Terms & Conditions

Privacy matters.

Patagonia, Inc., and its parent, subsidiaries and affiliates (collectively, “Patagonia,” “we,” or “us”) recognizes the importance of our customers’ privacy, and takes a number of steps to protect that privacy. The following discloses the information gathering and dissemination practices for information collected through the mail, Patagonia retail stores and wholesale accounts, Patagonia.com.au (collectively, the “Patagonia Services”).

Privacy Policy

Patagonia believes in protecting the privacy of its customers (“you”). The purpose of this privacy policy is to describe the kinds of information that we may gather about you; how we may use that information; how we protect it; when we may disclose it; and the choices you have regarding your information.

By using the Patagonia Services, you consent to the practices described in the current version of this privacy policy. If you have read this privacy policy previously, please review it again to be sure you are familiar with its present terms. The date of the most recent update is listed at the end of this policy.

If you have any questions or concerns about the privacy or security of your information, you may contact us using the contact information provided below.

Collection and Use of Non-Personal Information

Session Analytics Information. We may automatically collect non-personally identifiable information about your hardware devices (i.e., your computer or mobile device) when you access the Patagonia Services. For example, when you visit patagonia.com.au(the “Site”), we may collect your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer or mobile device whenever you access the Internet, as well as information about the type of Web browser software you use and the referring Web site. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our service and to administer the Site. We may also collect information about your activity on our Site, such as the time and duration of your visit, the sections of the Site or Application that you visit, the search terms you use, and the products you add to your shopping cart.

Persistent Identifiers

We also collect non-personally identifiable information through the use of cookies. A cookie is an alphanumeric file that a Web site puts on your hard drive or mobile device so that it can remember something about you while you are using the Web site or when you return to the Web site. These technologies make it easier for you to use the Patagonia Services. We use them in order to retain the contents in your shopping cart while you are checking out other areas of the Patagonia Services. When you are done, the products in your cart are still there for you to buy. We also use them to gather certain aggregate usage information about the numbers and frequency of visitors to the Patagonia Services and how they interact with the Patagonia Services. This data helps us improve the appearance and usability of the Patagonia Services.

Cookies do not collect personally identifiable information. Cookies may remain on your hard drive or device after you cease using the Patagonia Services. You may decline to accept cookies by modifying your Web browser settings. If you choose to decline cookies, however, you may not be able to sign up for or use certain features of the Patagonia Services that depend on your Web browser accepting cookies.

Collection of Personal Information

Personal Information You Provide. We may collect and store any identifiable information that you choose to provide in connection with your use of the Patagonia Services. This may include personally identifiable information (such as your name, shipping address, billing address, email address, phone number and credit card number) that we need in order to process your orders, communicate with you, or provide you with services that you request. For example, through order forms on our Site, in our catalogue, and through signups for our mailing list located in our retail stores and at our wholesale accounts, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).

Personal Information from Other Sources.

Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalog more easily.

Uses of Personal Information About You

Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below.

If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and of potential employment opportunities with Patagonia that you may find of interest, and of other events taking place in our stores near you. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below.

We use your shipping address to ship your products to you and to send catalogues and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogues or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below.

Disclosures of Personal Information About You

We do not disclose personal information about you to other companies, persons or agencies, except for the purposes described below:

Service Providers:

We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.

Affiliates and Partners:

Sometimes we send offers to selected groups of Patagonia customers on behalf of our affiliated companies, such Fletcher Chouinard Designs, and on behalf of other nonaffiliated partners such as and 1% For The Planet, Inc., among others.

For Your Protection and Ours:

We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Patagonia, our customers, our employees or others.

Business Transfers:

As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Patagonia, Inc. or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

How to Remove your Name from Our Mailing, Sharing or Email List

You may choose to receive or decline communications from us at the point where we request information about you. You also may use the following options for removing your information from our database so as not to receive future communications, or to no longer receive our service, or to not share your name and address with other companies.

1. You may send an email to web@patagonia.com.au
2. You may send mail to the following address: Customer Service Patagonia Intl Inc, 93 Beach Road, Torquay VIC 3228
3. You may call the following telephone number: +61 3 5261 4411
4. In commercial emails that we send you, you may use the “opt out” or “unsubscribe” option included in the email itself.

How to Correct Your Information on Our Mailing, Sharing or Email List

You have the following options for changing and modifying information previously provided.

1. You may send an email to Patagonia Services via our contact form
2. Send mail to the following postal address: Customer Service Patagonia Intl Inc, 93 Beach Road, Torquay VIC 3228
3. Call the following telephone number: +61 3 5261 4411

Protection of Personal Information

We want you to feel confident about using and making purchases through the Patagonia Services, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.

Children’s Privacy

We do not sell merchandise for purchase by children via the Patagonia Services. If you are under 18, you may use the Patagonia Services only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

External Links

If any part of the Patagonia Services links you to other Web sites or mobile applications, those Web sites and mobile applications do not operate under this privacy policy. We recommend that you examine the privacy statements posted on those other Web sites and mobile applications to understand their procedures for collecting, using, and disclosing personal information.

Changes to this Privacy Policy

We may update this privacy policy in the future. We will notify you about material changes to this privacy policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Site.

How to contact Us

If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways

1. You may send an email to Patagonia Services via our contact form
2. You may send mail to the following postal address: Customer Service Patagonia Intl Inc, 93 Beach Road, Torquay VIC 3228
3. You may call the following telephone number: +61 3 5261 4411

Effective date: November 1, 2011.

Terms of Use Agreement

Welcome to patagonia.com.au

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the patagonia.com.au site following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

Privacy

Please review our privacy policy, which also governs your use of the patagonia.com.au site, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

Orders

Patagonia does sell products for children, but it does not sell products to children. Patagonia only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Patagonia reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Patagonia believes that user conduct violates applicable law or is harmful to the interests of Patagonia or its affiliates.

Trademarks

Patagonia® is a registered trademark of Patagonia, Inc. in the United States and other countries. The following marks indicated on the patagonia.com.au site are trademarks or registered trademarks of Patagonia in the United States and other countries, with all rights reserved:

A/C®, Beneficial T’s®, Biomap®, C®, Capilene®, Capilene Core Performance®, Committed to the Core®, Core Temp®, Critical Mass®, Deluge®, Enlightened Layering®, Flowfit®, Footprint Chronicles®, Gladiodor®, Great Pacific®, Great Pacific Iron Works®, Great Pacific Patagonia®, H2No®, Houdini®, Human Curve®, KMRP®,Leading the Examined Life®, Live Simply™, Locean®, Lotus Designs®, Marlwalker®, M.L.C.®, Micro D™, Micro D-Luxe®, Marlwalker®, Nano Down™, Nano Dynasty™, Nano Puff®, Nano Storm™, P.E.F.®, Pataguides™, patagonia.com®, Patagonia®, Patagonia Provisions™, Patagonia Surfboards®, Pataloha®, PCR®, Phunhog™, Puckerware®, R1®, R2®, R3®, R4®, Regulator®, Runshade®, Ryno Weave®, ®, Skanorak®, Snap-T®, Sol Patrol™, Stand Up Shorts®, Stand Up Pants®, Stormfront®, StretchCoat®, Switchback™, Synchilla®, The Cleanest Line®, The Footprint Chronicles®, The Forge™, Thermogreen®, Uncommon Clothes for Uncommon People®, Voice Your Choice™, Water Girl®, and World Trout®.
1% For The Planet®, registered trademark of 1% For The Planet, Inc.; 3M®, registered trademark of 3M Corp; Ace®, registered trademark of Becton Dickinson and Company; Adventure 16®, registered trademark of Adventure 16, Inc.; Amazon®, registered trademark of Amazon Technologies, Inc.; American Association of Snowboard Instructors®, registered trademark of Professional Ski Instructors of America Education Foundation Corp.; Antron®, registered trademark of DuPont, Inc.; Armortan®, registered trademark of Pittards Corporation; Bluesign®, registered trademark of Bluesign Technologies AG; Biowool®, registered trademark of L. Tompayrac; Clarino®, registered trademark of Kuraray Company, Ltd.; Climashield®, registered trademark of Western Nonwovens, Inc.; Coolmax®, registered trademark of INVISTA; Cordura®, registered trademark of INVISTA; Dri-Lex®, registered trademark of Faytex Corp.; DuraFlex®, registered trademark of DuraFlex Hong Kong Ltd.; ECOCIRCLE™, trademark of TEIJIN Fibers Ltd.; Ecospun®, registered trademark of Wellman, Inc.; Ecostep®, registered trademark of Vibram USA, Inc. Corporation; Ecotrust®, registered trademark of Ecotrust, Inc.; Ensolite®, registered trademark of Ensolite, Inc.; ESP®, trademark of Hoechst Celanese, Corp.; Facebook®, registered trademark of Facebook, Inc.; Fastex®, a registered trademark of Illinois Tool Works, Inc.; FasTrak™, trademark of YKK, U.S.A., Inc.; Flexfit®, registered trademark of Yupoong Inc.; Fortrel®, registered trademark of Wellman, Inc.; Frisbee®, registered trademark of Wham-O, Inc.; FSC©, trademark of Forest Stewardship Council, A.C. Association; Genuine Swiss Army Knife®, registered trademark of Wenger S.A. Corporation Switzerland; Google®, registered trademark of Google, Inc.; Gore Seam®, registered trademark of W.L. Gore & Associates, Inc.; Gore™ technologies, registered service mark of W.L. Gore & Associates, Inc.; Gore Windstopper®, registered trademark of W.L. Gore & Associates, Inc.; GORE-TEX®, registered trademark of W.L. Gore & Associates, Inc.; Gore-Tex XCR®, registered trademark W.L. Gore & Associates, Inc.; Hardface®, registered trademark of ADS Properties Corp.; Heavenly®, registered trademark of Heavenly Valley Limited Partnership; Hexentric®, registered trademark of Black Diamond Equipment, Ltd.; Hollofil®, registered trademark of E.I. duPont de Nemours and Co.; Hydrofil®, registered trademark of Allied-Signal, Inc.; Hypalon®, registered trademark of E.I. duPont de Nemours and Co.; iPhone®, trademark of Apple, Inc.; L.L. Bean®, registered trademark of L.L. Bean, Inc.; Lezanova®, registered trademark of Daikin Industries, Ltd.; Lintoe®, registered trademark of Fabritex S.r.l., LLC; Loctite®, registered trademark of Henkel Corp.; Mack®, registered trademark of Mack Trucks, Inc.; Microloft®, trademark of DuPont, Inc.; Lenzing Modal®, registered trademark of Lenzing Aktiengesellschaft Corporation; Motorola®, registered trademark of Motorola, Inc.; Nikwax®, registered trademark of Nikwax Ltd.; PacLite®, registered trademark of W.L. Gore & Associates; Polarguard®, registered trademark of Hoechst Celanese Corp.; Polartec®, registered trademark of Polartec, LLC; POLI-CORK®, registered trademark of Logic Australia Pty., Ltd. Corporation; Power Dry®, registered trademark of Polartec, LLC; Power Shield®, registered trademark of Polartec, LLC; Power Stretch®, registered trademark of Polartec, LLC; Professional Ski Instructors of America®, registered trademark of Professional Ski Instructors of America Education Foundation Corp.; Quallofil®, registered trademark of INVISTA North America S.A.R.L.; ririAQUAzip®, registered trademark of riri, inc.; Scotchlite®, registered trademark of 3M Co., Inc.; SealCoat™, trademark of Black Diamond Equipment, Ltd.; Supplex®, registered trademark of INVISTA; Technora®, registered trademark of Teijin Limited; Tencel®, registered trademark of Lenzing Aktiengesellschaft Corporation; Thermal Pro®, registered trademark of Polartec, LLC; Thermolite®, registered trademark of INVISTA; Thermolite® Micro, registered trademark of INVISTA; Thinsulate™, trademark of 3M Corp.; TIZIP®, registered trademark of Titex Vertriebs-GmbH; Twitter®, registered trademark of Twitter, Inc.; YouTube®, registered trademark of Google Inc.; Velcro®, registered trademark of Velcro Industries B.V.; Vibram®, registered trademark of Vibram S.P.A. Corporation; Wind Pro®, registered trademark of Polartec, LLC; Windbloc®, registered trademark of Polartec, LLC; WINDSTOPPER®, registered trademark of W.L. Gore & Associates; Wolverine World Wide, Inc. is a licensee of Lost Arrow Corporation; and YKK®, registered trademark of YKK Corp.

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Patagonia or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Patagonia or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the patagonia.com.au site confers on you any license or right under any patent or trademark of Patagonia or any third party.

Patents

Patagonia’s patents include the following: change-safe pocket design (M’s Tropical Flats Pants & Shorts and Gi II Pants & Shorts) protected under U.S. patent #5,638,549; securing apparatus for clothing (glove) protected under U.S. patent #5,263,202; modular backpack and utility vest, protected under U.S. patent #5,639,005; method for manufacturing soft cloth durable luggage, protected under U.S. patent #6,003,646; and wetsuit patent, protected under U.S. patent #7,395,553.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the patagonia.com.au site, and the selection, coordination, and arrangement of such content, are owned by Patagonia or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the patagonia.com.au site for any purposes. Nothing stated or implied on the patagonia.com.au site confers on you any license or right under any copyright of Patagonia or any third party.

The patagonia.com.au site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the patagonia.com.au site, or use the contents of the patagonia.com.au site in litigation, or for any commercial or promotional purposes, without the express written consent of Patagonia or its lawful successors and assigns. For usage permission.

Notice of Copyright Infringement

Patagonia respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the patagonia.com.au site , we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

If you believe that your work has been copied and is accessible on the patagonia.com.au site in a way that constitutes copyright infringement, please provide Patagonia’s Copyright Agent with the following information:

• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material on the patagonia.com.au site that is requested to be removed;
• Your name, address, and daytime telephone number, and an email address if available, so that Patagonia may contact you if necessary;
• A statement that you have a good faith belief that the use of the copyrighted work is not authorised by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
• An electronic or physical signature of the copyright owner or someone authorised on the owner’s behalf to assert infringement of copyright and to submit the statement.
• Patagonia’s Copyright Agent for notice of claims of copyright infringement on the patagonia.com.au site is Patagonia’s General Counsel, who can be reached as follows:
  Patagonia, Inc.
  Attn.: General Counsel
  259 W. Santa Clara Street
  Ventura, CA 93001
  email: webdomain@patagonia.com

License and Access to patagonia.com.au site

Patagonia grants you a limited license to access and make personal use of the patagonia.com.au site and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Patagonia. This license does not include any resale or commercial use of the patagonia.com.au site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the patagonia.com.au site or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the patagonia.com.au site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Patagonia. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Patagonia and our affiliates without express written consent. You may not use meta tags or any other hidden text using Patagonia’s name or trademarks without the express written consent of Patagonia. Any unauthorised use terminates the permission or license granted by Patagonia.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Patagonia so long as the link does not portray Patagonia or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Patagonia logo or other proprietary graphic or trademark as part of the link without express written permission.

Third Party and Co-Branded Web Sites

The patagonia.com.au site may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Patagonia (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Patagonia to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the patagonia.com.au site. Patagonia is not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party web site or co-branded web site, any merchant or operator of a third-party web site or co-branded web site, or any other person with whom you engage in any transaction.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the patagonia.com.au site, and such further limitations as may be set forth in any written or on-screen notice from Patagonia. As a condition of your use of the patagonia.com.au site, you warrant that you will not use the patagonia.com.au site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the patagonia.com.au site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Patagonia or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using the patagonia.com.au site, you agree not to violate or attempt to violate the security of the patagonia.com.au site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorised to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the patagonia.com.au site ; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss

All products purchased from the patagonia.com.au site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Patagonia. Title to products purchased on the patagonia.com.au site , as well as the risk of loss for such products, passes to you when Patagonia delivers these items to the carrier.

Product Information

Patagonia attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the patagonia.com.au site are accurate, complete, reliable, current, or error-free. Most Patagonia products displayed on the patagonia.com.au site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the patagonia.com.au site may not be available in retail stores. Unless otherwise stated, the prices displayed at the patagonia.com.au site are quoted in U.S. Dollars.

Colors

We have made every effort to display as accurately as possible the colours of our products that appear on the patagonia.com.au site . As the actual colours you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any colour will be accurate.

The Patagonia Guarantee

Patagonia guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to Patagonia for repair, replacement, or refund in accordance with Patagonia’s warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.

Disclaimer of Warranties and Limitations on Liability

The patagonia.com.au site are provided by patagonia on an “as is” and “as available” basis. To the maximum extent permitted by law, patagonia makes no representations and warranties of any kind, express or implied, as to the operation of the patagonia.com.au site or the information, content, third-party content, materials, products, services or linked services provided on or through the patagonia.com.au site , including without limitation, that the information provided through the patagonia.com.au site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the patagonia.com.au site will be available at any particular time or location; that defects or errors in the patagonia.com.au site will be corrected; or that the content on the patagonia.com.au site is free of viruses or other harmful components. any information on the patagonia.com.au site is subject to change without notice, and we disclaim all responsibility for these changes. you expressly agree that your use of the patagonia.com.au site is at your sole risk.

To the maximum extent permitted by law, patagonia disclaims all warranties, express of implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

In no event will patagonia, or any party involved in creating, producing, or delivering the patagonia.com.au site , be liable for any damages of any kind arising from the use of the patagonia.com.au site , including, but not limited to direct, indirect, incidential, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the patagonia.com.au site or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to patagonia through the patagonia.com.au site ; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above diclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Patagonia or to products you purchase through Patagonia shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Patagonia’s intellectual property rights, Patagonia may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless Patagonia and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Patagonia arising out of or relating to your use of the patagonia.com.au site , your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions

We may discontinue the patagonia.com.au site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the patagonia.com.au site at any time for any reason, without notice. We may discontinue or restrict your use of the patagonia.com.au site at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Patagonia as a result of this Agreement or your use of the patagonia.com.au site . Nothing contained in this Agreement is in derogation of Patagonia’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the patagonia.com.au site or information provided to or gathered by Patagonia with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Patagonia to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the patagonia.com.au site and their content, and supersedes any prior or contemporaneous communications between Patagonia and you regarding the patagonia.com.au site and their contents.

Effective date: November 1, 2011. All rights not expressly granted herein are hereby reserved.

Unsolicited Ideas Policy

We are always happy to hear from you. We value your comments regarding our products and services. Our company policy, however, does not allow us to accept ideas for products other than those that we have requested.

This policy is meant to avoid any misunderstanding that may arise when projects developed internally at Patagonia may seem similar to someone else’s idea. Please do not send us any product ideas or artwork that we haven’t asked for.

If for some reason you send us unsolicited ideas or artwork, they will not be subject to confidentiality on our part and we shall not be liable for any use or disclosure concerning the ideas or artwork.

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