Terms of service
Welcome to www.delmarswimboutique.com. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on www.delmarswimboutique.com, and these terms and conditions at any time. By accessing or otherwise using www.delmarswimboutique.com you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.
USE OF Del Mar beach apparel LLC
By using www.delmarswimboutique.com, you represent and warrant that you are more than 18 years of age or are visiting our website with the permission and supervision of a parent or guardian. Subject to these Terms and Conditions, Del Mar beach apparel LLC. hereby grants you a limited, revocable, non-exclusive license to access and use the www.DelMarswimboutique.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the www.DelMarswimboutique.com website unless expressly permitted by Del Mar beach apparel LLC. Del Mar beach apparel LLC reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.DelMarswimboutique.com.
USER REVIEWS, PHOTOS & COMMENTS
Anything posted or otherwise submitted to Del Mar beach apparel LLC, whether on the www.DelMarswimboutique.com website, blog or via any form of social media (including by submitting an image to your social media using any Del Mar branded hashtag), will be treated as public and nonproprietary. By submitting photographs, comments or other materials to Del Mar beach apparel LLC, you grant Del Mar beach apparel LLC a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Del Mar beach apparel LLC's sole and exclusive property. In addition, when you post photographs, reviews or comments to Del Mar beach apparel LLC website or on any of Del Mar beach apparel LLC’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to Del Mar beach apparel LLC.
INTELLECTUAL PROPERTY RIGHTS
All graphics, images and content on the www.DelMarswimboutique.com website, blog or any social media, belongs exclusively to Del Mar beach apparel LLC, or its affiliates. The use of any Del Mar beach apparel LLC trademarks or service marks without Del Mar beach apparel LLC’s express written consent is strictly prohibited. You may not use Del Mar beach apparel LLC's trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Del Mar beach apparel LLC. In addition, you may not use any of Del Mar beach apparel LLC’s trademarks or service marks in meta tags without Del Mar beach apparel LLC’s explicit prior consent.
Customers who access and use the www.DelMarswimboutique.com website from outside of the United States are responsible for complying with their local laws and regulations.
Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
Del Mar beach apparel LLC. deeply respects the intellectual property of others. Please contact email@example.com if you believe that any content on www.DelMarswimboutique.com website constitutes an infringement of your copyrights.
APPLICABLE LAW; DISPUTES; REMEDIES
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Del Mar beach apparel LLC. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Palm Harbor, FL before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Del Mar beach apparel LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Palm Harbor, FL 34683 – USA
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