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PEARL IZUMI

PRIVACY POLICY

 

The following is the PEARL iZUMi USA policy regarding the privacy rights of visitors to this website. We respect your right to privacy and your desire for a secure online shopping experience.

PEARL iZUMi USA, Inc. Privacy Policy (Global)

This Privacy Policy is designed to tell you about the practices regarding collection, use, and disclosure of information that you may provide via the websites owned or operated by PEARL iZUMi USA, Inc. and its affiliates (“PEARL iZUMi”) (collectively, the “Sites”)*. Please be sure to read this entire Privacy Policy and the Terms and Conditions of Use (the “Terms”) before using or submitting information to the Sites.

By using the Sites, you agree to the terms of this Privacy Policy. Whenever you submit information via the Sites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.  You also consent to the adjudication of any disputes arising in connection with the Sites in the federal and state courts of, and in accordance with the laws of, the state of Colorado.

A Note to Non-US Users

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this website, you consent to this transfer and the processing of your data (personal or otherwise) in accordance with this Privacy Policy. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the state of Colorado. The applicable laws in the United States regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

A Note to California and Canadian Users

California and Canadian users may have certain rights to know how their personal information may be shared with third parties who engage in direct marketing activities. This Privacy Policy explains our practices.

Information Collected

When you use the Sites, we collect information that you volunteer, and information that is collected automatically.

Information You Volunteer

When you contact PEARL iZUMi through the Sites, or by corresponding by phone, e-mail, or otherwise, we may collect Personal Data including:

•         contact information, such as name, address, email, and phone;

•         financial information, such as credit card and account information collected when you purchase products or services;

•         identification information, such as gender and date of birth; and

•         personal information about your goals for PEARL iZUMi products and services.

Information Collected Automatically

When you visit the Sites, our web server automatically collects and stores the following information:

•         Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, referring website address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

•         Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), pages on our Site you viewed; page response times, download errors, duration of page visits, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

Uses of Collected Information

PEARL iZUMi uses information you provide to fulfill your requests and improve the Sites and materials contained thereon. We also use the information you provide to allow you to participate in our sweepstakes, contests and promotions. PEARL iZUMi may, from time to time, produce reports for advertisers, sponsors, affiliates and vendors containing anonymous, aggregate information about our users and customers, such as demographic, age and online usage information. This information allows PEARL iZUMi to provide content and offers that are most relevant to our users to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports.

PEARL iZUMi uses personal information so that we may display or send custom, personalized content to our users and send newsletters, mail, e-mails, features, promotional material, surveys and other updates, information or offers to our users. A user may, at any time, opt out of receiving such information by clicking on the link in any such e-mail. PEARL iZUMi also uses collected information to evaluate and administer our products and services, fulfill customer requests, respond to any future problems, such as difficulties in navigating our Sites or accessing certain features, and to gauge user trends to determine what products and services are most popular with users.

Sharing of Collected Information

Personal information is available to PEARL iZUMi and the technical agents and consultants who make the Sites available to you. Anonymous information is available to PEARL iZUMi’s advertisers, sponsors and promotional and business partners. PEARL iZUMi only shares your personal information with third parties only as described below.

PEARL iZUMi and Its Agents

PEARL iZUMi may access both anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of new products. All companies working for and with PEARL iZUMi must comply with our Privacy Policy, and are not permitted to sell or otherwise disclose your information to third parties except as authorized by us and you, or as permitted or required by law. BY AGREEING TO THIS PRIVACY POLICY, YOU ARE AUTHORIZING US TO SHARE YOUR PERSONAL INFORMATION BY AND WITH OUR AFFILIATED COMPANIES.

Advertisers, Sponsors and Promotional and Business Partners.

PEARL iZUMi shares anonymous, aggregate demographic information, and anonymous information obtained from cookies and similar technologies, with our sponsors, promotional and business partners, and participating vendors. No personally identifiable information, such as credit card information, is disclosed to any of these third parties in providing these reports.

Your e-mail address is not shared with third parties unless you agree to receive information, by opting-in, from third parties.

We may give you the opportunity to opt in to receive e-mail offers from third parties not affiliated with us. If you decide to accept these offers, we will provide, with your consent, your contact information to the third party. We urge visitors to review carefully the privacy policies of these firms. We are not responsible for the privacy policies and procedures of any third party.

You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community area, that information can be collected and used by others. For example, if you use chat, forums, bulletin boards or message boards, or if you post personal information online (such as your e-mail address), you may receive unsolicited messages from others. We have no control over this use of your personal information.

Important Note

PEARL iZUMi reserves the right to use or disclose any information without notice or consent for the following purposes: (i) as needed to satisfy any law, regulation or legal request, (ii) to conduct investigations of consumer complaints or possible breaches of law, (iii) to protect the integrity of our Sites and our property, (iv) to protect the safety of our visitors or others, (v) to fulfill your requests, or (vi) to cooperate in any legal investigation.

Cookies

Please refer to our cookie policy for details.

Security of Personal Information

We implement a variety of security measures to maintain the safety of your personal information. Once we receive your transmission, we use reasonable efforts to ensure its security on our systems. When credit card information is transmitted, we use SSL (secure socket layer) encryption technology. Any account information you enter on this site is password-protected so that only you can access it. You should not divulge your password or user identification number to anyone. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we can't ensure or warrant the security of any information you transmit to Us, and you do so at your own risk.

Third Party Advertising

Advertisements appearing on our Sites may be delivered to users by us or one of our advertising partners. Our advertising partners may set cookies in these advertisements. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by PEARL iZUMi only, and does not cover the use of cookies by any advertisers.

Choice/Opt-out

Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for information. Users who no longer wish to receive our promotional communications may opt-out of receiving these communications by clicking on the Unsubscribe link at the bottom of the marketing emails or by emailing us at info@pearlizumi.com.  Users of our site will not be notified when their information is being collected by any outside parties.

Sweepstakes and Contests

PEARL iZUMi sometimes offers sweepstakes, contests or other promotions (collectively, “Promotions”).  These can be offered through the Site or by other means.  In each case, the Promotions will be governed by a separate set of rules or terms and conditions that, in addition to describing the Promotion, may have eligibility requirements, restrictions, terms and conditions governing the Promotion, use of submissions you make, and disclosures about how your Personal Information may be used. It is your responsibility to read such rules or terms and conditions to determine whether or not you are eligible and want to participate, register or enter, according to each Promotion’s rules or terms and conditions. By participating in any Promotion, you will become subject to those official rules or terms and conditions, and you agree to comply with and abide by such rules or terms and conditions, and the decisions of the sponsors of the Promotions, if applicable, which shall be final and binding in all respects.

Links

The Sites contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Sites.

Children

This site is not directed towards children, minors or anyone under the age of 18. Please do not send us any information about anyone under the age of 18, like names, addresses or email addresses. In general, we do not knowingly collect personally identifiable information from those under 18. If, in limited circumstances, we do knowingly collect personally identifiable information from someone under the age of 18, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 18 without verification of parental consent, we will delete that information from our database as quickly as possible.

Changes in Corporate Structure

In developing our business, we may engage in the sale of certain assets and the company itself, or parts of it, may be sold, merged or otherwise transferred. In such transactions and changes in ownership, user information, whether personally identifiable or otherwise, may constitute one of the transferred assets. We will notify affected users in accordance with the procedure for changing this Privacy Policy described below.

Changes to our Privacy Policy

We will update this Privacy Policy as we determine necessary. We recommend that you check the Privacy Policy when you visit our Sites to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered visitors information on material changes to this Privacy Policy.

Contact Information

Please send any questions or comments to info@pearlizumi.com 800-328-8488 within the U.S. You can also contact us by writing to legal@pearlizumi.com. Our mailing address is 101 S Taylor Avenue Louisville, CO, 80027

 * The Sites include but are not limited to and may be updated without notice: www.pearlizumi.com,www.pearlizumi.be, www.pearlizumi.be, www.pearlizumib2b.com, wwww.pearlizumicustom.com, www.pearlizumi.com.br, www.pearlizumi.fi

 

 

This policy was last updated on December 27th, 2019


PEARL IZUMI

COOKIE POLICY

This Cookie Policy provides you with information about the cookies PEARL iZUMi uses on the Sites and the reasons we use them.

What is a cookie?

Cookies are small files that our website may place on your computer or mobile device ("Device") via your web browser. Cookies contain information that is transferred to your Device's hard drive. Some of the cookies store information required for this website to function properly. Other cookies help us improve the website for you by tracking how many people visit the website, which pages they visit, and how frequently.

Some cookies are deleted at the end of each browser session. These are called "session cookies". They allow website operators to link your actions during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window.

Other cookies remain on your Device for a longer period (as specified in the cookie). These are called "persistent cookies". They are activated each time you visit the website that created that particular cookie.

How to delete and block cookies

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our site. Turning off or deleting cookies will not prevent device identification and related data collection from occurring.

Turning off the browser's cookies will prevent web beacons and cookies from measuring the relevance and effectiveness of our site/emails and advertising as well as the tailored advertising brought to you by our partners. You may also not be able to use all the interactive features of our site/emails if cookies are disabled. If you no longer wish to receive tailored advertisements from us, third party advertising networks, or if you would like more information about this practice, please visit: www.aboutads.info

Can I withdraw my consent?

Once you have consented to our use of cookies, we shall store a cookie on your Device to remember this for next time. This will expire periodically. If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.

For further information about deleting or blocking cookies, please visit:  www.aboutcookies.org .

What happens if I block or refuse to accept cookies?

Accepting cookies is a condition of using this website, so if you refuse or block cookies, we can't guarantee your ability to use this site or how it will perform during your visit.

What cookies do we use and why?

The cookies used on our site are categorized as follows:

Strictly Necessary

Strictly Necessary cookies let you move around the website and use essential features like secure areas and shopping baskets. Without these cookies, services you have asked for cannot be provided. Please note that these cookies do not gather any information about you that could be used for marketing or remembering where you've been on the internet.

We use these Strictly Necessary cookies to:

Remember selections you've made or information you've entered on forms when you navigate to different pages during a web browser session;

Identify you as being logged in to our website;

Make sure you connect to the right service on our website when we make any changes to the way the website works;

Remember selections you've made that allow us to deliver you the correct content, such as your language and region preferences.

Route users to specific applications of a service or specific servers.

Performance

Performance cookies collect information about how you use our website (e.g., which pages you visit and if you experience any errors). These cookies do not collect any information that could identify you and are only used to help us improve how our website works, understand what interests our users, and measure how effective our advertising is.

We use Performance cookies for:

Web Analytics: To provide statistics on how our website is used;

Ad Response Rates: To see how effective our advertisements are, including those pointing to our sites;

Affiliate Tracking: To provide feedback to partners that one of our visitors also visited their website. This can include details of any products purchased;

Error Management: To help us improve the website by measuring any errors that occur;

Functionality

Functionality cookies are used to provide services or to remember settings to improve your visit.

We use Functionality cookies to:

Remember settings you've applied, such as layout, text size, preferences, and colors;

Remember if we've already asked you if you want to fill in a survey;

Show you when you're logged in to the website.

Targeting

Targeting cookies are linked to services provided by third parties, such as 'Like' buttons and 'Share' buttons. Third parties provide these services in return for recognizing that you have visited our website.

We use Targeting cookies to:

Link to social networks like Facebook, who may subsequently use information about your visit to target advertising to you on other websites;

Provide advertising agencies with information on your visit so that they can present you with advertisements in which you may be interested.

Some of the cookies used on this site are managed by third parties. You may refer to the third parties' website privacy notifications for further information. We do not control these sites or their use of cookies and we bear no responsibility or liability for them.

 

Some of our webpages use services provided by Hotjar Ltd., YotPo, and Google Analytics.  These vendors provide services including Heatmaps, Visitor recordings, Funnels and Form Analysis, Feedback Polls, Surveys and Recruiters. The information generated by the tracking code and cookie about your use of the website will be transmitted to and stored by on servers in Ireland. Through the tracking code the information collected includes:

Device-specific data

The following information may be collected through your device and browser:

• your device's IP address (collected and stored in an anonymized format);

• your email address including first name and surname;

• device screen size;

• device type (unique device identifiers) and browser information;

• geographic location (country only);

• preferred language used to display the webpage.

Log data

Our servers automatically record information which is created upon using Hotjar. Data includes:

• referring domain;

• pages visited;

• geographic location (country only);

• preferred language used to display the webpage;

• date and time when website pages were accessed;

Hotjar will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Hotjar uses a variety of services hosted by third parties, such as Google Analytics and Optimizely. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request. For information on how Google Analytics and Optimizely collect and use your information, please refer to their privacy policies. By continuing to use this website, you consent to the processing of the above data by Hotjar and by the third parties used by Hotjar in accordance with their respective privacy policies. The cookies used by Hotjar have differing durations; some persist for the session only, others will persist for a longer period, with a maximum of 365 days.

To opt out please go to the following link:

https://www.hotjar.com/opt-out

 

PEARL iZUMi USA PRIVACY STATEMENT FOR CALIFORNIA rESIDENTS

 

This PRIVACY STATEMENT FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of PEARL iZUMi USA, Inc. and its affiliates and subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We have adopted this notice to comply with the California Consumer Privacy Act of 2018, as amended (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this Privacy Statement for California Residents.

For more information see CCPA

This Privacy Statement for California Residents should be read together with our Privacy Policy, which provides important information on our collection and use of personal data.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

  • Identifiers: These include a person’s real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, and other similar identifiers.
  • Personal Information:  Including a name, signature, address, telephone number.
  • Internet or other similar network activity:  Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

We do not collect:

  • Commercial information:  Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Protected Characteristics:  Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  • Biometric Information:
  • Geolocation data
  • Sensory Data
  • Employment Data
  • Educational Data

 

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our customers. For example, when a customer enrolls in a newsletter or orders products or fills out a warranty form
  • Indirectly from our customers. For example, through information we collect from our customers in the course of providing services to them.
  • Directly and indirectly from activity on our website (www.pearlizumi.com). For example, from submissions through our website portal or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform. For example, from government agencies when we prepare readiness assessments for projects that receive government funding.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to respond to requests for information or to fulfill orders for our products.
  • To provide you with information, products or services that you request from us.
  • To process warranty claims.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To improve our website and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter an agreement that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

  • Identifiers.
  • California Customer Records personal information categories.
  • Protected classification characteristics under California or federal law.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also known as a “data portability request”).
  • If we disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 1- 800-328-8488 within the U.S.
  • Visiting pearlizumi.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Statement

We reserve the right to amend this Privacy Statement at our discretion and at any time. When we make changes to this Privacy Statement, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:


Website: 
pearlizumi.com
Email: info@pearlizumi.com

 

 

 

If you have questions about this Policy, please contact: info@pearlizumi.com.

This Policy was last updated on December 2019.

 

PEARLIZUMI.COM TERMS & CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY OF THE AFFILIATED PEARL IZUMI WEBSITES (COLLECTIVELY, THE “SITES”)*.

BY ENTERING THE SITES YOU, THE USER, ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SITES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE, AND THE VARIOUS DISCLAIMERS SET FORTH HEREIN.

 

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITES.

PEARL IZUMI USA, INC. AND ITS AFFILIATES (“PEARL IZUMI”) RESERVE THE RIGHT TO MAKE REVISIONS TO THESE TERMS AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO BE BOUND BY SUCH REVISIONS AND SHOULD, THEREFORE, PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS.

YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LOCAL LAWS APPLICABLE TO YOUR USE OF THE SITES. PEARL IZUMI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MATERIALS CONTAINED ON THE SITES ARE APPROPRIATE FOR, OR ACCESSIBLE FROM, ALL LOCATIONS.

BY ENTERING THE SITES YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OR ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITES, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY COMPUTER VIRUSES OR BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.\

 

 

Copyright

PEARL iZUMi is the copyright owner (©2010, PEARL iZUMi USA, Inc. All Rights Reserved) of everything on the Sites and no portion of the Sites, including but not limited to, the text, graphics, images, audio or video, may be used, reproduced, distributed, displayed or transmitted in any manner, for any purpose, without PEARL iZUMi’s express written permission, except as specifically provided herein.

 

 

Use of the Sites

PEARL iZUMi authorizes you to view and download materials on the Sites only for your private use, provided that you retain and not change or delete any and all copyright and other proprietary notices contained in the original materials.

You may not modify the materials on the Sites in any way or reproduce or publicly display, perform, distribute, sell, lease, transmit create derivative works from, or otherwise use such materials for any public or commercial purposes. For these purposes, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials on the Sites are copyrighted and any unauthorized use of any materials on the Sites may violate copyright, trademark and other laws. If you breach any of these terms, your authorization to use the Sites automatically terminates and you must immediately destroy any downloaded or printed materials.

 

You may not upload to, or distribute or otherwise publish through, the Sites any information or other material that (i) violates or infringes the rights of any persons, including rights in copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights, (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under the laws of the Japan or international law, or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses, hacks, or other harmful code or properties. You agree to indemnify PEARL iZUMi for any damages which result from any of the foregoing actions. PEARL iZUMi may remove any information or other material which is uploaded by you at any time, in its sole and absolute discretion.

 

Subject to the Privacy Policy, anything that you submit or post to the Sites or to PEARL iZUMi, including ideas, know-how, techniques, questions, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary. By submitting or posting a Submission to the Sites or to PEARL iZUMi, You waive any and all rights you may have in such Submission (except as to matters covered by the Privacy Policy). PEARL iZUMi shall have the exclusive, royaltyfree, worldwide, perpetual, and transferable right to use, copy, reproduce, distribute, display, perform, sell, lease, transmit, or create derivative works from any such Submission by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile any such Submission. All Submissions shall automatically become the sole and exclusive property of PEARL iZUMi, without compensation to you, and shall not be returned to you.

 

Disclaimers

The materials provided on the Sites are provided “as-is”, “where-is” without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. PEARL iZUMi’s obligations with respect to its products are governed solely by the agreements under which they are provided and nothing on the Sites should be construed to alter such agreements. In addition, PEARL iZUMi does not warrant the accuracy or completeness of the materials on the Sites. PEARL iZUMi may make changes and/or updates to the materials on the Sites, or to the products and prices described at the Sites, at any time without notice. The materials on the Sites may be out of date and PEARL iZUMi makes no warranties, representations or commitment to update the materials on the Sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Information published on the Sites may refer to products that are not available in your country.

 

PEARL iZUMi does not represent or warrant that the functions and services available on the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Sites or the server that makes the Sites available are free of viruses or other harmful components. PEARL iZUMi disclaims any and all liability for the acts, omissions and conduct of any users or other third parties in connection with or related to your use of the Sites. You assume total responsibility for your use of the Sites and any linked websites. Your sole remedy against PEARL iZUMi for dissatisfaction with the Sites or any materials contained thereon is to stop using the Sites or any such materials. This limitation on relief is a part of the bargain between the parties.

 

Limitation of Liability

In no event will PEARL iZUMi or other third parties mentioned on the Sites be liable for any direct, special, incidental, indirect or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Sites, any websites linked on the Sites or the materials or information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not PEARL iZUMi has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms, PEARL iZUMi is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any materials contained thereon, PEARL iZUMi’s liability shall in no event exceed U.S. $100.00.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Links to other Websites

Links to third party websites on the Sites are provided solely as a convenience to you and therefore you access them at your own risk. If you use these links, you will leave the Sites and PEARL iZUMi will not have any control over the contents on these linked websites. PEARL iZUMi does not, and you agree that PEARL iZUMi has no obligation to, review the communications, materials, information, opinions, and other content posted on the third party websites. PEARL iZUMi has not reviewed these third party websites, does not control, and is not responsible for any of these websites or their content. Thus, PEARL iZUMi does not endorse or make any representations about them, the information, products or materials found there, or any results that may be obtained from using them. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED ON THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

Trademarks/Intellectual Property

All trademarks, trade dress, service marks and trade names of PEARL iZUMi used on the Sites are trademarks or registered trademarks of PEARL iZUMi. All other product and company names referred to on the Sites are the trademarks or registered trademarks of their respective owners. By entering the Sites, you acknowledge and agree that any name, logo or trademark contained on the Sites is owned by PEARL iZUMi and may not be used by you without prior written approval. Any other intellectual property on the Sites, including but not limited to patents, either issued or pending, are the sole property of PEARL iZUMi and/or its licensors. PEARL iZUMi will aggressively enforce its intellectual property rights to the full extent of the law. Any unauthorized use of the name, logo and trademarks may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

Terms of Sale

Goods offered for sale on the Sites are solely for end-users. Your purchase is for your own use, not for resale, export, re-export or transfer. Any order is an offer to buy. PEARL iZUMi may send an order confirmation email to acknowledge receipt of your order, but PEARL iZUMi does not accept your order until we send you notice that the goods have been shipped. PEARL iZUMi may process payment for and ship parts of an order separately. PEARL iZUMi reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud, or orders that may be intended for resale.

 

Indemnity

You agree to defend, indemnify and hold PEARL iZUMi harmless from any and all claims, liabilities, losses, expenses, damages, costs, including without limitation reasonable attorneys’ fees, related to any violation of these terms and conditions of use by you or your authorized users, or in connection or arising from or relating in any way with the use of the Sites or any products your purchase on the Sites.

 

Term; Termination

These Terms are applicable to you upon accessing the Sites. PEARL iZUMi reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In addition, these Terms, or any part of them, may be terminated by PEARL iZUMi without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Contact Information

Please send any questions or comments to info@pearlizumi.com.

 

Reservation of Rights

PEARL iZUMi reserves to itself any and all rights not expressly granted herein.