PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (the “Site”). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you are consenting to these Terms and Conditions in their entirety in addition to any other policies listed or referenced herein, and any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site
OWNERSHIP OF CONTENT
The Site is owned and operated by Spark Commercial Capital, LLC and its subsidiary, (collectively, “Swim O’ahu”). All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Swim O’ahu, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by copyright, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Swim O’ahu, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of Swim O’ahu or its licensors unless otherwise expressly agreed.
COPYRIGHT
The copyright in all Content is and remains owned by Swim O’ahu. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Swim O’ahu. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from any material or other content on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Swim O’ahu. Swim O’ahu does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Swim O’ahu retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
TRADEMARKS
All trademarks, service marks and trade names of Swim O’ahu used herein (including but not limited to: the word mark “Swim O’ahu”, the Swim O’ahu logo and the word marks “Made by swimmers. For swimmers.”, “I’m Not Crazy. I’m Just a Swimmer.”, and “Swim with Aloha”) are trademarks or registered trademarks of Swim O’ahu or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Swim O’ahu trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Swim O’ahu’s prior written consent. The use of Swim O’ahu trademarks on any other website or network computer environment, for example the storage or reproduction of (or a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Swim O’ahu.
SECURITY AND USE OF PASSWORD
You create a username and password to access and use certain portions of this Site, including ordering portions. Do not share this information with anyone. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND USERNAME, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of your username and password. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
PRODUCTS, CONSENT AND SPECIFICATIONS
We do our best to ensure that information on this Site is complete, accurate and current; however, despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. For example, we make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We 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 also may require verification of information prior to the acceptance and/or shipment of any order.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright representative the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of copyright claims on this Website is: [email protected]
REPRESENTATIONS AND WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED ‘AS IS’ AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. SWIM O’AHU DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. SWIM O’AHU DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SWIM O’AHU RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SWIM O’AHU NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF SWIM O’AHU HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to defend, indemnify and hold Swim O’ahu and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Site or the Internet, or your purchases or the placement or transmission of any message or information on this Site by you or your authorized users, or your violation of any law or the rights of a third party.
TERMINATION
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Site in the event that (i) you breach these Terms and Conditions; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us. You agree that Swim O’ahu will not be liable to you or to any third-party for such suspension or termination.
LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Swim O’ahu’s service and off the Swim O’ahu Site and are beyond Swim O’ahu’s control. This includes links to partners that may use Swim O’ahu’s logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although Swim O’ahu seeks to protect the integrity of its Site, Swim O’ahu is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials or content from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
HOW TO CONTACT US
If you have any questions or comments about the Site or any of our services, please Contact Us.
CHANGES TO THE TERMS
Swim O’ahu reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these Terms and Conditions (including the Swim O’ahu Privacy Policy) will mean you accept those changes.
PURCHASES
When we make it possible to order products via the Site, please also read the return/exchange policy that will apply to those purchases. You can find the return policy on the page where you place your order.
APPLICABLE LAW AND JURISDICTION
Any issues involving this site shall be governed by the laws of the state of Texas and anybody using this site agrees that any lawsuit shall be litigated in state or federal court in Texas. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
YOUR CONSENT
By using our site, you consent to our privacy policy located here: Privacy Policy.