terms & conditions
terms & conditions
This Internet web site ('Site') is owned and operated by T&W Ventures LLC, ("Todd Barrett Swimwear"). The following provisions set out the terms and conditions ('Terms and Conditions') under which any person accessing and using the Site ('You' and 'Your') may: access and use the Site, including any pages or information linked to it that are owned and operated by Todd Barrett Swimwear; and purchase a Product or Products from Todd Barrett Swimwear through the Site. By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If You do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.
The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ('the Works'), is the exclusive property of Todd Barrett Swimwear or its content suppliers, and is protected by US and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.
The mark, Todd Barrett Swimwear, indicated on the Site, is a registered trade mark of Todd Barrett Swimwear in the USA and other countries. The mark may not be used, in any way, without the prior written permission of Todd Barrett Swimwear.
Todd Barrett Swimwear grants You a limited, non-exclusive, revocable license to: access, use, and download the Works contained in the Site solely for non-commercial and personal purposes; access and use the Site solely for non-commercial and personal purposes; and if You are an internet service provider, supply the Works contained in the Site to Your subscriber.
Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Todd Barrett Swimwear), is strictly prohibited.
Any conduct with respect to the Works that is authorized by Clause 5.1, must include the Todd Barrett Swimwear copyright notice "© 2012 Todd Barrett Swimwear All Rights Reserved" and any other credits, trademarks or other legal notices applicable to the Works.
Use of the site by children
Todd Barrett Swimwear does not target as customers, or solicit data from, persons under the age of eighteen (18) years ('Children' or 'Child'). Children should obtain the consent of a parent or guardian prior to accessing and using the Site.
Submission of material to the site
Todd Barrett Swimwear may invite ('Invitation') You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response ('Material'), to the Site (particularly to the 'Bikini Competition' sections of the Site).
Upon the Invitation of Todd Barrett Swimwear, You may submit Material to the Site, provided that such Material:
· is accurate;
· is not defamatory, obscene, threatening, pornographic, or offensive;
· does not violate any applicable law, including communications that would give rise to criminal or civil liability;
· does not advocate any illegal activity;
· does not infringe the intellectual property rights of any third party;
· does not violate or infringe the rights of any person or entity, including a person's right of privacy; or
· does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.
Todd Barrett Swimwear shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Todd Barrett Swimwear nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.
In consideration for Todd Barrett Swimwear granting You an opportunity to submit Material to the Site, You hereby agree that:
· such Material is non-confidential; and
· by submitting such Material, You are deemed to have provided a valid and binding electronic signature authorizing the assignment of all rights, title and interest in all such Material to Todd Barrett Swimwear its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.
You warrant and represent that:
· any Material submitted to the Site is original and will not infringe or breach any law or any person's right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);
· any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Todd Barrett Swimwear, free from any claim by any person;
· You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by Todd Barrett Swimwear in perpetuity, without any requirement for Todd Barrett Swimwear to make any payment to You or such third parties, and can provide any written evidence of this to Todd Barrett Swimwear on our request;
· You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit Todd Barrett Swimwear's rights to use the Material;
· as to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person's name, likeness and life story in connection with any use of the Material and You hereby assign such rights to Todd Barrett Swimwear;
· You will enter into any formal written documentation if required by Todd Barrett Swimwear, to formalize Your assignment of all rights in the Material to Todd Barrett Swimwear; and
· You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
Purchase of products
At the 'bathing suits' section of the Site ('Bathing Suits'), Todd Barrett Swimwear: advertises certain products for sale ('Product' or 'Products'); and lists the price for each Product ('Purchase Price').
You can make an offer ('Offer') to purchase a Product or Products from Todd Barrett Swimwear at the relevant Purchase Price, by:
· accessing the Bathing Suits;
· selecting the Product or Products with respect to which you wish to make an Offer, and clicking the 'cart' button;
· inserting the 'quantity' of the Product or Products that you require, and clicking the 'shopping cart' button;
· selecting the 'Estimate Shipping & Taxes' that you require and clicking the 'Checkout' button;
· completing the '6 Steps of Checkout' Form and clicking the 'Confirm Order' button; and
Todd Barrett Swimwear is deemed to have accepted ('Acceptance') the Offer when your card is processed confirming that payment of the Purchase Price ('Payment') has been processed.
Payment will be processed by Chase Merchant Services simultaneous to Acceptance. Payment must be made by credit card (Amex, MasterCard and Visa).
An agreement ('Agreement') exists between You and Todd Barrett Swimwear, for you to purchase from Todd Barrett Swimwear the Product or Products with respect to which you have made an Offer, upon Acceptance.
The entire Agreement consists of:
· the Offer;
· the Acceptance; and
· the Terms and Conditions.
Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.
If Todd Barrett Swimwear owes money to You under one Agreement, Todd Barrett Swimwear may set-off that money against any money that it owes You under another Agreement.
Todd Barrett Swimwear will deliver the Product or Products to You:
· at the address for delivery ('Delivery Address') provided by You in the Customer Details Form in the Offer;
· by way of the Shipping Method selected by You in the Offer;
· at the price ('Shipping Price') that corresponds with the Shipping Method selected by You in the Offer; and
· within a time that is, at the discretion of Todd Barrett Swimwear, feasible.
Anyone at the Delivery Address who receives the Product or Products is deemed to be authorized to receive the Product or Products.
Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.
If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, Todd Barrett Swimwear will exchange ('Exchange') for You for the Product or Products, provided:
You return the Product or Products in new condition with the tags attached, and with all information Todd Barrett Swimwear will need in order to correctly Exchange the Product or Products for You (including invoice number, name, address, and your requirements);
to the address described in Clause 17;
Twenty one (21) days from the date the Agreement is made, if the Delivery Address is outside the USA; or
(ii) fourteen (14) days from the date the Agreement is made, if the Delivery Address is inside the USA
The Shipping Price is not refundable.
There will be no Shipping Price for any initial Exchange with respect to an Agreement.
A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
· regular USPS mail
You must not:
engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that You have purchased from Todd Barrett Swimwear pursuant to an Agreement; and represent Yourself as Todd Barrett Swimwear or as an agent or sub-contractor of Todd Barrett Swimwear, by making any unauthorized use of any trade mark and/or copyrights owned by Todd Barrett Swimwear or by any other means.
Disclaimer of warranties and limitation of liability
Todd Barrett Swimwear reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
Todd Barrett Swimwear is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Todd Barrett Swimwear intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided "as is", without any warranty of any kind.
The liability of Todd Barrett Swimwear for any breach of any implied condition or warranty, or any similar state or federal legislation which cannot be excluded, is limited to any one or more of the following, determined by Todd Barrett Swimwear in its sole discretion:
· in the case of a Product or Products:
· the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or
· the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products; and
· in the case of services:
· supply of the services again; or
· the payment of the cost of having the services supplied again.
To the full extent permitted by law, Todd Barrett Swimwear, its related bodies corporate and their managers, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of Todd Barrett Swimwear to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from Todd Barrett Swimwear, pursuant to an Agreement, through the Site.
You agree to indemnify Todd Barrett Swimwear and hold Todd Barrett Swimwear indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
Links to third party sites
Todd Barrett Swimwear makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that Todd Barrett Swimwear endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
You consent to receiving communications from Todd Barrett Swimwear electronically, including electronic mail or notices posted on the Site.
You acknowledge that all agreements, notices, disclosures and other communications that Todd Barrett Swimwear provides to You and that You provide to Todd Barrett Swimwear electronically, satisfy any legal requirement that such communications be in writing.
Todd Barrett Swimwear may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice ('Notice'):
· by electronic mail; or
· by ordinary post to your address contained in the Customer Details; or
· by posting on the Site.
The Terms and Conditions constitute:
· the entire agreement between Todd Barrett Swimwear and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and
· part of an Agreement for You to purchase Goods from Todd Barrett Swimwear through the Site, as provided for in Clause 8.6.
The Terms and Conditions supersede all previous, written or oral agreements between You and Todd Barrett Swimwear.
No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in the USA, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
Your indemnity and assignment of all rights in any Material submitted to Todd Barrett Swimwear and the Site will survive any change to, or termination of, the Terms and Conditions.
The Terms and Conditions shall be governed by, and construed according to, the laws of Florida, USA. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Florida and, by using the Site, You hereby submit to that jurisdiction.
Todd Barrett Swimwear
2445 LAKE PANCOAST DR APT L
Miami Beach, Florida 33140