Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using this website, mobile application or other ROXY product or service (collectively the "Website") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of ROXY. ROXY may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

  • Trademarks

    This Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of ROXY and may also contain Intellectual Property of ROXY's affiliates. Such Intellectual Property remains the property of their respective owners. You recognize and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorization is strictly prohibited. Nothing in these Terms of Use shall be interpreted as granting any license of Intellectual Property rights to you.

  • Prohibited Use

    Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Website, you agree that any and all information transmitted to, by or with the use of this Website cannot and shall not be deemed confidential or proprietary. You agree not to use any data mining, robots, scraping or similar data gathering methods. ROXY reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. ROXY, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action ROXY determines appropriate under the circumstances.

  • Privacy

    Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website. By using the Website, you agree to receive certain electronic communications from ROXY. You agree that any notice, agreement, disclosure or other communication that ROXY sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  • Product Orders

    All orders placed through the Website are subject to ROXY's acceptance. This means that ROXY 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 credit card has already been charged for an order that is later cancelled, ROXY will issue you a refund. This Website may contain typographical errors or technical inaccuracies.

  • ROXY Girl Club

    The ROXY Girl Club Loyalty Program (“Program”) applies only to products sold on www.roxy.ca and in participating ROXY retail and outlet stores in the United States and are listed on www.roxy.ca/pages/store-locator in the Program ("Qualifying Products"); or the performance of an activity designated by ROXY (“Qualifying Activity”).

    In order to receive the benefits of the Program, You must be an existing ROXY account holder at www.roxy.ca or You must visit www.roxy.ca and create and activate a ROXY account (“Membership”) prior to Your purchase of Qualifying Products or completing a Qualifying Activity. To receive the benefits of the Program when You are shopping at a Participating ROXY Retail or Outlet Store (“ROXY Store”), prior to the completion of Your sales transaction of Qualifying Products You must inform the sales associate of Your Membership by providing Your email address associated with your Membership or ask the sales associate for assistance in creating Your Membership.

    Membership is open to all individuals that reside in the United States, excluding all Territories, and are at least thirteen (13) years of age or older. ROXY will not collect personally identifiable information from any person that is known to us to be under the age of thirteen (13). The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of ROXY, pro-form customers and persons using unpublished corporate discounts are not eligible to participate in the Program.

    The use and benefits of the Program is subject to, and shall be governed by, these Terms of Use. ROXY may, at its sole and absolute discretion, change Program rules, regulations, benefits, conditions of participation, or Reward levels, in whole or in part, at any time without notice, even though changes may affect the value of the points already accumulated. It is your responsibility to be aware of any such changes. Continued use of your ROXY account shall be deemed acceptance of these Terms and Conditions and any modifications thereto.

    You will receive Program Points (“Points”) based on the purchase of a Qualifying Product or the performance of a Qualifying Activity. The amount of Points You can earn on the purchase of a Qualifying Product or performance of a Qualifying Activity will be determined by ROXY. The Points You can earn upon the purchase of a Qualifying Product(s) will be determined by the price of the product(s) after any discounts are applied to Your purchase on www.roxy.ca or sales transaction in a ROXY Store and exclude taxes, shipping and handling charges. Points You can earn from the performance of a Qualifying Activity will be displayed in the promotional announcement and/or materials accompanying the Qualifying Activity. ROXY has the right to make the final decision on whether a purchase or performance qualifies for Points.

    Program members earn one (1) Point for every $1.00 USD spent on Qualified Product(s) purchased on www.roxy.ca or in a ROXY Store.

    When purchasing Qualifying Product(s) on www.roxy.ca You must be logged into Your ROXY account on the www.roxy.ca website in order to earn Points from purchasing Qualifying Product(s) and/or from the performance of a Qualifying Activity. To earn Points on purchases of Qualifying Product(s) made in a ROXY Store, prior to completion of the sales transaction when a receipt is issued, You must inform the sales associate of Your Membership by providing your email address associated with your Membership or request assistance in creating a Membership.

    ROXY will post earned Points to Your account within thirty (30) days from the purchase of a Qualifying Product or the performance of a Qualifying Activity. Points may only be redeemed after being posted to Your account.

    Points will be deducted on purchases of a Qualifying Product if is returned, refunded, a credit adjustment is issued, is labeled as an unauthorized or fraudulent charge, or is made by or for a business.

    No Points will be issued on purchases of a Qualifying Product if is returned, refunded, a credit adjustment is issued, is labeled as an unauthorized or fraudulent charge, or is made by or for a business or for a business purpose.

    No Points will be issued on past purchases made prior to the Program launch or prior to your Membership in the Program.

    No Points will be earned on Qualifying Product(s) purchased with Points.

    No Points will be earned on Qualifying Product(s) purchased by ROXY employees, Pro-form customers and customers using unpublished discount promotions.

    No Points will be earned on the purchase of a ROXY Gift Card(s).

    No Points will be earned on Qualifying Product(s) purchased with a ROXY Gift Card(s) as Your only form of payment.

    Points earned from purchase of Qualifying Product(s) that You return for a refund will be deducted from your overall Points balance in your account.

    Points have no cash value and cannot be converted to or redeemed for cash, either directly or indirectly. Tax, shipping & handling and any other charges other than the purchase price of the Qualifying Product are not eligible for Points. Shipping and handling charges apply to all products, including items purchased with Your Points.

    Points are not transferable and may not be combined with Points from other Program Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to Members’ successors and assigns. Accrued Points do not constitute property of the Member. Accrued Points are not transferable by the Member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise.

    Points may be redeemed 1) for a one-time use discount code (“Reward”) on future purchases of ROXY products on www.roxy.ca or in a ROXY Store; or 2) may be used to purchase certain ROXY products or experiences offered from time to time by ROXY in exchange for Points. To redeem Points for a Reward, Your Membership must be active. When redeeming Points, Points will be deducted from Your account immediately upon successful order submission when purchasing on www.roxy.ca or when You redeem Points for a Reward to be used in a ROXY Store.

    For purchases made on www.roxy.ca, Points are available for a Reward during the order checkout process. You must be logged-in to your ROXY Customer account to apply your available Points to your current order. To use a Reward in a ROXY Store, You must first redeem your available Points for a Reward by visiting www.roxy.ca. A Reward issued for use in a ROXY Store is not eligible to used online at www.roxy.ca.

    Points expire twelve (12) months from the date of Your last purchase of Qualifying Product or performance of a Qualifying Activity or Points redemption. With each purchase of Qualifying Product or performance of a Qualifying Activity or redemption of Points, the expiration of all unused Points will be extended for another twelve (12) months.

    Returns of a product(s) purchased with Points will be managed as set for below.

    • Returns must be returned to their original point of purchase
    • A Return made in their entirety will be refunded to the original method of payment and the Points redeemed to issue the Reward will be credited back to the Membership account within thirty (30) days
    • A partial Return of a multi-item purchase will be refunded to the original method of payment, but the Reward will remain used and no Points will be credited back to the Membership account

     

    You can view Your account activity online at www.roxy.ca. For information about an individual account or any other Program-related questions or information contact ROXY Customer Service by visiting: www.roxy.ca/pages/contact.

    To the extent provided by law, ROXY reserves the right to make Rewards and promotional offers available to select ROXY account holders based on purchase activity, geographic location, Program participation, or information supplied by You.

    You may cancel Your Membership at any time by notifying ROXY Customer Service by mail, email or telephone.

    We reserve the right to close your account at any time if there is no account activity for a period of two (2) years, which will result in the forfeiture of any and all accumulated Points. For the purposes of these Terms and Conditions, “account activity” shall mean any purchases, or redemption of Points. ROXY shall reasonably determine if an account is inactive at its sole and absolute discretion.

    The information provided by You will be handled according to the ROXY Privacy Policy. If You are interested in learning more about ROXY privacy practices, please visit www.roxy.ca and click on the Privacy Policy link in the bottom navigation menu.

    We may terminate the Program and/or your Membership at any time at Our discretion. If We do so without cause, We will provide you with at least ninety (90) days to redeem any Points you have earned prior to any termination of your Membership or the Program.

    Abuse of the Program by failing to follow these Terms and Conditions, conducting any fraudulent or illegal activities, purchasing products with the intent to resell, “hacking”, or conducting any other improper conduct as determined by ROXY in its sole judgment, may result in immediate cancellation of your Membership and future disqualification from Program or participation in other ROXY promotional programs, forfeiture of all Points accrued, cancellation of previously issued but unused Points, and termination of the business relationship with ROXY. In connection with the enforcement of any of the Terms and Conditions governing the Program, ROXY reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs.

    Our failure to insist upon or enforce Your strict compliance with these Terms and Conditions will not constitute a waiver of any of Our rights.

    Taxes may apply where required by law. You shall be responsible for any taxes that you may incur for receiving and/or redeeming Points.

    All determinations by ROXY shall be final and conclusive in each case.

  • Third Parties

    For your convenience and to improve the usage of our website we insert links to third party websites. This may include links from partners that may use ROXY’s logo as part of a co-branding agreement or sell ROXY products. These third party websites may have their own separate policies and ROXY is not responsible or liable for the content and activities of these third parties. Any use of third party websites is entirely at your own risk. We encourage you to read the privacy policies of each website that you visit, as third party websites may use cookies, collect data or solicit personal information. ROXY, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on all such third party websites and any damages, of any kind, incurred by individuals who visit such websites.

  • Mobile

    The Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using ROXY's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

  • Warranties, Disclaimer

    ROXY is not responsible or liable for any content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, its content, and the materials and products on this Website are provided "AS IS" and without warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROXY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROXY cannot guarantee and does not promise any specific results from use of the Website. ROXY does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, ROXY does not make any warranties or representations regarding the use of the materials or content on the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Website is at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. ROXY reserves the right to change any and all content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

  • Indemnification

    You hereby agrees to indemnify, defend, and hold harmless, ROXY, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of this Website in violation of these Terms of Use. ROXY has the right to control any defense pertaining to this section.

  • Force Majeure

    Notwithstanding any other provision set forth in these Terms of Use, ROXY shall not be liable for any failure or delay in its performance due to any cause beyond ROXY's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that ROXY shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

  • Relationship

    Nothing in these Terms of Use is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between ROXY and you.

  • Governing Law and Jurisdiction

    You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and ROXY shall be governed by, construed, and enforced in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of ROXY products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in California, USA. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California, USA. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of ROXY products) must be commenced within one (1) year after the claim or cause of action arises.

  • Waiver, Severability and Entire Agreement

    ROXY's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between ROXY and you, nor trade practice, shall modify any of these Terms of Use. ROXY may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any provision in these Terms of Use is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions shall continue to be valid and enforceable. These Terms of Use constitute the full and entire understanding and agreement between ROXY and you pertaining to use of the Website. These Terms of Use remain in effect even after your account is terminated.