Disclaimer Of Warranties

All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Swimwear For Me, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation Of Liability

Under no circumstances shall Swimwear For Me, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Swimwear For Me has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Swimwear For Me's liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

Upon a request by Swimwear For Me, you agree to defend, indemnify, and hold harmless Swimwear For Me and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Swimwear For Me reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Swimwear For Me in asserting any available defenses.

Choice Of Law And Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability And Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Swimwear For Me with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Swimwear For Me with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Swimwear For Me, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Swimwear For Me shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Swimwear For Me.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the 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. Please also be aware that fabrics often come in different dye lots. While ever effort is made to make sure colors match within a particular line, sometimes there is a slight variation.

Image And Copy Usage

All images, written copy, and website design are the property of Swimwear For Me. Usage of these assets without proper approval or contractual consent from Swimwear For Me will be considered a copyright violation and legal restitution will be pursued.

Links

Swimwear For Me may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Swimwear For Me has no control over such sites and resources, you acknowledge and agree that Swimwear For Me is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Swimwear For Me shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

Termination

You agree that Swimwear For Me, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Swimwear For Me believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Swimwear For Me may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Swimwear For Me may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Swimwear For Me shall not be liable to you or any third party for any termination of your access to the Service.