Terms and Conditions - Evie Swim

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Last Updated on: March 15, 2021

By accessing or using this website as a user (“You”), You agree to the following Terms of Use and Privacy Policy in regards to Evieswim, LLC products and services, or contacting our call center representatives (collectively, the “Services”). 

This website is owned and operated by Evieswim, LLC (hereafter “Our”, “We” or “Company”). Our LLC is located in the State of California and our principal place of business is located in Ventura, California.

Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs our relationship.

Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein. We reserve the right, at any time and in our sole discretion, to change, modify or otherwise alter these Terms of Use. Such changes and/or modifications are effective immediately when posted on our websites. We may email periodic reminders of our Terms of Use, but you should check our website frequently to see any recent changes. Your continued use of our Services after the changes and/or modifications are posted will constitute your acceptance of the revised terms and conditions. If you do not agree to these Terms of Use, please do not use our Services.
 
Age Requirements

You must be at least 13 to use Our website and purchase any products.

Returns & Exchanges

See our Returns & Exchanges Policy HERE.

Risk of Loss

Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.

Modifications to Services and Prices

Prices for Our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

Pricing & Shipping

Shipping charges are not included in the purchase price of products unless otherwise stated. Any shipping promotions listed on this website at any given time (i.e. “Free Shipping With Purchases Over $50”) shall be available to all customers in the continental United States only. Other countries such as Canada, Europe, etc., are excluded from free shipping. Shipping promotions are not retroactive and are only available during the specific promotional period. 

Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which We have sent an Order Confirmation.

We work hard to ensure the accuracy of pricing. Despite Our efforts, pricing errors may still occur. If an item's price is higher than the price displayed, We will cancel your order of that item and notify you of the cancellation.

Intellectual Property Notice

All text, photographs, graphics and other materials on this site are subject to the copyrights and other intellectual property rights of Evieswim, LLC, and are protected by United States Copyright Laws (USC Title 17). website materials may not be copied for any reason, including your personal use, commercial use, or distribution, nor may these materials be modified or reposted to other sites, without the prior express written permission of Company. We may prosecuted You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

Company owns the following Trademark(s): 90014222 

Promotions

Occasionally We will offer special promotions to our customers that We refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping or other promotional activity associated with a product purchase. These offers may be for a limited time only.

From time to time, We may also post a contest, sweepstakes, or other similar promotion ("Promotion") on our social media websites or the Site. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Use and Privacy Policy, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:

No purchase necessary to win;
Any applicable taxes are to be paid by Promotion winner;
Void where prohibited;
Eligibility limited to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older;
Employees of Evieswim, LLC, its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win;
Our decisions and/or the decisions of judges with respect to any aspect of the Promotion are final;
Judges, if any, are qualified;
We are not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;
Entries in excess of the stated entry limitations will be void;
Mass entries or mechanical reproductions are void;
Prizes cannot be transferred, redeemed for cash or substituted, except by Evieswim, LLC who reserves the right to substitute a prize of comparable or greater value;
Prizes will not be awarded if We do not receive a sufficient number of eligible and qualified entries;
Entries must be original and become the property of Evieswim, LLC upon submission; and
We reserve the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.

Unless otherwise stated, Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or any other Social Media Host (as defined above). You understand that you are providing your information to us and not to Facebook or any other Social Media Host. The information you provide will only be used for the purposes outlined in our Privacy Policy.

A person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of our social media websites, except where legally prohibited, such person grants permission for us and our designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

Taxes

We collect sales taxes in all applicable U.S. states. All sales tax will be applied at checkout.

Social Media and Mobile Sites

See Privacy Policy for additional terms governing our Social Media Sites and Mobile Sites.

International Orders

We accept orders from all around the globe and can ship eligible products to certain countries so long as the billing address and "ship to" address are the same. Available product lines, shipping rates and fees may vary depending on the delivery address for your order.

Packages shipped outside of the United States are also subject to customs fees and import duties imposed by the country where the package will be delivered. These charges are your responsibility and will be charged upon delivery.

The goods will be imported on behalf of the customer. The customer authorizes EvieSwim, LLC to import the goods on his/her behalf. Further, the customer agrees Evieswim, LLC may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The customer will pay the taxes & duties in addition with the purchase price of the goods.

When you place an order for delivery outside of the United States, you are designated as the importer of record. Your order and all order details must comply with all laws and regulations of the destination country. By placing an order for delivery outside of the United States, you authorize i-parcel, its employees and agents, to act as your agent when communicating with any applicable customs, tax, governmental, and/or administrative authority needed to process, clear and deliver your order.

The following programs are NOT eligible on orders shipped outside of the US:

Free shipping
Free returns
Promotional Discounts and Offers designated for merchandise delivered within the United States

Weight restrictions apply and orders can be restricted for any reason including but not limited to size and quantity.

Your Communications

Any communications made through Our blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as alloWed by United States law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. EVIESWIM, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVIESWIM, LLC DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH EVIESWIM, LLC ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER EVIESWIM, LLC NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. EVIESWIM, LLC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF EVIESWIM, LLC’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EVIESWIM, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF CALIFORNIA OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on Our website or in Our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website(s), including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Force Majeure

We will not be liable for any non-compliance or delay in compliance with any of the obligations We assume under these Terms of Use when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that Our obligations deriving from these Terms of Use are suspended during the period in which Force Majeure remains in effect and We will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

Termination

If at any time Company feels You have violated these Terms and Conditions, Company shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within the Company's sole discretion to allow any user’s access to Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

Entire Agreement

The information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

Severability & No Waiver

If any part of these Terms of Use is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. Any failure by the Company to enforce a provision of these Terms of Use shall not constitute a waiver of any other portion or provision of these Terms and Conditions.

Headings
 
Headings and titles are provided in this Terms of Use for convenience only and will not be construed as part of the legal terms.

Venue and Jurisdiction

These Terms of Use and Our Privacy Policy shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Ventura, California. You and Company assume responsibility for their own collection costs and legal fees incurred should enforcement of these conditions should it become necessary.

Arbitration
 
Any dispute or claim relating in any way to the Services, including products or services sold or distributed through our websites and catalogs, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these revised Terms of Use.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

We EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless We both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, We EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, We will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If a dispute arises, We strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.

If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:

Evieswim, LLC
Email: info@evieswim.com

If the claim has not been resolved within 30 days of sending the notice, you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.

Questions

If You require any more information or have any questions about these Terms of Use or Our Privacy Policy, please feel free to contact us by email at info@evieswim.com
 
View Our Privacy Policy HERE.

TERMS OF USE

Evieswim, LLC is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including [WCAG 2.0 accessibility standards up to level AA (insert the level of accessibility your website has)].

If you experience any difficulty in accessing any part of this website, please contact us at info@evieswim.com and We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).

Web Accessibility

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