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Terms of Service


The Moonstone Swim at www.moonstoneswim.com (the "Site") is a copyrighted work belonging to Moonstone Swim. Moonstone Swim grants you the right to use the Site for the limited purpose of placing orders for product. Orders placed on the site or by phone, as well as any other information that you provide either on the Site or via another method, are subject to the "Terms of Service" as listed, below.  By placing an order and agreeing to the Terms of Service at checkout, you agree to the following:

License

Subject to these Terms of Service, Moonstone Swim grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") for personal use. You are not granted any right to use Moonstone Swim trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Moonstone Swim.

Modification

Moonstone Swim reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Moonstone Swim will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Secured Areas

Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of this agreement.

Billing and Personal Information

Your billing information is being provided to Moonstone Swim in order to process and fulfill your orders.  In addition, any credit card information provided is stored in a PCI compliant, third party, database that Moonstone Swim does not have access to.  This information is retained in order to process your order.  Moonstone Swim is not liable for any breech of any third party data services.  If you prefer to not have your information stored, we can remove any third party information.  Please call us to do so.  

Mailings

By submitting your name, email address, and any other personal information to Moonstone Swim, you hereby grant Moonstone Swim, subject to the Moonstone Swim's Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Moonstone Swim products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.

Submissions

All remarks, suggestions, ideas, graphics, data, personal information, resumés, questions or other information communicated to Moonstone Swim through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Moonstone Swim. Unless otherwise specified in our Privacy Policy, Moonstone Swim will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Moonstone Swim services or operations. Without limitation, Moonstone Swim will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Moonstone Swim, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

Site Use Rules

Our Site may only be used for lawful purposes. Moonstone Swim specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:

1. Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
2. Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
3. Deleting or revising any material posted by any other person or entity;
4. If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
5. Harming minors in any way;
6. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
7. Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.

We do not knowingly collect identifiable information from anyone under thirteen years of age.

Registration and Passwords

If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.

Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.

Accuracy of Content and Pricing Information

Because prices, product descriptions and availability can change quickly, Moonstone Swim does not warrant the accuracy or completeness of the information provided on the Site. Also, Moonstone Swim may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Moonstone Swim or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Moonstone Swim and receive a refund of your purchase price.

Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items on our website may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Moonstone Swim will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.

For shipping, cancellation, and other ordering questions, please refer to our online customer service page.

Limited Quantities

Some products, including those identified as Hot Buys, Closeouts, Specials and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.

Disclaimer of Warranties

THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MOONSTONE SWIM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

Limitation of Liability

IN NO EVENT SHALL MOONSTONE SWIM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MOONSTONE SWIM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. MOONSTONE SWIM TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright

The Site and the Materials are copyrighted works of Moonstone Swim and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Moonstone Swim.

Trademarks

Moonstone Swim, www.moonstoneswim.com, is a trademarks and/or registered trademarks of Moonstone Swim LLC. All other product names mentioned herein are the trademarks of Their respective owners.

THESE ONLINE PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THIS PUBLICATION MAY INCLUDE TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE CONSTANTLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION. MOONSTONE SWIM AND MOONSTONESWIM.COM, MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) DESCRIBED ON THESE WEBSITES AT ANY TIME.

For further information on Intellectual Property matters contact info@moonstoneswim.com.  For questions or technical problems regarding this service, please contact the webmaster.

Amendment

Moonstone Swim may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Service by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Notice

If you have any questions about these Terms of Service or our Privacy Policy, you may contact Moonstone Swim at:

Moonstone Swim
4225-H Oceanside Blvd #357
Oceanside, 92056

General

If any provision of these Terms of Service is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Service shall be commenced exclusively in state or federal court in San Diego County, California and you irrevocably submit to the exclusive jurisdiction and venue of such courts.