Use of our website

References to “we”, “us” and/or “our” throughout the www.jlinswim.com website are to J.LIN SWIM LLC. The use of the website and the purchase of any products from the website is governed by these terms and conditions. While we endeavor to keep the website up to date, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and any reliance on the material on this website is at your own risk. We reserve the right to modify these terms and conditions without notice to you. Access to the website may be suspended, restricted or terminated at any time without notice. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.

Use of Material on the Site

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by J.LIN SWIM LLC, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to J.LIN SWIM, is expressly prohibited. J.LIN SWIM reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. JLINSWIM, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in JLINSWIM’s sole discretion. J.LIN SWIM neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with J.LIN SWIM.

You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. J.LIN SWIM reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which J.LIN SWIM may be entitled, at law or in equity.

Material You Submit

All personal information provided via this website will be handled in accordance with the website’s online Privacy Notice.

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant J.LIN SWIM and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You grant J.LIN SWIM and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify J.LIN SWIM for all claims resulting from content you supply.

Promotional Codes

Promotional codes are for transactions on www.jlinswim.com only and cannot be used in conjunction with any other offer or discount. The sum or percentage discount will be reduced from the order total excluding shipping costs. J.LIN SWIM reserves the right in its sole discretion to exclude any person from using any promotional code and our decision will be final and binding. These rules are governed by the laws of the State of New York. The promoter is J.LIN SWIM. If you have any issues, questions or need assistance, please write to hello@jlinswim.com with the subject ‘Promotional Codes’.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of J.LIN SWIM LLC, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. J.LIN SWIM reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Disclaimers

Your use of this website is at your sole risk. The website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. J.LIN SWIM expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. if you download any materials from this site, you do so at your own discretion and risk. you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from J.LIN SWIM or through or from the site shall create any warranty of any kind. J.LIN SWIM does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise in certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the website. You acknowledge and agree that any information you send or receive during your use of the website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither J.LIN SWIM nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the website, or any other site you access through a link from this website or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the website, or for any information, products or services advertised in or obtained through the site, J.LIN SWIM’s removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if J.LIN SWIM, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither J.LIN SWIM nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with J.LIN SWIM is to discontinue your use of the website. You and J.LIM SWIM agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

Jurisdiction and Applicable Law

The laws of the State of New York in the United States of America govern these Terms of Use and your use of the website, and you irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This website has been designed to comply with the laws of the State of New York and if your use of the website is contrary to the laws of the place where you are when you access it, then the website is not intended for you, and we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use or other policies means you accept the changes.In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this Web site and the revised Terms of Use will take effect thirty days after their publication on this site.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this website constitute the entire agreement and understanding between you and J.LIN SWIM with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.