Services. If you do not agree with any changes made, you must stop using this Website our our Services.