Terms & Conditions / Privacy Policy
Terms and Conditions
Private
Welcome to RACHELLYMSWIMWEAR.com! Please review the following basic rules governing your use of and purchase of products from this site (collectively, "Agreement"). Use Of This Site Constitutes Acceptance Of These Terms And Conditions RACHELLYMSWIMWEAR.com may make changes to the information contained in this Internet site, or to the services described and contained therein at any time and without notice. RACHELLYMSWIMWEAR.com may from time to time change the rules that govern your use of this Internet site. Your use of this Internet site following any such change constitutes your agreement to follow and be bound by the rules as changed. RACHELLYMSWIMWEAR.com may change, move or delete portions of, or may add to this site from time to time.
Use Restrictions
All trademarks, service marks and trade names on this site, including without limitation, "RACHELLYMSWIMWEAR" and "RACHELLYMSWIMWEAR" alone and in combination with the rectangular logo design are property of RACHEL LYM SWIMWEAR, Inc. "RACHEL LYM SWIMWEAR". No use of these may be made without the prior written authorization of RACHELLYMSWIMEAR.com, except to identify the products or services of RACHELLYMSWIMWEAR.com. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by RACHELLYMSWIMEAR.com or by other third parties. No license is granted with respect to these intellectual property rights. All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively,"Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled by RACHELLYMSWIMWEAR.com collectively, and its subsidiaries and/or affiliates ("GUESS.com"). This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by RACHELLYMSWIMWEAR.com and all other RACHELLYMSWIMWEAR.com trademarks appearing on this site are trademarks of RACHELLYMSWIMWEAR.com. The Contents of this Internet site, and this site as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
Communications And Submissions
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to RACHELLYMSWIMWEAR.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain RACHELLYMSWIMWEAR.com property. Such disclosure, submission or offer of any comments shall constitute an assignment to RACHELLYMSWIMWEAR.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. RACHELLYMSWIMWEAR.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. RACHELLYMSWIMWEAR.com shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that RACHELLYMSWIMWEAR.com may use information about you for marketing, product development and promotional purposes. RACHELLYMSWIMWEAR.com is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.
Products
RACHELLYMSWIMWEAR.com products are available in select stores. RACHELLYMSWIMWEAR.com cannot guarantee that the products displayed on this site will be available at every authorized retailer; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by RACHELLYMSWIMWEAR.com at any time without notice. Prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States.
Links
This site may provide links or references to other sites. However, RACHELLYMSWIMWEAR.com assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.
Disclaimer
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. RACHELLYMSWIMWEAR.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT GUESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation Of Liability
You agree to defend, indemnify and hold RACHELLYMSWIMWEAR.com harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, RACHELLYMSWIMWEAR.com shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
Miscellaneous
This site and the Contents therein are displayed solely for the purpose of promoting RACHELLYMSWIMWEAR.com products and services. This site is controlled and operated by RACHELLYMSWIMWEAR.com from its offices in Miami, FL. RACHELLYMSWIMWEAR.com reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. RACHELLYMSWIMWEAR.com makes no commitment to update this information. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Florida, or the Southern District of Florida.
Duration
This Agreement remains in effect unless and until terminated by either you or RACHELLYMSWIMWEAR.com. You may terminate this Agreement at any time. RACHELLYMSWIMWEAR.com may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in RACHELLYMSWIMWEAR.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or RACHELLYMSWIMWEAR.com, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Sales and Promotions
Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on previously purchased merchandise or purchases of gift cards. Sale and promotion start and end times are displayed in US Eastern time. RACHEL LYM SWIMWEAR, Inc. reserves the right to extend, modify or discontinue any offer at any time without notice.
PRIVACY POLICY
At RACHELLYMSWIMWEAR.com, we are committed to protecting your privacy. We firmly believe that electronic security and privacy are necessary for the continued success of the Internet. In support of this, we only use the personal information that you provide to create a more personalized and entertaining experience for you, in accordance with the terms outlined below.
Information We Gather
We use all information provided during registration and personalization to provide personalized content and services. Any account information you supply will be used only to process requested commerce transactions or to contact you regarding a specific transaction. RACHELLYMSWIMWEAR.com may also use this information in order to generate aggregate reports that help us determine how to improve our users' experience. This data is anonymous and does not contain any personally identifiable information. RACHELLYMSWIMWEAR.com will not disclose your user information to any outside organization without your consent. However, RACHELLYMSWIMWEAR.com may disclose user information to the government and/or third parties when we have reason to believe that disclosure of such information is necessary to identify or bring legal action against someone who may be violating our Terms and Conditions or otherwise causing harm to RACHELLYMSWIMWEAR.com or anyone who could be victimized by such activities, and where otherwise required by law or by legal process.
By providing your email, cell phone number and/or telephone number during registration or personalization, you agree to receive marketing (including email, cell phone text messaging, and/or voice messaging) information from Rachel Lym Swimwear, Inc. that informs you of new products, sales, promotions, contests, and features. Depending on the terms of your cell phone-calling plan, you may incur, at your sole expense, a charge for received text messages. We may also offer you special promotions from our site or our sponsors.
RACHELLYMSWIMWEAR.com also derives user information through some simple technical methods. We may use data-tracking software that lets us know what areas of the site you visit most often. This helps us present you with the information and features in which you are most interested.
We may use your IP (Internet protocol) address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information.
Our site uses cookies to keep track of your shopping cart. We use cookies to deliver content specific to your interests and to save your password so you don't have to re-enter it each time you visit our site.
Contact Us
If you have any questions about this privacy statement, the practices of this site, or your dealings with RACHELLYMSWIMWEAR.com, you can contact us at info@rachellymswimwear.com. For returns, please email all queries to returns@rachellymswimwear.com.
© 2010 Rachel Lym Swimwear, Inc. All Rights Reserved.
