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Terms of Use

Terms of Use

SeaGirl Swim Terms of Use
 
Welcome to SeaGirl Swim. SeaGirl Swim provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since SeaGirl Swim may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. 
 
Your Obligations and Responsibilities 
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to SeaGirl Swim, our affiliates, partners or licensors.
 
Your Account 
You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in SeaGirl Swims best interests to do so.
 
Site Contents
Occasionally there may be information on SeaGirlSwim.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. 
 
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade and/or other intellectual property owned, controlled, or licensed by SeaGirl Swim. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by SeaGirl Swim. 
 
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software. 
 
Tax on Orders Placed Online
If the destination state collects sales tax, we will collect that tax on your order. The legal definition of "nexus" - the "presence" of a company in a certain state - means that the presence of a SeaGirl Swim dealer in a state is enough for a state to collect sales tax; SeaGirl Swim remits this money to the proper state. 
 
User Comments, Materials, Feedback and Postcards
It is SeaGirl Swims' company policy not to accept or consider unsolicited creative ideas, suggestions, materials, or business proposals from persons or entities outside our company. If at our request you send certain specific submissions (for example, a photograph, or story), or if despite our request that you not send us unsolicited creative materials, you send us other suggestions, comments, feedback, ideas, postcards, opinions, concepts, graphics, text, drawings, or other materials (all of the foregoing, collectively, the "Materials"), all such Materials, submitted or offered to SeaGirl Swim on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site shall be and remain SeaGirl Swims' property. Such disclosure, submission, or offer of any Materials shall constitute an assignment to SeaGirl Swim of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Materials. Thus, SeaGirl Swim will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Materials. SeaGirl Swim is and shall be under no obligation (1) to maintain any Materials in confidence; (2) to pay to the user any compensation for any Materials; or (3) to respond to any user Materials. 
 
You agree that no Materials submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Materials you submit. 
 
Product Information
Products displayed on Seagirlswim.com are available in select stores in the United States. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S. and are subject to change at any time. All products purchased from this Site should be used in accordance with the manufacturer’s instructions, precautions and guidelines. If any minor uses any goods and product from SeaGirl Swim, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.
 
Colors
We have made every effort to display as accurately as possible the colors of our products that appear on our Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. 
 
Links to Other Web Sites & Services 
This Site may contain links to other websites that are not under the control of SeaGirl Swim. SeaGirl Swim has no responsibility for the linked websites, nor does it necessarily endorse the linked websites. SeaGirl Swim provides the links solely for the convenience and information of our Site users. 
 
Disclaimer 
SEAGIRL SWIM PROVIDES THE MATERIALS ON THIS SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SEAGIRL SWIM  EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH SEAGIRL SWIM MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER ACKNOWLEDGE THAT SEAGIRL SWIM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. 
 
Indemnication
You agree to defend, indemnify, and hold SeaGirl Swim harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site, your breach of these Terms of Use, and/or any of the foregoing agreements, representations, and warranties. 
 
Miscellaneous
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting products and services provided by SeaGirl Swim.
 
This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of SeaGirl Swims right to later require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in writing signed by both parties. 
 
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. 
 
General 
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
 
Comments, Feedback and Other Submissions
SeaGirl Swim welcomes your comments and feedback regarding this Web site, and SeaGirl Swim products and services. Any information, materials, suggestions, ideas or comments sent to SeaGirl Swim will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting SeaGirl Swim an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, SeaGirl Swim will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
 
 
How to Contact Us About Your Privacy
If you have any questions about our privacy statement, the practices of this site, or your dealings with our Web site, you can contact us at info@seagirlswim.com