Terms & Conditions

General Terms of Use

Maxine of Hollywood Swim ("we", “us”, “our”) operates the web site located at www.MaxineSwim.com (the “Web Site”). We recognize that you care how information about you is used and shared. We have created these terms and conditions, as well as an associated privacy policy, in order to describe our collection, use and disclosure of personal data you may make available to us when you access or use our software or websites, or any of our other products or services (collectively, our “Services”).  These terms and conditions constitute a binding agreement between you and Manhattan Beachwear, LLC or the company operating our Services for the country in which you live or in which that business may be headquartered.  You agree to accept these Terms and Conditions each time you use or access any of our websites or our Services.

The Privacy Policy associated with these Terms and Conditions covers only data that we collect through our Services, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which our Services link, and any information that we collect offline or through any websites, products, or services that do not display a direct link to these Terms and Conditions.

Our Services include any Web Sites under our control, whether partial or otherwise, as well as any and all applications and services offered by us, including any mobile or other application or interface that allows you to access or use our Services. our Services may also include on-line communities and communication tools which may permit comments or communication among users of our Services (the “Users”). Our Services may also include features designed to allow Users to create individual accounts or profiles (an “Account”), which may, at the User’s sole and complete discretion, include personal information, which may, in whole or in part, become accessible by other Users or by the public at large.

We may revise these Terms and Conditions at any time by posting an updated version to our Web Site, and the most current version will always be at this Web Site. If the revision, in our sole discretion, is material, we will notify you through the Products, through Email, or by prominent display on our website. You should visit this page periodically to review the most current Terms and Conditions because by continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms and Conditions.

Users who violate these Terms and Conditions may have their access and use of our Services suspended or terminated, at our sole discretion.

By accessing and using our Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and Conditions and to abide by the Terms and Conditions.  If you are accepting these Terms and Condition and using our Services on behalf of an institution, company, organization, government, or other legal entity (individually or collectively, an “Organization”), then (a) “you” includes you and that Institution, and (b) you represent and warrant that you are an authorized representative of the Institution with the authority to bind the institution to these Terms and Conditions, and that you agree to these Terms and Conditions on the Organization’s behalf.  You may use our Services only in compliance with these Terms and Conditions, any other agreement entered into by your Organization relating to our Services, and all applicable local, state, national, and international laws, rules, and regulations.

 

Privacy Reminder

 

Protect your personal information by never providing social security, credit card or bank account numbers to anyone.  We will never ask you for any of this type of personal information unless you have already made a decision to make a purchase in connection with our Service, and are prepared to give us this information.  If someone says they are from Manhattan Beachwear, LLC and asks for this information without you having made a decision to purchase something from our Services, this is very likely to be a scam.

 

You may decide to register an account in connection with our Services.  When you register an account, you may be asked to choose a username or a password for your account.  You are responsible for maintaining the confidentiality of the username and password you choose during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account each time you finish using our Services.

 

Products, Prices, and Specifications

All features, content, specifications, products and prices of products and services described or depicted through our services are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and provided for convenience purposes only. While we make all reasonable efforts to accurately display the attributes of our products, including the applicable colors, the actual color you may see can depend on the parameters of the device through which you access our Services, and we cannot guarantee that your device will accurately display such colors. The display of any products or services through our Services at a particular time does not imply or warrant that these products or services will be available at any given time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Services. By placing an order through our Services, you represent that the products ordered will be used only in a lawful manner.

Shipping Limitations

When you place an order through our Services, your order will be shipped to the address designated by the you as long as that shipping address is compliant with the shipping restrictions of our Services. All purchases through our Services are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased through our Services pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Accuracy of Information

We attempt to ensure that information we provide to you through our Services is complete, accurate and current. Despite our efforts, however, the information we provide to you through our Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice.  

We will attempt to correct any pricing errors on products or services offered through our Services as and when discovered.  However, our Services may contain a large number of products and services, and it is always possible that, despite our best efforts, some of the products or services offered through our Services may be incorrectly priced.  We will normally attempt to verify prices as part of our shipping procedures so that, where the correct price is less than our stated price; we will charge the lower amount when shipping the products to you.  If the correct price is higher than the price stated on the Web Site, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you of such rejection. 

We shall not provide products or services to you at an incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

Placing an Order; Acceptance

Please follow the instructions associated with our Services to place any orders.  Your placement of an order constitutes an offer to us to buy our products and services.  After receiving an order, we generally will send you an e-mail acknowledging that we have received your order (an “Order Confirmation”).  While it is our practice to confirm orders by email, the receipt of an Order Confirmation does not constitute our acceptance of an order, or our confirmation of an offer to sell a product or service.  All orders are subject to subsequent acceptance by us, and we will generally confirm such acceptance to you by sending you a communication, typically via e-mail, confirming the shipment of your order (the “Shipping Confirmation”). 

A contract with us will be formed only when you receive the Shipping Confirmation.  The contract will relate only to those products and services whose shipment we have confirmed in the Shipping Confirmation.  We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation.  We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory.  We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.  We may also require verification of information prior to the acceptance and/or shipment of any order.

 

Sweepstakes and Contests

From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games through our Services. Each of these activities shall be governed by the specific rules provided in connection with that portion of our services.

Gift Certificates

Gift certificates can only be redeemed via purchases made through our Services, and are not redeemable for cash. Any unused balance will be placed in the Account associated with your user credentials. If your order exceeds the amount of your gift certificate, you must pay for the remaining balance. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. In relation to gift certificates, the laws of certain jurisdiction may not allow certain of the above limitations or limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Limited Warranty

We want you to be satisfied with your purchase of our products, and will do our best to assist you in the unlikely event of a manufacturer’s defect.  Our limited warranty is valid to the original product owner for one year from the date of purchase and covers defects in materials and workmanship that may occur under normal wear. We will not assist with, do not warrant, and are not responsible for damages caused by misuse, abuse, accidents, alterations, and the natural breakdown of materials over time or conditions that may be reasonably expected with normal wear or failure to follow care instructions. All determinations as to whether a defect was a manufacturer’s defect or not shall be subject to our sole discretion.

Additionally, this limited warranty only applies to original products purchased through authorized channels of trade. We cannot assure the quality or genuineness of products purchased through any other channels of trade.

Returns

All returns require a valid Return Merchandise Authorization # (RMA).

Please contact us at c to receive an RMA number, return label, and return instructions. Please be sure to include the following information with your email:

• Order #
• Name
• SKU# of item/items to be returned along with the reason for return

Upon receipt of your returned products, we will inspect the product and respond with warranty or non-warranty status. If we determine the problem is a result of general manufacturing defect, we will generally offer a replacement or online store credit to you, at our sole discretion. If an identical replacement is not available, we may also replace it with a comparable style and color at our discretion. Processing may take approximately 3-4 weeks.

Authorization to Use Our Services and Content.

 

We authorize you, subject to these Terms and Conditions, to access and use our Services and our Content (as defined below) solely for your personal, non-commercial use. The contents of our Services, such as designs, text, graphics, images, video, information, logos, button icons, software, source code, audio files, and any other of our Content (collectively, our “Content ") are protected under copyright, trademark, and other laws. All of our Content is the property of or its licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on our Services is the exclusive property of Manhattan Beachwear, LLC and is protected by copyright, trademark, and other laws. Unauthorized use of our Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited.  You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Content on any authorized copy you make of our Content.

 

You agree not to sell or modify our Content or reproduce, display, publicly perform, distribute, or otherwise use our Content in any way for any public or commercial purpose, in connection with products or services that are not those of our Services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us or our licensors, that dilutes the strength of our or our licensor’s property, or that otherwise infringes our or our licensor’s intellectual property rights. You further agree to in no other way misuse our Content. The use of our Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that we create to generate or display any our Content or any of our Services is also protected by our copyrights, and you may not copy or adapt such code.

 

Limitations on Use of Our Services

 

Your use of our Services is subject to any other contracts you or your Organization may have with us, including but not limited to any membership or subscription. In the case of any conflict between these Terms and any contract you or your Organization have with us, the terms of that contract will prevail. The term “submission” as used herein shall mean information that you submit, publish or otherwise make available to us via our Services, which may, at your sole discretion, include your personal information.

 

All Users Agree Not To:

 

• Transmit, post, distribute, store, or destroy material, including without limitation, our Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy.

 

• Take any action that, in our sole discretion, imposes an unreasonable or disproportionately large load on any our Service's infrastructure.

 

• Use with any of our Services any data mining, robots or similar data gathering or extraction methods.

 

• Violate or attempt to violate the security of any of our Services, including attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.

 

• Forge any TCP/IP packet header or any part of the header information in any submission.

 

• Reverse engineer or decompile any parts of any of our Services.

 

• Aggregate, copy or duplicate in any manner any of our Content, other than as explicitly permitted by these Terms.

 

• Submit in any submission any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms and Conditions, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses, or pirating media.

 

• Submit any submission on behalf of another party.

 

• Share with a third party any login credentials to any of our Services.

 

• Access data not intended for you, or log into a server or account which you are not authorized to access.

 

• Submit to any of our Services any false or inaccurate personal information, or personal information which is not your own.

 

• Solicit passwords or personal information from other Users.

 

• Harass, incite harassment, or advocate harassment of any group, company, or individual.

 

• Submit any submission regarding the promotion and/or advertising of products or services, or which solicit or seek employment of any type, or business or financial opportunities of any type, including, without limitation, franchises, pyramid schemes, club memberships, distributorships, multi-level marketing opportunities, or sales representative agency arrangements, or which seek or solicit in-person arrangements of any type, including, including, without limitation, transactional, sexual, or reproductive arrangements.

 

• Submit any submissions regarding the promotion or endorsement of any particular political party, political agenda, political position, or of any religious institution or religious belief.

 

• Contact any Users that have specifically requested not to be contacted by you.

 

• Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any of our Services, overloading, "flooding", "spamming", "mailbombing" or "crashing".

 

• Promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links in a submission, providing, or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files.

 

• Use our Services for any unlawful purpose or any illegal activity, or submit any submission that, according to our sole discretion, is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind.

 

We reserve the right, on any of our Services, to remove any submission or restrict any User’s ability to make any or all submissions if, in our sole discretion, that submission or User does not comply with the above terms, or if any submissions are made that we believe is not in our best interest.

 

In order to ensure a safe and effective experience for all of our customers, we reserve the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in our sole discretion from time to time.

 

Violations of system or network security may result in civil and/or criminal liability.

 

We will investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

 

Additional Terms

 

If you decide to register an account with any of our Services, you may be asked to provide us with certain information including information which may be personal information, such as your email address.

 

We reserve the right to offer or promote our or third-party products and services to you at any time.  Such offers and promotions may be made by us or by third parties, and may be made directly through our Services, or via any method of personal information you provide to us.  If you decide to provide us with personal information, you consent to us contacting you via means of that personal information, which may include contact for the purpose such as offering or promoting our or third-party products and services.

 

You understand and acknowledge that you have no ownership rights in your Account, and that if you cancel your Account or your Account is terminated, any information you have submitted in connection with your account, which may include personal information, may be marked as deleted in, and may be deleted from our databases, and may be removed from any public area of our Services.  Any credits or funds associated with your Account may be forfeited as well. Information may not be immediately deleted, and may continue to be available for some period of time because of delays in propagating such deletion through our web servers. In addition, third parties to whom you have given your personal information to may retain saved copies of your information.

 

We reserve the right, in our sole discretion, to delete any Account you may have and all of your information after a significant duration of inactivity.

 

User Content

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages, or other materials that may be submitted by any user on or through our Services ("User Content") are the sole responsibility of the person from which such User Content originated. We claim no ownership or control over any User Content. That user or that user’s third-party licensor, as appropriate, retains all patent, trademark and copyright to any User Content submitted, posted or displayed on or through our Services, and they are responsible for protecting those rights, as appropriate.

 

By submitting, posting or displaying User Content on or through our Services, you grant to us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through our Services. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting us and Our Services. We reserve the right to refuse to accept, post, display or transmit any User Content in our sole discretion.

 

By posting any User Content, you also represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights, and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any area of any our Services, you also permit any Users who have access to that area to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any our Services retains any and all rights that may exist in such User Content. We may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive, or illegal, or violates the rights of, or harms or threatens the safety of Users of any our Services. We reserve the right to expel Users and prevent their further access to or use of our Services for violating these Terms or applicable laws, rules or regulations. We may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if we believe that such User Content could create liability for us, damage our brand or public image, or cause us to lose Users or (in whole or in part) the services of its ISPs or other suppliers.

 

We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other submission submitted by Users, nor do we endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

 

The following is a partial list of User Content that is prohibited on our Services. The list below is for illustration only, and is not a complete list of all prohibited User Content.

 

• Content that is implicitly or explicitly offensive, such as User Content that engages in, endorses, or promotes racism, bigotry, discrimination, hatred, or physical harm of any kind against any group or individual.

 

• Content that harasses, incites harassment, or advocates harassment of any group or individual.

 

• Content that involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”.

 

• Content that promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.

 

(e)     Content that promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing, or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files.

 

(f)     Content that contains restricted or password only access pages, or hidden pages or images.

 

(g)    Content that displays or links to pornographic, indecent, or sexually explicit material of any kind.

 

(h)    Content that provides or links to material that exploits people under the age of 18 in a sexual, violent, or other manner, or solicits personal information from anyone under 18.

 

(i)     Content that provides instructional information about illegal activities or other activities prohibited by these Terms and Conditions, including without limitation, making, or buying illegal weapons, violating someone's privacy, providing, or creating computer viruses or pirating any media.

 

(j)     Content that solicits passwords or personal identifying information from other Users.

 

Please be advised that our policies do not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those which we have specifically requested. Do not submit creative ideas, inventions, suggestions, or materials.  If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively "Ideas"), then those ideas shall become our property. None of the Ideas shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Ideas and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person.

 

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.

 

We respect the intellectual property rights of others, and will respond to notices of alleged copyright and trademark infringement that comply with applicable law and are properly provided to us.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

 

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

 

• identification of the copyrighted work claimed to have been infringed;

 

 

• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

 

• your contact information, including your address, telephone number, and an email address;

 

• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. To reach our designated copyright agent for notices of alleged copyright infringement, contact us at:

 

Maxine of Hollywood Swim

Copyright Agent 

10855 Business Center Drive Ste C

Cypress, CA 90630

Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.

We respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of our Services, you agree not to use any our Service in a manner that infringes the intellectual property rights of others in any way. We reserve the right to terminate the accounts of any Users, and block access to our Services for any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others.  We reserve the right, in our sole discretion, to take these actions to limit access to the Site and/or terminate the accounts at any time, in our sole discretion, of Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact us.

 

No Liability

 

We are not involved in, and do not control, any submissions made between Users. As a result, we are not responsible for User Content. While we reserve the right in our sole discretion to remove User Content from our Services from time to time, we do not assume any obligation to do so, and to the extent permitted by law, disclaim any liability for failing to take any such action.

 

Note that there are risks, including but not limited to the risk of physical harm, of interacting with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you may interact with through via our Services. By their very nature, other people may be offensive, harmful, or deceptive. We expect that you will use caution and common sense when using our Services.

 

We do not confirm that any User is who they claim to be, and does not control or investigate the truthfulness or safety, or any other nature of any User submissions. Because we are not involved in User-to-User interactions or otherwise monitor the behavior of Users, in the event that you have a dispute with one or more Users, You release us (and our agents, officers, employees, and affiliates) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

 

Our Services and our Content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any our Services or our Content. The use of all of our Services and our Content is at your own risk. Changes are periodically made to our Services and may be made at any time. We cannot guarantee and do not promise any specific results from use of any our Services. No advice or information, whether oral or written, obtained by a User from our Services or through or from any of our Services shall create any warranty not expressly stated herein.

 

We encourage you to keep a back-up copy of any of your User Content. To the extent permitted by law, in no event shall we be liable for the deletion, loss, or unauthorized modification of any User Content.

 

We do not provide or make any representation as to the quality or nature of any of third-party products or services which may be purchased through any of our Services, or any other representation, warranty, or guaranty. Any such undertaking, representation, warranty, or guaranty would be furnished solely by the provider of such third-party products or services, under the terms agreed to by the provider.

 

If you believe that something on any our Services violates these Terms and Conditions, please contact our designated agent as set forth above.

 

If notified of any content or other materials which allegedly do not conform to these Terms and Conditions, We may in our sole discretion investigate the allegation and determine whether to remove or request the removal of the content. We have no liability or responsibility to Users for performance or nonperformance of such activities.

 

Disclaimer of Warranty

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, WE DO NOT WARRANT THAT ANY OF OUR SERVICES WILL OPERATE ERROR-FREE OR THAT ANY WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY OUR SERVICES OR OUR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT OR DATA OR ANY OTHER COSTS, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. OUR SERVICES AND OUR CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS OUR SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS

IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH OUR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Disclaimer of Consequential Damages

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL WE, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY OF OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OR ACCESS ANY OF OUR SERVICES AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Limitation of Liability

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY OF OUR SERVICES OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $1.

 

Links to Other Sites

 

Our Services may contain links to third parties.  These links are provided solely as a convenience to you and not as an endorsement by us of the third party or the products, services, contents, or conduct of the third party.  We are not responsible for the content of any linked third party and does not make any representations regarding the content or accuracy of materials obtained from such third parties.  If you decide to access links to third parties, you do so at your own risk.

 

No Resale or Unauthorized Commercial use

 

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Our Services.

 

Indemnity

 

You agree to defend, indemnify, and hold harmless Manhattan Beachwear, LLC, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from (i) any User Content or other material you provide to any of our Services, (ii) your use of any of our Content, or (iii) your breach of any terms of these Terms and Conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding.

 

Jurisdictional

 

We make no claims or representations that our Content or Services may be lawfully viewed or accessed outside of the United States.  Access to our Content or Services may not be legal by certain persons or in certain countries. If you access any of our Content or Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any software downloaded from or comprising any of our Services is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

 

These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles County, California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of our Services, a particular "Legal Notice," or software license or material on particular pages on our Services, the terms of this Agreement constitute the entire agreement between you and us with respect to the use of our Services. No changes to these Terms shall be made except by a revised posting on this page.

 

Mobile Devices and Software

 

Certain of our Services may be embodied in or accessible via software for a mobile device (“Mobile Software”). To use or access our services via Mobile Software, you must have a mobile device that is compatible with the Mobile Software. We do not warrant that any Mobile Software will be compatible with your mobile device, or that any of our services with be compatible with your or our Mobile Software or your mobile device.

 

You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

 

You acknowledge that we may from time-to-time issue upgraded versions of any of our Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

 

When you access our Services using a mobile device, including through any of our or your Mobile Software, we may also have transmitted to us certain unique identification numbers or other identifiers associated with your device or the Mobile Software.  This may include, for example, a Unique Device Identifier (“UDID”), a Google Ad ID, a Windows Advertising ID, A Unique ID for Advertisers (“IDFA”), a mobile carrier, a device type, model, and manufacturer, a mobile device operating system and version, a phone number, and depending on your mobile device settings, geographic location data such as GPS coordinates.  Your mobile operating system may let you opt-out from having certain device identifiers used. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the “settings” function of your mobile device.

 

By using any downloadable application to enable your use of our Services onto your mobile device, you are explicitly confirming your acceptance of these Terms and Conditions.

 

Our Services may include the use of an automatic telephone dialing system to deliver or communicate with you via telephonic communication or via text messages via mobile software on your mobile device.  For example, we may provide you with marketing and promotional information regarding our products and services (e.g., events and promotions). We may also provide you with transaction-related information. These may also include reminder messages.

 

Message and data rates may apply to any phone calls or text message sent or received in connection with our services, as provided in your mobile device’s service rate plan (please contact your mobile device telephone service carrier for pricing plans), in addition to any applicable roaming charges. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. You are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

To opt-in to or to opt-out from receiving text messages from any of our Services which may send text messages to you, please follow the instructions provided by or associated with the specific service from which you wish to receive messages.

 

If you opt in to receiving text messages from us, you represent that you are the account holder for the mobile telephone number(s) that you provide. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe.

1. Mobile Software from App Store by Apple

 

The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software”):

 

You acknowledge and agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and any law applicable to us as a provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and us both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

 

1. Mobile Software from Google Play Store.

 

The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Terms are between you and us only, and not with Google, Inc. (“Google”) or any parent or subsidiary thereof; (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) we, and not Google, are solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as relates to our Google-Sourced Software.

 

1. Mobile Software from Microsoft Store

 

The following applies to any Mobile Software you acquire from the Microsoft Store ("MS-Sourced Software"): (i) you acknowledge that the Agreement is between you and us only, and not with Microsoft Corporation ("Microsoft"); (ii) your use of MS-Sourced Software must comply with Microsoft's then-current Microsoft Store Terms of Service; (iii) Microsoft is only a provider of the Microsoft Store where you obtained the MS-Sourced Software; (iv) we, and not Microsoft, are solely responsible for its MS-Sourced Software; (v) Microsoft has no obligation or liability to you with respect to MS-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Microsoft is a third-party beneficiary to the Agreement as it relates to our MS-Sourced Software.

 

Term and Termination

 

These Terms will remain in full force and effect while you are a User of any of our Services. We reserve the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from our Services and immediate termination of your registration with or ability to access our Services and/or any other services provided to you by our, upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit.  Even after you are no longer a User of our Services, all of these Terms and Conditions will remain in effect.