Terms of service
Terms of Service
Welcome to onewith!
Welcome to the onewith website, owned and operated by ELEVEN18 LLC (d/b/a onewith) (“onewith,” “we,” “us” or “our”). These Terms of Service (“Terms”) govern your use of the website located at https://onewithswim.com (the “Website”) and all related products, services, web applications, and any other technology platforms or tools located any onewith websites, including without limitation, successor website(s) or applications(s) thereto (collectively, the “Services”). The terms “you,” “your” or “user” refers to you, the user. If you are using the Services on behalf of a business, association, or other entity, “you” or “your” will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association, or other entity, and we can rely on this.
Important Notices
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ONEWITH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (b) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (c) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
These Terms Set Forth a Legally Binding Agreement
Please read these Terms very carefully before accessing or using our Services. By using / continuing to use our Services, you acknowledge you have read and understand and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and / or available by hyperlink. Please print a copy of this agreement for your records. If you do not agree to all the terms and conditions of these Terms, then you may not access or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Eligibility to Use the Services
Website access and products are available for all ages. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their children or minors in their custody. To use the Services you must be, and represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed these with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Services.
You represent and warrant that you (a) have the necessary right, power and authority to enter into these Terms and to fully perform all of your obligations hereunder, (b) are under no legal disability or contractual restriction that prevents you from entering into these Terms, and (c) nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, store and disclose your personal information. By submitting personal information through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.
1. The Services
The Services provide you with (a) access to content, information and services related to onewith’s swimwear products and (b) the ability to purchase onewith’s swimwear products. Images of products on the Services are examples only and may not be identical to the product you receive. Differences may be due to your device’s display of colors or other factors such as the natural variation in each product. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, in our sole discretion. All onewith products are subject to availability. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service is void where prohibited.
2. Warranty and Liability Disclaimers
YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT ONEWITH USES ADHESIVES AND NONSLIP MATERIALS IN THE MANUFACTURING OF ITS PRODUCTS. ONEWITH DISCLAIMS ALL LIABILITY FOR ANY SKIN IRRITATION OR ALLERGIC REACTIONS CAUSED BY THESE ADHESIVES AND MATERIALS, REGARDLESS OF WHETHER A LATEX / ADHESIVE ALLERGY OR AVERSION IS KNOWN TO YOU AT THE TIME OF PURCHASE. FURTHER, YOU ACKNOWLEDGE THAT ONEWITH DOES NOT GUARANTEE THAT THE INNER GRIP STRIP INSIDE OUR PRODUCTS DOES NOT CONTAIN TRACE AMOUNTS OF LATEX. CONSEQUENTLY, IF YOU HAVE A SENSITIVITY OR ALLERGY TO LATEX OR ADHESIVES, IT IS STRONGLY RECOMMENDED THAT YOU EXERCISE CAUTION AND APPLY THE SAME SENSIBILITIES AS YOU WOULD WHEN DETERMINING WHETHER TO USE OR WEAR ANY PRODUCT THAT MAY CONTAIN LATEX OR OTHER ADHESIVES. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY LATEX / ADHESIVE ALLERGIES YOU OR OTHERS MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING OR USING SUCH PRODUCTS. YOU ASSUME ALL RISKS ASSOCIATED WITH THE HANDLING AND USE OF ONEWITH'S PRODUCTS.
YOU EXPRESSLY AGREE THAT THE USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONEWITH AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONEWITH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH OUR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (a) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (b) ANY ERRORS IN THE SERVICES WILL BE CORRECTED, (c) THE QUALITY OF THE SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, (d) THE SERVICES WILL BE FREE OF ANY WORMS OR VIRUSES OR ANY CODE OF A MALICIOUS AND/ OR DESTRUCTIVE NATURE, OR (e) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU (AND NOT ONEWITH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
ONEWITH AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, PRODUCTS OR CONSUMPTION OF ANY CONTENT; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES; OR (vii) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS.
3. Intellectual Property Ownership; Third-Party Websites
A. Intellectual Property Ownership. All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation) (collectively, the “Content”), is owned by onewith, our content providers, or our licensors (as applicable), and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the Services does not grant you any license or right to use any copyrighted materials or any trademark, logo, or service mark displayed on the Services. Onewith, our content providers, or our licensors (as applicable) retain full and complete title to and reserve all rights in the material on the Services, including all associated intellectual property rights. Onewith neither warrants nor represents that your use of materials on the Services will not infringe rights of third parties.
You may access the Services only for your permitted use under these Terms, and you may not modify or delete any copyright, trademark, or other proprietary notice relating to any material you access. You agree not to display or use in any manner the onewith marks without onewith's advance written permission.
All software used on the Services is the property of onewith or our licensors and protected by United States and international copyright laws, and subject to separate license terms, in which case those license terms will govern such software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services is provided, without express written permission by us.
All rights not expressly granted herein are reserved by onewith, our affiliates, and licensors. You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time.
B. Feedback. By sending us any feedback, comments, questions, ideas, proposals, or suggestions concerning onewith or any of our Services (including, without limitation, our products) whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (1) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (2) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (3) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under all intellectual property rights, to use, make, have made, incorporate into our Services, modify, copy, display, perform, distribute, prepare derivative works, publish, distribute, and sublicense the Feedback, without any credit or compensation to you. This Feedback section shall survive any termination of your account or any aspect of the Services.
C. Third-Party Websites. Certain content, products, and services available via the Services may include materials from third-parties or provide you with access to third-party tools, products, and resources over which we neither monitor nor have any control nor input. Further, third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third parties. The views expressed in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views.
You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such items are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You may not use third-party content without that third-party’s permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.
D. Errors, Inaccuracies and Omissions. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Services’ descriptions, content, pricing, promotions, and / or offers. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Services or on any related website is inaccurate at any time (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
E. Statistical Information. We may derive and compile, either manually or automatically, anonymized and aggregated data related to the performance, operation, and use of the Services (“Statistical Information”) including by you, and use such Statistical Information for our business purposes, including for operations management, for research and development, and for sharing with relevant parties. We own the rights in and to such Statistical Information.
4. Account; Account Security
A. Agreement to Provide Accurate Registration Information. If you wish to participate in certain aspects of the Services, you may need to register for an account on the Website (“Account”). By creating an Account, you agree to (i) provide accurate, current, and complete registration information about yourself, (ii) maintain and promptly update as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your Account.
B. User Submission of Personal Information. When creating an Account and using the Services, you will be asked to provide certain personal information. By submitting personal information through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.
You grant onewith and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. Onewith cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Services.
C. Account Security. You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity resulting from your Account. You agree that we rely on the user ID (e.g., email address) and password protection format to confirm whether users accessing and using our Services are authorized to do so. You are responsible for maintaining the confidentiality of your password and Account information, and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to (i) control the dissemination and use of your user ID and password, and (ii) authorize, monitor, and control access to and use of your Account and password. You agree to immediately notify onewith if you suspect or become aware of any unauthorized use of your password or Account or any other breach of security. It is your sole responsibility to 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. We strongly recommend having a complex password, which should be kept secure at all times. You are also encouraged to change your password regularly.
If you wish to either change your user ID to log-in to your Account, or cancel and remove your Account, please send us an e-mail of your request to info@onewithswim.com or utilize the relevant functionality located on the Website. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
D. Consent to Receive Electronic Communications. By creating an Account or otherwise providing onewith with your email address and phone number, you consent to receive electronic communications (e.g., via your email address) from onewith, including to send you notices about the service and products and/or as required by law. These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. 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 we think will be of interest to you. 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 mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
E. Onewith May Suspend Accounts. Onewith reserves the right to terminate, suspend, or restrict your Account or your access to the Services immediately, with or without notice to you, if (i) onewith discovers you have created multiple Accounts for the same user, (ii) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes, (iii) onewith discovers that a purchase or order is intended for resale, or (iv) in onewith’s reasonable judgment, your use of the Services imminently threatens the security, stability, integrity or availability of the Services, or otherwise harms onewith, other customers or third parties.
Under no circumstances shall onewith or other persons be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of good will, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s) or the Services.
F. Use Restrictions. You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third-party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country; (ii) impersonate another person (via the use of an email address or otherwise); (iii) upload, post, transmit, or otherwise make available through the Services any content that infringes the intellectual or proprietary rights of any party; (iv) operate to defraud onewith, other users, or any other person; (v) provide false, inaccurate, or misleading information; (vi) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (vii) engage in, promote, or encourage illegal activity (including, without limitation, tax evasion or money laundering); (viii) harvest or otherwise collect information from the Services about others, including without limitation email addresses, without proper consent; (ix) exploit the Services for any unauthorized commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Services; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or any part of it; (xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about its users for any unauthorized purpose; (xiii) create user accounts by automated means, or under false or fraudulent pretenses; (xiv) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or Services; (xv) license, sublicense, transfer, sell, resell, rent, lease, distribute, time share, assign, share or otherwise commercially exploit or make the Services available to any third-party; (xvi) use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (xvii) use the Services to send or store viruses, worms, time bombs, trojan horses or other harmful or malicious code, files, scripts, agents or programs; (xviii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (xix) attempt to gain unauthorized access to the Services or related systems or networks; or (xx) access the Services for purposes of monitoring its availability, performance or functionality or for any other benchmarking or competitive purposes.
5. Pricing and Ordering
A. Pricing. Onewith reserves the exclusive right to determine the price for the products it sells via the Services. The fees for the product and its different variants will be available on each product page. Product fees and shipping costs (collectively, the “Fees”) are subject to change at any time according to the value of exchange rates and other relevant factors. Accordingly, we encourage you to check our Website periodically for current pricing information.
Onewith will make reasonable efforts aimed at making sure that the prices on the Website are accurate and up to date. However, some errors in price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, you will be informed of such error, and the option to reconfirm the order will be given to you at the correct price. Alternatively, you also have the option to cancel the order before shipment should you not be satisfied with the corrected price communicated on the applicable product order.
B. Ordering. When you place an order to onewith, you agree to buy the products for the price advertised and indicated on the Website at the time of purchase. Please check to ensure the correct sizes, variants (e.g., colors, styles, etc.), and features of the products before placing an order. When you place an order, onewith will send you an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that you have the confirmation of your purchase and the details of the order; our acceptance of your order takes place when the products are shipped to you.
C. Shipping Policy. Onewith will handle all processing and shipping in accordance with onewith’s Shipping Policy.
D. We Reserve the Right to Refuse any Order you Place through the Services. All products are subject to availability and onewith’s discretion in managing inventory. Onewith may reject or cancel any order and not supply products for any reason and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled by onewith, in whole or in part, any payments made for the cancelled products will be refunded in full. All new orders are considered separately and each is treated individually.
E. Promotional Offers and Credits. Onewith, at its sole discretion, may make promotional offers with different rates to certain users of the Services. These promotional offers are subject to these Terms, and such offers may be valid only for certain users as indicated in the written offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by onewith in writing; (iii) are subject to any additional specific terms that onewith establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. Onewith reserves the right to modify or cancel an offer at any time. Onewith reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event onewith determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of these Terms. Any credit issued by onewith is valid for any period of time that onewith sets, to the extent prohibited under applicable law, and may not be redeemed for cash or cash equivalent. Expired credits are no longer redeemable and cannot be used towards any purchase or for any other purpose.
6. Payment
A. Payment. Fees due will be debited from your credit/debit card or PayPal (or similar service) account immediately on you placing the order for the product or products you have purchased. You must pay the Fees as stipulated on the order before the product is shipped and delivered to you. Failure to pay the Fees when due will result in removal or suspension of your access to the Services (including suspension or termination of the applicable order). Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. All Fees are due and payable to onewith immediately at the time of purchase.
B. Payment Processors. Onewith uses third-party providers to securely store your payment card information and process your payments (“Payment Processors”), including without limitation the following payment methods or platforms: Stripe; PayPal; Amazon Pay; and Shop Pay (formerly Shopify Pay). You expressly authorize us or our Payment Processors to charge you for each transaction. Our Payment Processors may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You will provide all Payment Information directly to our Payment Processors. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a transaction through the Services, you authorize our Payment Processors to complete your transaction, and to charge your payment method for the transaction (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). By initiating a transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All fees and applicable taxes, if any, are payable in United States dollars.
C. AfterPay. Users will be able to pay for products through installments facilitated by Afterpay US Services, LLC (“AfterPay”). If you select this payment method you will be redirected to the AfterPay checkout where you will have to select the installments and the payment method. You can learn more about AfterPay’s practices by going to https://www.afterpay.com/en-US.
D. Declined Transactions. If your card is declined, you will receive an error message, and no payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes two (2) to five (5) business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code. If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
E. Fee Disputes. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with onewith.
F. Canceling Payment and Chargebacks. You may only cancel a transaction pursuant the policies as communicated to you by us (including onewith’s Cancellation Policy) or by our Payment Processors. We may institute a chargeback policy as we deem appropriate, including in the event that you or your bank does not honor a payment obligation (e.g., a payment is disputed or reversed through a chargeback or similar process) or if our Payment Processors question our ability to collect funds from you. As part of such chargeback policy, we may in our sole discretion suspend, terminate, or otherwise limit your ability to use the Services or otherwise take any action we or our Payment Processors deem necessary. In such cases, we may also recover any related costs, including fees incurred by us, and take action to protect our business interests, including limiting your ability to place future orders.
To protect against fraud and unauthorized activity, we and our Payment Processors may use automated tools to detect suspicious behavior. We reserve the right to cancel, delay, or refuse any order that appears fraudulent or inconsistent with our security policies.
G. Refunds and Returns. Onewith will handle any and all refunds and returns in accordance with onewith’s Returns and Exchanges Policy.
7. Digital Millennium Copyright Act (“DMCA”)
Onewith respects the intellectual property rights of others, and expects users to do the same. It is our policy to respond promptly to any claim that Content infringes the copyright or other intellectual property rights of any person. Onewith will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action in accordance with the DMCA and these Terms. If you believe, in good faith, that your copyrighted work is infringed by Content, please provide a written DMCA notice to onewith at: info@onewithswim.com.
A. Filing a DMCA “Take Down” Notification. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a take-down notification (“Take-Down Notification”) pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail):
(i) Identification of the copyrighted claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that website. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
(ii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. **Please note: it is not sufficient to merely provide a top-level URL.**
(iii) Information reasonably sufficient to permit us to contact you (the complaining party), such as your name, address, telephone number and e-mail address.
(iv) A statement by you (the complaining party) that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement by you (the complaining party), 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.
(vi) 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.
Any person who knowingly materially misrepresents that content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
8. Indemnification
You agree to defend, indemnify and hold harmless onewith and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees and agents from and against any and all liabilities, claims, causes of action, demands, proceedings, investigations (whether formal or informal), judgments, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees), or threats thereof, due to, arising out of or relating to: (a) your breach of these Terms or the documents they incorporate by reference; (b) your violation of (i) any law or (ii) the rights of a third-party; or (c) your use of the Services (including any personal injury, death, or damage to real or tangible personal property arising from or connected with the products).
In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your account/on file (provided, that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Onewith reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with onewith in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Services, including the purchase or use of any benefits through the Services.
9. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONEWITH AND ITS AFFILIATES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE RESPONSIBLE FOR ANY LOSS INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICES, OR FOR ANY DAMAGES RELATED TO THE LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ONEWITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF ONEWITH AND ITS AFFILIATES, FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE ACCESS TO AND USE OF THE SERVICES, EXCEED THE GREATER OF (i) $100 OR (ii) TO THE TOTAL AMOUNT YOU PAID TO ONEWITH IN FEES FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.
Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in these Terms. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.
10. Communications
Onewith may communicate with you using email, phone calls, chatbots and text messages, including autodialed or prerecorded calls and text messages, at any email address or telephone number that you provide us, to: (a) notify you regarding your Account; (b) provide customer support; (c) troubleshoot problems with your Account; (d) resolve a dispute; (e) collect a debt; (f) poll your opinions through surveys or questionnaires; or (g) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
If you would like to receive mobile messaging and other messaging via mobile texts and alerts (the “Mobile Program”) you may signup to do so by affirmatively opting into the Mobile Program, such as through online or application-based enrollment forms. By participating in the Program, you provide your consent to receive recurring autodialed or prerecorded marketing texts or other mobile messages from or on behalf of us at the phone you’ve provided us. You understand that consent is not a condition of any purchase from Us. 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”). Message and data rates may apply. Message frequency varies.
If you do not wish to continue participating in the Mobile Program or would otherwise like to be removed from the onewith marketing text list, you must reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your Account or these Terms.
You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing opt out options are the only reasonable methods of opting out. 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. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, is not a reasonable means of opting out.
For support regarding the Mobile Program, text “HELP” to the number you received messages from or email us at info@onewithswim.com. Please note that the use of this email address is not an acceptable method of opting out of the Mobile Program. Opt outs must be submitted in accordance with the procedures set forth above. The Mobile Program will send short message service (“SMS”) terminating messages (“TMs”) if your mobile device does not support multimedia messaging service (“MMS”) messaging.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Onewith may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations or chatbot exchanges you have with onewith or its agents for quality control and training purposes, or for our own protection.
11. Dispute Resolution
A. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and onewith agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and onewith are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
B. Exceptions. As limited exceptions to Section 11.a. above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
C. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
D. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and each party shall bear its own costs and expenses of arbitration, including legal fees.
E. Injunctive and Declaratory Relief. Except as provided in Section 11.b. above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
F. Class Action Waiver. YOU AND ONEWITH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
12. Miscellaneous
A. Title Transfer and Risk of Loss. Title and risk of loss for products purchased from onewith pass to you upon our delivery to the carrier. Title to product(s) will not transfer to you until full payment has been received.
B. These Terms May Change. We reserve the right to update, change, modify, or replace any part of these Terms at any time, in our sole discretion, by posting updates and changes to the Website. We may elect to notify you of such changes by mail, email, posting of modified Terms, or some other similar manner. However, it is your responsibility to check the Website regularly for changes to these Terms. Your continued use of or access to the Website or Services following the posting of any changes to these Terms constitutes your acceptance of those changes.
C. User is Responsible for Equipment and Software to Connect to Services. You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
D. Termination. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using our Services.
We are free to terminate (or suspend access to) to your use of the Services (or any part thereof) or your Account, if (i) you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, or (ii) for any other reason in our sole discretion. We may also terminate these Terms at any time by notifying you in writing (including by email) or without any notice. Even after your right to use the Services is terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination and the Terms will remain enforceable against you.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, but without limitation, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
E. Integration Clause. These Terms and any policies (including without limitation the Privacy Policy) or operating rules published by onewith on the Website or in respect to the Services constitutes the entire and exclusive agreement and understanding between you and onewith related to the Services, and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
F. Governing Law and Jurisdiction. These Terms and all disputes arising out of or relating to the Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Connecticut in the United States, without regard to its conflict of laws principles. With respect to any dispute or claims between the parties not subject to arbitration, as set forth above, onewith and you submit to the personal and exclusive jurisdiction of the federal and state courts located in New Haven, Connecticut.
G. No Assignment of the Terms. You may not assign these Terms to any other party. We may assign these Terms or delegate any or all of our rights and responsibilities under these Terms to any third parties, without notice to you.
H. Severability. If any provision of these Terms is found to be invalid, illegal or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity, legality and enforceability of any other remaining provisions.
I. Waiver. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any single or partial exercise of a right or remedy by us shall not preclude further exercise or any right or remedy by us. No waiver by us shall be valid unless in writing signed by us.
J. Headings. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.
K. Contact Information. If you have questions or concerns about these Terms or the products, please contact us by emailing: info@onewithswim.com.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
We contract with OpenBorder, Inc. together with its subsidiaries (referred to as “OpenBorder”) to sell and deliver our products to international consumers.
If your order is shipping to Angola, Armenia, Australia, Austria, Bahrain, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Ghana, Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Lithuania, Luxembourg, Madagascar, Malawi, Malta, Mauritius, Mayotte, Mexico, Morocco, Mozambique, Netherlands, Nigeria, Oman, Pakistan, Philippines, Poland, Portugal, Qatar, Romania, Saudi Arabia, Slovakia, Slovenia, South Korea, Spain, Sri Lanka, Sweden, Thailand, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, Zambia, Zimbabwe where our international shipping is supported by OpenBorder, additional terms and conditions here may apply to you in addition to any relevant terms and conditions imposed in this Terms of Sale.