Terms of service
Welcome to onewith!
onewith is owned and operated by 1W LLC.
These are the terms and conditions (the "Terms") for the website located at https://onewithswim.com (hereby "onewith"), as well as for any mobile or tablet versions of the website or any other version of onewith accessible via desktop, mobile, tablet, social media, or other devices. The following Terms apply to your access to and use of the website and any products or services offered by onewith.
By accessing, using, or obtaining any materials, information, or products from onewith, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use onewith's website or purchase any products from onewith.
Please read these Terms carefully before accessing, using, or obtaining any materials, information, or products. These Terms govern your use of the website, including any transactions you make on or through the website. By accessing or using onewith's website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
The use of onewith's website and the purchase of any products (hereinafter referred to as "Products") from the website are subject to these Terms. By using the website or purchasing any Products, you acknowledge and agree that you have read, understood, and accept these Terms. If you do not agree to these Terms, you should not use the website or purchase any Products.
If you have any questions or concerns about these Terms or any aspect of onewith's website or products, please contact us using the contact information provided on the website. We reserve the right to modify these Terms at any time, without prior notice to you. Any updates or modifications to these Terms will be posted on the website, and your continued use of the website after any such updates or modifications will constitute your acceptance of the updated or modified Terms.
By using the onewith website and purchasing products, you agree to the eligibility criteria listed as following.
- You represent and warrant that you have the full right, power, and authority to enter into these Terms and to fully perform all of your obligations hereunder. This means that you are legally able to enter into a binding agreement and have the capacity to perform your obligations under these Terms.
- You represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms. This means that there are no legal restrictions, such as age or contractual obligations, that would prevent you from using the onewith website or purchasing its products.
- You represent and warrant that your use of the onewith platform does not violate any applicable law or regulation. This means that you agree to comply with all local, state, national, and international laws and regulations related to the use of the website and purchase of its products.
- onewith reserves the right to refuse to offer the website and products to any user and change its eligibility criteria at any time at its sole discretion. This means that onewith has the right to deny access to its website and products to any user for any reason, including if the user does not meet the eligibility criteria listed above.
It is important to note that this provision is void where prohibited by law, and the right to access the service and the platform is revoked in such jurisdictions. This means that in certain jurisdictions, onewith may not be able to enforce this eligibility clause due to local laws and regulations.
- If you choose to register on the onewith website, you will be required to choose a password and provide additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account.
- You agree to immediately notify onewith of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from onewith. Failure to comply with this agreement may result in onewith not being liable for any loss or damage arising from the breach.
- By providing onewith with your email address and phone number, you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or texting STOP for mobile notifications. However, opting out may prevent you from receiving emails about updates, news, or offers.
- Users may terminate their accounts at any time, for any reason, by following the instructions on onewith. That termination will only result in the deletion of the account and all personal data granted to onewith.
onewith reserves the right to terminate your account or access immediately, with or without notice to you, and without liability to you if onewith believes that you have breached any of these terms, furnished onewith with false or misleading information, or interfered with the use of the website or service by others. This means that onewith may terminate your account if you do not comply with these Terms, provide false or misleading information, or interfere with the use of the website or service by other users.
- When you place an order on the onewith website, you are offering to buy the products for the price advertised and indicated on the website at the time of purchase. It is your responsibility to check the sizes, variants (colors, styles, etc.), and features of the products before placing an order.
- Once you have placed an order, onewith will send you an email confirmation of your purchase and payment. This email confirmation will include details of your order such as the item(s) purchased, the price, and the shipping address. If you do not receive an email confirmation within 24 hours of placing your order, please contact onewith customer service.
- onewith reserves the right to cancel any order and not supply products if it is reasonable to do so. This may occur if there is a problem with the payment, if the products are out of stock or if there is an error in the product description or pricing. In the event of an order cancellation, any payments made for products will be refunded in full. However, this does not affect your statutory rights.
- If you wish to cancel or modify your order after it has been placed, please contact onewith customer service as soon as possible. onewith will do its best to accommodate your request, but cannot guarantee that your order can be modified or cancelled once it has been placed.
- All new orders are considered separately and each is treated individually. This means that each order is processed as a separate transaction and is not affected by previous or future orders.
Please note that onewith reserves the right to change or discontinue the availability of products at any time in its sole discretion. In the event that a product is no longer available, onewith may offer a replacement or a refund for the purchase price of the product.
- onewith reserves the right to determine the price for its products. The price of each product and its different variants will be available on the product page. Please note that product prices and shipping costs are subject to change at any time according to the value of exchange rates.
- onewith will make reasonable efforts to keep the price information published on the website up to date. However, we encourage you to check our website periodically for current pricing information.
- While we always try to make sure that the prices on the website are accurate, some errors in terms of pricing may occur from time to time, including but not limited to human error, mechanical error or the like. If an error in pricing is discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should they not be satisfied with the correct price communicated on the said product order.
- Please note that onewith reserves the right to change the price of its products at any time in its sole discretion. Any changes to the product price will not affect any order that has already been placed and confirmed by onewith, unless there is an error in pricing as outlined above.
- It is important to note that the price of a product does not include any applicable taxes, customs duties, or other fees that may be imposed by the relevant authorities. The customer is solely responsible for paying any such taxes or fees.
- Please also note that the price of a product does not include shipping costs, which will be added to the total purchase price at checkout. The shipping costs will vary depending on the destination and the shipping method selected by the customer.
Finally, onewith may offer promotional discounts or coupon codes from time to time. These discounts and codes are subject to change at any time and may be limited to certain products or time periods. Any promotional discounts or coupon codes must be used at the time of purchase and cannot be applied retroactively to previous orders.
- Products on the onewith website can be paid for using the following payment methods or platforms:
Credit/debit card, PayPal, Amazon Pay, Shopify Payments, Shop Pay Installments, Stripe, Afterpay and Google Pay
- The customer must pay the price of the product as stipulated on the order before the product is shipped and delivered. Payment will be debited from your credit/debit card or PayPal account immediately upon placing the order for the product(s) you have purchased. Users will also be able to pay for products using After Pay installments. If you select this payment method, you will be redirected to the After Pay checkout where you will have to select the installments and payment method.
- Please note that the availability of payment methods may vary depending on your location and the products you are purchasing. Additionally, any fees or charges associated with the use of a particular payment method are the sole responsibility of the customer.
- Upon processing a transaction, onewith will issue you with an electronic transaction receipt which will be sent to the email address you provide. This receipt will include the details of the transaction, such as the items purchased, the price, and the payment method.
- If you find any inconsistencies in your billing, please contact us through our contact information or make a claim through the customer service of the corresponding payment platform. If your payment is declined, you must provide an alternative payment method or another card where payment can be charged and processed.
- Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. onewith reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
- Please note that the price of a product does not include any applicable taxes, customs duties, or other fees that may be imposed by the relevant authorities. The customer is solely responsible for paying any such taxes or fees.
- In the event of a refund, the refund will be issued to the same payment method used to purchase the product(s). The refund may take several business days to process, depending on your bank or payment platform.
- Finally, onewith reserves the right to refuse or cancel any order for any reason, including but not limited to suspicion of fraud, unauthorized use of a payment method, or violation of these terms and conditions.
- onewith attempts to provide accurate and reliable product descriptions, product prices, and other content on its website. However, please note that onewith does not warrant that such information is accurate, complete, reliable, current, or error-free.
- Product descriptions and images may vary according to the color resolution of the user's device screen. While onewith makes every effort to ensure that the images and descriptions on its website are as accurate as possible, there may be minor differences in color, texture, or other characteristics due to the way in which different devices display images.
- Please note that the product descriptions and images on the onewith website are intended to be informative and do not constitute a contractual offer. They are subject to change at any time without notice, and the actual product you receive may differ slightly from the product images and descriptions on the website.
- It is the customer's responsibility to carefully review the product descriptions and images before placing an order. If you have any questions or concerns about a product, please contact us through our contact information before making your purchase.
- Please also note that product prices and availability are subject to change at any time without notice. onewith reserves the right to change or discontinue any product at any time, and is not liable for any damages or losses that may result from such changes.
- In the event that a product is listed at an incorrect price or with incorrect information, onewith reserves the right to refuse or cancel any orders placed for that product. If your credit card has already been charged for the purchase and your order is cancelled, onewith will issue a credit to your credit card account in the amount of the charge.
Finally, please note that the products offered on the onewith website are intended for personal, non-commercial use only. Any resale or commercial use of the products is strictly prohibited without the prior written consent of onewith.
- By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. The website and the content provided on the website are intended to provide general information only and should not be construed as advice or instruction on any particular subject.
- You agree that onewith has not guaranteed the results of any actions taken, advised or not advised by this website or the content in the eBooks. onewith provides resources and content for entertainment purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond onewith’s control.
- Please note that the information provided on the onewith website and eBooks is not intended to replace professional advice or consultation. You should always consult with a qualified professional in the field or area relevant to your particular circumstances, before taking any action or making any decision.
- onewith makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- In no event will onewith be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website or the content available on the website.
- Please note that the information on the onewith website may be subject to change without notice. onewith makes no warranty or representation that the information on the website is up-to-date, accurate, or complete.
- Furthermore, onewith makes no warranty or representation that the website will meet your requirements, or that your access to the website will be uninterrupted, timely, secure, or error-free.
- Finally, onewith reserves the right to modify or update these terms and conditions at any time, and the changes will be effective immediately upon posting on the website. Please check the website periodically for updates to the terms and conditions.
- Please also note that the onewith website may contain links to third-party websites or resources. onewith is not responsible for the availability or accuracy of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources.
- All materials on onewith, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by onewith or by third parties that have licensed or otherwise provided their material to the website.
- You acknowledge and agree that all Materials on onewith are made available for limited, non-commercial, personal use only. Except as specifically provided herein, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without onewith prior express written permission. You may not add, delete, distort, or otherwise modify the material.
- Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize onewith or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please note that any unauthorized use of any materials from the onewith website may violate copyright laws, trademark laws, the laws of privacy and publicity, and other regulations and statutes.
- You may, however, download or print one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from onewith.
- Please note that any use of the materials for commercial purposes or for any other purpose not expressly permitted in these Terms of Service is a violation of onewith’s copyrights and other proprietary rights, and is strictly prohibited.
- Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
Finally, if you believe that your work has been copied in a way that constitutes copyright infringement, please contact onewith’s Copyright Agent at our email address.
onewith respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the "onewith" website infringe upon your copyright or other intellectual property right, Please send us your request through our contact information, with the following information:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
o A statement specifically identifying the location of the infringing material, with enough detail that onewith may find it on the "onewith" website. Please note: it is not sufficient to merely provide a top-level URL.
o Your name, address, telephone number and e-mail address.
o A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
o A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
o An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Please note that any misrepresentation of material fact in your written notification may result in legal liability for damages, including, but not limited to, costs and attorney's fees, incurred by onewith or any other party injured by your misrepresentation. If you are uncertain whether an activity constitutes infringement, please consult an attorney before filing a notice with onewith.
onewith will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. When a valid DMCA notification is received, onewith will respond under this process by taking down the offending content. We may also notify the user who posted the infringing material, and may take appropriate action against such user, including termination, if circumstances warrant.
- PROHIBITED ACTIVITIES
onewith takes its intellectual property rights seriously, and it expects its users to do the same. The content, information, and infrastructure available on the website are owned by or licensed to onewith by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website.
In addition to the above, the following activities are strictly prohibited:
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms. This includes, but is not limited to, scraping or copying product information, images, and pricing data for use on other websites or platforms.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure. This includes, but is not limited to, conducting large-scale data mining or automated scraping activities that consume excessive server resources.
Deep-link to any part of our website for any purpose without our express written permission. Deep-linking is the practice of linking to a specific page on a website rather than the website's homepage.
"Frame", "mirror" or otherwise incorporate any part of the Services into any other website or service without our prior written permission. This includes, but is not limited to, displaying onewith content within a frame or window of another website.
Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by onewith in connection with the website and the services. This includes, but is not limited to, attempting to extract source code or other proprietary information from the website or its software.
Evade, disable or otherwise interfere with security-related features of the Services or features which prevent or restrict the use or copying of any content. This includes, but is not limited to, attempting to bypass security measures or access content that is restricted or not intended for public viewing.
- Any violation of these prohibited activities may result in the termination of your account and/or legal action.
This clause of the agreement pertains to the usage of third-party websites and services in connection with the "onewith" website and services. The clause outlines the following:
- Through the use of the "onewith" website and services, you may encounter links to third-party websites or be able to interact with third-party sites.
- Such third parties may charge a fee for use of certain content or services provided on or by way of their websites.
- Therefore, it is advised that you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred.
- Where "onewith" provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only.
- Any interactions with third-party sites and apps are at your own risk.
- You expressly acknowledge and agree that onewith is in no way responsible or liable for any such third-party sites.
To enhance the functionality of onewith and to better serve our users, we have integrated several third-party services into our platform. These services include:
- TikTok Conversion Tracking: We use TikTok Conversion Tracking to track the performance of our TikTok ad campaigns and to measure the effectiveness of our advertising efforts on TikTok.
- Shopify: We use Shopify to power our online store and to process payments for our products.
- Sentry: We use Sentry to monitor errors and to help us identify and fix issues with our website and platform.
- PayPal and Google Pay: We offer PayPal and Google Pay as payment options for our customers to make online purchases.
- Cloudflare: We use Cloudflare to protect our website and platform against security threats and to improve website performance.
- Postscript: We use Postscript to send SMS messages to our customers and to keep them informed about new products and promotions.
- Pinterest Ads: We use Pinterest Ads to promote our products and to reach new customers on Pinterest.
- Klaviyo: We use Klaviyo to manage our email marketing campaigns and to communicate with our customers via email.
- Google Tag Manager and Google Fonts: We use Google Tag Manager to manage our tracking and analytics tags on our website and Google Fonts to improve the visual design of our website.
- Facebook Ads Conversion Tracking (Facebook Pixel): We use Facebook Ads Conversion Tracking to track the performance of our Facebook ad campaigns and to measure the effectiveness of our advertising efforts on Facebook.
- TikTok Remarketing: We use TikTok Remarketing to show ads to users who have interacted with our website or products on TikTok.
- Meta Events Manager: We use Meta Events Manager to track user behavior and to collect data on how users interact with our website and platform.
- Awin: We use Awin to promote our products and to reach new customers through affiliate marketing.
- Google Analytics Advertising Reporting Features: We use Google Analytics Advertising Reporting Features to better understand our users and to optimize our advertising campaigns.
Additionally, we also use the following third-party services to enhance the functionality and performance of our platform:
- Amplitude Analytics: We use Amplitude Analytics to track user behavior and to collect data on how users interact with our website and platform.
- Viralize: We use Viralize to promote our products and to reach new customers through native advertising.
- AdInMo: We use AdInMo to display in-game ads to users who play games on our platform.
- Amazon Appstore and Amazon Omakase: We use Amazon Appstore and Amazon Omakase to promote our mobile app and to reach new users on Amazon devices.
- Amazon Glacier: We use Amazon Glacier to store and manage our data backups.
- Visual Website Optimizer: We use Visual Website Optimizer to run A/B tests on our website and to optimize website performance.
- Windows Live Connect: We use Windows Live Connect to allow users to log in to our platform using their Microsoft accounts.
- Wagawin: We use Wagawin to promote our products and to reach new customers through affiliate marketing.
- Amazon Mobile Ads: We use Amazon Mobile Ads to promote our products and to reach new customers on mobile devices.
- Amazon Web Services (AWS) and Amazon Simple Email Service (SES): We use AWS and SES to host and manage our website and to send transactional emails to our customers.
- Contact form: We use a contact form to allow users to get in touch with us and to provide feedback about our website and platform.
We are committed to protecting the privacy and security of our users' data, and we work with these third-party services only to the extent necessary to provide our services and to improve our platform.
In essence, this clause puts the responsibility of investigating the terms and conditions of third-party websites and services on the user. The user is advised to make an informed decision before proceeding with any transaction with third parties. The clause also absolves onewith of any liability or responsibility that may arise from the usage of third-party sites and apps.
Users of the onewith website agree to defend, indemnify and hold harmless onewith, its directors, employees, and agents from any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses, including reasonable legal and accounting fees, brought by third parties as a result of:
User's breach of this Agreement or the documents referenced herein.
User's violation of any law or the rights of a third party.
User's purchase of any product.
This clause requires the user to indemnify and defend onewith against any legal action or claim that arises from the user's use of the website or purchase of any product. It covers situations where the user has breached any provision of the agreement or caused harm to a third party, and it includes all associated legal costs incurred by onewith.
- The user also agrees to cooperate with onewith in the defense of any such claim, and onewith reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the user.
In summary, this clause provides onewith with protection against any legal action or claim that may arise from the user's actions on the website, and requires the user to bear the financial responsibility associated with any such action or claim.
"onewith" does not assume any responsibility for any issues that may occur with electronic communications. This includes any failed, partial, or garbled computer transmissions that may arise from malfunctions or failures in computer, telephone, cable, network, electronic or internet hardware or software.
Additionally, "onewith" is not liable for any issues caused by the acts or omissions of any service provider, or for any issues related to internet accessibility or availability, including traffic congestion or unauthorized human act.
Any errors or mistakes in electronic communications are also not the responsibility of "onewith".
We reserve the right to make changes to the website and these Terms at any time, without prior notice to you. As a user, it is your responsibility to stay informed about any updates to these Terms. If you continue to use the website after changes have been made to these Terms, it will be assumed that you accept the updated version and that it supersedes any previous versions.
Unless otherwise specified, any changes to these Terms will apply to all users and will take effect immediately upon being posted on the website.
Additionally, we reserve the right to terminate this agreement with you under these Terms at any time, with or without warning, by notifying you in writing (including via email).
In the event of any dispute, claim, or controversy arising out of or related to these Terms or your use of the website, you agree to settle the matter through binding arbitration with onewith, with the exception that either party may bring an individual action in court if they choose to do so. This includes disputes related to the interpretation, validity, termination, or breach of these Terms.
- The arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association. The arbitrator's decision will be final and binding on both parties, and any award may be enforced by any court of competent jurisdiction. By using the website, you agree to waive your right to participate in a class action lawsuit or class-wide arbitration.
These Terms are governed by the laws of the United States of America. If any part of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Our performance of these Terms is subject to existing laws and legal processes, and we reserve the right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or the information provided to us through your use of the website.
In the event that the use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this paragraph, you are prohibited from accessing our website from such jurisdictions.
Furthermore, our failure or delay in enforcing any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future. Any rights not expressly granted in these Terms are reserved by us.
If you have any questions, comments, or concerns regarding the Program or this Agreement, please do not hesitate to contact us by sending an email to email@example.com.
- SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
By participating in the Program, you consent to receive marketing and promotional messages from us via SMS/MMS text messages sent to the mobile phone number that you provided when opting in to the Program. Standard messaging rates and data fees may apply. You may opt-out of the Program at any time by texting "STOP" in response to any message received from us.
In the event of a dispute between you and us, you agree to resolve such dispute through binding, individual-only arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such arbitration shall be conducted in the State of Florida and shall be subject to the exclusive jurisdiction of the Federal Arbitration Act.
Opting into the Program constitutes your express consent to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. You acknowledge that you are not required to provide this consent to make any purchase from Us, and that you may opt out of receiving messages at any time.
You understand that by opting into the Program, you are agreeing to receive marketing and promotional messages from Us via SMS/MMS text messages. You agree that the messages may include offers, promotions, and other marketing materials, and that message and data rates may apply. Message frequency varies.
While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
You represent and warrant that you are the authorized user of the mobile phone number that you provided when opting into the Program, and that you are at least 18 years of age. You acknowledge and agree that you are responsible for all charges and fees associated with your mobile device, including without limitation, any data or text messaging fees.
You understand and agree that the Program is offered on an "as-is" and "as-available" basis, and that We may modify or terminate the Program at any time without prior notice to you. We may also modify this Agreement at any time by posting the revised Agreement on our website or otherwise providing notice to you.
By participating in the Program, you agree to indemnify, defend, and hold harmless Us, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your participation in the Program or any breach of this Agreement.
Any disputes arising out of or related to this Agreement or the Program shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
- You agree that any dispute arising out of or related to this Agreement or the Program shall be resolved exclusively through binding arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the State of Florida, and shall be subject to the exclusive jurisdiction of the Federal Arbitration Act.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out.
You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that onewith and its service providers will have no liability for failing to honor such requests.
Any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- You understand and agree that even if you opt-out of the Program, you may still receive messages from Us for a short period of time while We process your request. You also acknowledge and agree that opting out of the Program may not automatically unsubscribe you from all other marketing and promotional communications from Us, and that you may need to separately opt-out of other programs or communications in accordance with their respective opt-out procedures.
Users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of various goods and services offered by Us, including Swim suits. The messages may include promotional offers, coupons, discounts, and other marketing materials related to our products and services.
Without limiting the scope of the Program, messages outside of the above-mentioned scope may not be allowed under the Telephone Consumer Protection Act ("TCPA"). Therefore, we will only send messages that fall within the scope of the Program as described in this Agreement.
By opting into the Program, you consent to receive messages related to the above-mentioned scope via SMS/MMS text messages sent to the mobile phone number that you provided when opting into the Program. Standard messaging rates and data fees may apply. You may opt-out of the Program at any time by texting "STOP" in response to any message received from us.
- You understand and agree that while we will use reasonable efforts to ensure that the messages we send are accurate, complete, and timely, we cannot guarantee that the messages will be error-free or that all messages will be delivered to you. We will not be liable for any errors, omissions, or delays in the delivery of messages, or for any actions taken in reliance on the information contained in the messages.
You acknowledge and agree that message and data rates may apply to your participation in the Program. You are solely responsible for all costs and expenses associated with your mobile device, including without limitation, any data or text messaging fees.
You understand and agree that you will receive messages periodically at Our discretion. The frequency of messages will vary depending on Our promotional activities, and may include daily, weekly, and monthly message frequency.
The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. For example, if you initiate a request for information or customer support, We may send you additional mobile messages to assist you with your request.
- You may opt-out of the Program at any time by texting "STOP" in response to any message received from us. However, please note that even if you opt-out of the Program, you may still receive messages from Us for a short period of time while We process your request.
For support regarding the Program, you may text "HELP" to the number you received messages from or email us at firstname.lastname@example.org. We will make reasonable efforts to respond promptly to all support requests, but we do not guarantee that all requests will be resolved or that all messages will be delivered.
Please note that the use of the email address provided above is not an acceptable method of opting out of the Program. If you wish to opt-out of the Program, you must submit your opt-out request in accordance with the procedures set forth in the "User Opt Out" section of this Agreement.
- You represent and warrant that any support request you submit to us is accurate, complete, and truthful, and that you will not submit any false, misleading, or fraudulent information in connection with the Program.
The Program may send SMS TMs (terminating messages) if your mobile device does not support MMS (multimedia messaging service) messaging. These SMS TMs may contain a text-only version of the message, and may not include any images, videos, or other multimedia content that would normally be included in an MMS message.
- You acknowledge and agree that the content and format of the messages sent to you may vary depending on the capabilities of your mobile device, and that We cannot guarantee that all messages will be delivered or that all messages will be delivered in the same format or with the same content.
You acknowledge and agree that the Program is offered on an "as-is" basis, and that We make no representations or warranties of any kind, express or implied, with respect to the Program, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You understand and agree that the Program may not be available in all areas at all times, and that the Program may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.
You acknowledge and agree that delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages, and We will not be liable for any errors, omissions, or delays in the delivery of messages, or for any actions taken in reliance on the information contained in the messages.
- You represent and warrant that you have read and understood this disclaimer of warranty, and that you accept the terms and conditions of this Agreement on the basis of this disclaimer.
To participate in the Program, you must have a wireless device of your own that is capable of two-way messaging and be using a participating wireless carrier. You must also be a wireless service subscriber with text messaging service.
Please note that not all cellular phone providers carry the necessary service to participate in the Program. You should check with your wireless carrier to determine if your mobile device is capable of receiving SMS/MMS messages and to ensure that you have the necessary text messaging service to participate in the Program.
- You represent and warrant that you have read and understood the participant requirements of the Program, and that you meet all of the requirements set forth in this Agreement. You acknowledge and agree that We will not be liable for any delays, failures, or errors in the delivery of messages that are caused by your failure to meet these participant requirements.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction.
You further acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform. If you are accessing or using the Platform on behalf of any entity or organization, you represent and warrant that you are authorized to accept these terms and conditions on behalf of such entity or organization.
- You understand and agree that We may use various methods, including but not limited to, requiring a valid form of identification, to verify your compliance with these age restrictions. If you are found to be in violation of these age restrictions, We reserve the right to terminate your participation in the Program immediately without notice or liability.
You acknowledge and agree that sending any content that is fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity is strictly prohibited.
You understand and agree that sending objectionable content, including but not limited to, profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination
based on race, sex, religion, nationality, disability, sexual orientation, or age is strictly prohibited.
You agree not to send any pirated computer programs, viruses, worms, Trojan horses, or other harmful code over the Platform.
You acknowledge and agree that sending any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received is strictly prohibited.
You understand and agree that sending any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC") is strictly prohibited.
You agree not to send any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
You acknowledge and agree that any violation of this Agreement may result in immediate termination of your access to the Platform. Additionally, you agree to indemnify, defend, and hold harmless Us, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of this Agreement. Any disputes arising out of or related to this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
- You agree that any dispute arising out of or related to this Agreement shall be resolved exclusively through binding arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the State of Florida, and shall be subject to the exclusive jurisdiction of the Federal Arbitration Act.
- In the event that a dispute, claim, or controversy arises between you and Us, or between you and onewith 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 Darien, Connecticut 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. The arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which one'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.
- By participating in the Program, you acknowledge and agree to the terms of this dispute resolution section
- In accordance with the Florida Telemarketing Act and the Florida Do Not Call Act, we make every effort to comply with applicable provisions with regard to residents of Florida. To ensure compliance, you acknowledge and agree that we may assume that you are a resident of Florida if, at the time you opt into the Program, either (1) the shipping address you provide is located in Florida or (2) the area code of the phone number you use to opt in is a Florida area code.
- If you do not meet either of these criteria, or if you do not advise us in writing that you are a Florida resident by sending written notice to us, you will not be considered a Florida resident and the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act will not apply to you.
- If you are a Florida resident, you further agree that any mobile messages we send to you in direct response to mobile messages or requests from you, including but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications, shall not be considered 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.
- By agreeing to these terms and opting into the Program, you acknowledge that you have read and understood the terms of this agreement and agree to comply with them. You further acknowledge that you are responsible for any charges or fees associated with your mobile device, including but not limited to any data or text messaging fees. We reserve the right to modify or terminate the Program at any time without prior notice to you, and you agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses arising out of or related to your participation in the Program or any breach of this Agreement. Any disputes arising out of or related to this Agreement or the Program shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
onewith reserves the right, at its sole discretion, to modify, suspend, discontinue or terminate any program or initiative at any time, including but not limited to our affiliate, influencer, and loyalty programs ("Programs").
While we aim to provide a stable and continuous platform for these Programs, there may be circumstances beyond our control or strategic shifts that necessitate the ending of specific initiatives. In such cases, we will endeavor to notify all active participants in our Programs through the contact information provided to us at the time of their enrollment.
Notice will be provided in a reasonable timeframe prior to the discontinuation of the Program. However, the timing of this notification may vary depending on the circumstances leading to the discontinuation decision.
By participating in any of our Programs, you acknowledge and agree that onewith shall not be liable to you or to any third party for any modification, suspension, discontinuation or termination of any Program.
Upon receiving notice of discontinuation, it is the responsibility of the participant to ensure any outstanding rewards, commissions, or benefits associated with the Program are redeemed, subject to separate terms and conditions governing each Program.
Your continued participation in our Programs following any changes signifies your acceptance of these changes. If you do not agree to such changes, your sole remedy is to cease participation in the Program.
Please note that these terms may be revised periodically, and it is the participant's responsibility to review this section frequently to stay informed about onewith's rights regarding Program discontinuation.
- 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. You acknowledge and agree that any breach of this representation and warranty may result in immediate termination of your participation in the Program, without any obligation or liability to you.
- 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. Any waiver of a breach of this Agreement must be in writing and shall not be construed as a waiver of any subsequent breach.
- 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. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
- 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 via email, SMS/MMS message, or by posting the revised Agreement on our website. 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.
- This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. Any disputes arising out of or related to this Agreement or the Program shall be resolved exclusively through binding arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the State of Florida, and shall be subject to the exclusive jurisdiction of the Federal Arbitration Act.
If you have any questions, comments, or concerns regarding the Program or this Agreement, please do not hesitate to contact us by sending an email to email@example.com.
- We will do our best to respond to your inquiry as promptly as possible. Please note that communication by email or postal mail may not be secure, and you should avoid sending sensitive or confidential information through these channels.