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Terms of Use

This website, located at www.SwimOutlet.com (the "Site"), is provided by Spiraledge, Inc. dba SwimOutlet.com (SwimOutlet.com, "we," "our," or "us") to the person accessing this Site ("you," "your").

1. You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. SwimOutlet.com may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by SwimOutlet.com. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

2. Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing SwimOutlet.com products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that SwimOutlet.com may, without cause or prior notice, and without liability to you or any third party, immediately terminate your SwimOutlet.comaccount and/or email address,, access to your account, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your account may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SwimOutlet.com may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your SwimOutlet.comaccount includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with your account, and (c) barring of further use of your account. Further, you agree that all terminations for cause shall be made in SwimOutlet.com's sole discretion and that SwimOutlet.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to your account.

You may terminate your account, this Agreement, and your right to use your account at any time and for any reason or no reason, by contacting us at: shop@swimoutlet.com.

The provisions relating to intellectual property, disclaimer, warranty, indemnification, limitation of liability, law and jurisdiction shall survive termination of this Agreement.

3. User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. SwimOutlet.com does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, SwimOutlet.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize SwimOutlet.com to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, SwimOutlet.com reserves the right to block or remove communications or materials that it determines to be unacceptable to SwimOutlet.com in its sole discretion.

By submitting any user-generated content, you hereby grant SwimOutlet.com (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at SwimOutlet.com's sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SwimOutlet.com employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, advertise or otherwise solicit funds or is a solicitation for goods or services, or which may otherwise give rise to liability or violate any law.

4. Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release SwimOutlet.com (and SwimOutlet.com's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

5. Notice; Electronic Communications

When you visit this Site, send emails to SwimOutlet.com, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with SwimOutlet.com.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your SwimOutlet.comaccount pageand adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

6. Privacy

SwimOutlet.com's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by SwimOutlet.com in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.

7. Practices; Typographical Errors; Colors

You acknowledge that SwimOutlet.com may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by anaccount, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted on SwimOutlet.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your account in a given period of time. You agree that SwimOutlet.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that SwimOutlet.com reserves the right to log off, delete, or disable accounts that are inactive for an extended period of time. You further acknowledge that SwimOutlet.com reserves the right to modify these general practices and limits from time to time.

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, SwimOutlet.com reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, SwimOutlet.com shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall SwimOutlet.com be obligated to provide you the merchandise at the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, SwimOutlet.com makes no guarantees that any actual colors of products or features will be true or accurate.

8. Disclaimer - Warranty

THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWIMOUTLET.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SwimOutlet.com does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. SwimOutlet.com does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless SwimOutlet.com, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others.

10. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SWIMOUTLET.COM, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. Third-Party Links

In an attempt to provide increased value to our visitors, SwimOutlet.com may link to sites operated by third parties. However, even if the third party is affiliated with SwimOutlet.com, SwimOutlet.com has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of SwimOutlet.com. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, SwimOutlet.com specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

SwimOutlet.com does not endorse the content, or any products or services available, on such sites. Nonetheless, SwimOutlet.com seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non-confidential and non-proprietary.

12. Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by SwimOutlet.com or its affiliates. All software used on this Site is the property of SwimOutlet.com or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SwimOutlet.com. The collective work includes works that are licensed to SwimOutlet.com. Copyright 2003 - 2014, SwimOutlet.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SwimOutlet.com or purchasing SwimOutlet.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SwimOutlet.com or to purchase SwimOutlet.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SwimOutlet.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

13. Compliance with Intellectual Property Laws.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

14.Prohibited Uses.

SwimOutlet.com imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SwimOutlet.com in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

15. Copyright Complaints

If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at shop@swimoutlet.com.

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

(ii) a description of the copyrighted work or other work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the SwimOutlet.com's website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

16. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

SwimOutlet.com does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.

17. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of California, without regard to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California, USA in all disputes arising out of or related to the use of the Site.

18. Assignment

SwimOutlet.com may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

19. No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by SwimOutlet.com or by any third party.

20. Modifications

SwimOutlet.com may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. SwimOutlet.com shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

21. Authorization for Broker - Canada

By ordering goods from SwimOutlet.com, you authorize SwimOutlet.com to select a broker to act as my agent, and to transact business with CBSA (Canada Border Services Agency) to clear my merchandise, account for duties and taxes, and to return merchandise to SwimOutlet.com. PST Processing/Calculations and Self-Assessing.
● SwimOutlet.com will collect and remit PST for residents of the Province of Import only.
● SwimOutlet.com will collect and remit HST for residents of the following Provinces (Newfoundland, New Brunswick, Nova Scotia, British Columbia, and Ontario)
● For residents of PEI, Quebec, Manitoba, Saskatchewan, you will have to Self-Assess with your respective Provincial Government for payment of PST amounts owing.

22. Authorization for Broker - EU

By ordering goods from SwimOutlet.com destined to EU-member states specifically, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As IOR, you agree to be ultimately responsible for importing the products ordered by you into the destination EU-member state and are solely responsible for the payment of duties, and taxes either at the time of sale if prepayment is selected or at the time of importation if prepayment is not selected. You hereby give a proxy or power of attorney (“POA”) to SwimOutlet.com’s designated shipping provider for the customs clearance of products ordered by you. This POA authorizes SwimOutlet.com’s designated shipping provider’s assigned customs broker to act on behalf of you. SwimOutlet.com’s designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by SwimOutlet.com’s designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from SwimOutlet.com and transportation conditions from SwimOutlet.com designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them.