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Terms of Use

Acceptance of Terms of Use

Thank you for visiting our Site, www.swimrise.com (the “Site”) owned and operated by DAGWOOD GOODS, LLC d/b/a swimRISE (“swimRISE”,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. Patent Application Process Filing.  

Accessing the Site

To use this Site, you represent and warrant that you are of legal age to form a binding contract with swimRISE™. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. You are responsible for making all arrangements necessary for you to have access to the Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them. To access the Site or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.

Intellectual Property Rights

The entire contents of the Site (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by swimRISE™ or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

You are permitted to use the Site for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our site without the prior written consent of swimRISE™, except to (i) Store copies of such materials temporarily in RAM: (ii) Store files that are automatically cached by your Web browser for display enhancement purposes: (iii) Print a reasonable number of pages of the Site for a permitted use.

You must not (i) Modify the paper or digital copies of any materials from this site: (ii) Use it for any public or commercial purpose without the specific prior written permission of swimRISE™: (iii) Use any illustrations, photographs, video or audio sequences or any graphics for a matter not related with swimRISE™: (iv) Delete or alter any copyright, trademark and other proprietary notices appearing on such materials. You must not reproduce, sell or exploit for any commercial purposes any part of the Site, access to the Site or use of the Site or any services or materials available through the Site without obtaining a license to do so from swimRISE™ or its applicable licensor.

If you wish to make any use of material on the Site other than that set out above, please address your request to: info@swimrise.com • If you print, copy, modify, download or otherwise use any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the site are transferred to you, and all rights not expressly granted are reserved by swimRISE™. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Company Trademarks / Patents Pending

The swimRISE™ name, and all related names, logos, product and service names, designs and slogans are trademarks of swimRISE™ or its affiliates or licensors. You must not use such marks without the prior written permission of swimRISE™. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. This product is covered by a patent pending application. swimRISE™ Sassy and Sexy collections with the exclusive use of internal compression band is U.S. Patent Pending. 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site (i) In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries): (ii) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise: (iii) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation: (iv) To impersonate or attempt to impersonate swimRISE™ or a swimRISE™ employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing): (v) To engage in any other conduct that restricts or inhibits anyone´s use or enjoyment of the Site, or which, as determined by us, may harm swimRISE™ or users of the Site or expose them to liability.

Additionally, you agree not to (i) Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party´s use of the Site, including their ability to engage in real time activities through the Site: (ii) Use any robot, spider or other automatic device, process or means to access the Site: (iii) Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent: (iv) Use any device, software or routine that interferes with the proper working of the Site: (v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful: (vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site: (vii) Attack the Site via a denial-of-service attack or a distributed denial-of-service attack: (viii) Otherwise attempt to interfere with the proper working of the Site.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Changes to the Site

We may update the Site from time to time, but its content is not necessarily complete or up-to-date. We may change the Site at any time with or without notice. We may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

We collect and use information about you in accordance with our Privacy Policy. By using the Site, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

Linking to the Site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Site that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

User Content

We welcome your comments and input about our Site and products. However, any feedback, comments suggestions, concepts, ideas questions or other communications (collectively “User Content”) that you submit or post on the Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content you grant swimRISE™ the right to use, modify, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, you should not send us any User Content that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold swimRISE™ and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Site Content and Orders

Please understand that we have made every effort to display the products featured on our Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. swimRISE™ is not responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any color, texture, or detail of merchandise will be accurate.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you.

We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. The prices displayed on this Outlet Website are quoted in U.S. currency and as such are valid only in the United States. Prices are subject to change at any time.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BERMIES NOR ANY PERSON ASSOCIATED WITH SWIMRISE™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BERMIES NOR ANYONE ASSOCIATED WITH SWIMRISE™ REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SWIMRISE™ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL SWIMRISE™, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, EITHER JOINTLY OR SEVERALLY, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless swimRISE™, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys´ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site´s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Waiver and Severability

No waiver of these Terms of Use by swimRISE™ shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of swimRISE™ to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and swimRISE™ with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@swimrise.com