Use Of Klassy Swim
By using KlassySwim.com and the Klassy Swim mobile application you represent and warrant that you are more than 18 years of age or are visiting Klassy Swim with the permission and supervision of a parent or guardian.
Subject to these Terms and Conditions, Klassy Swim hereby grants you a limited, revocable, non-exclusive license to access and use the KlassySwim.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the KlassySwim.com website unless expressly permitted by Klassy Swim. Klassy Swim reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to Klassy Swim.
User Reviews, Photos & Comments
Anything posted or otherwise submitted to Klassy Swim, whether on the KlassySwim.com website, through a mobile application, blog or via any form of social media, will be treated as public and non-proporietary. By submitting photographs, comments or other materials to Klassy Swim, you grant Klassy Swim a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Klassy Swim's sole and exclusive property. In addition, when you post photographs, reviews or comments to KlassySwim.com or on any of Klassy Swim's social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to Klassy Swim.
Intellectual Property Ownership and Use
Please be aware that as you visit and navigate this website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
You may not use any of the Klassy Swim trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Klassy Swim name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Klassy Swim products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned by Klassy Swim and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.
Klassy Swim’s policy is to remove, or disable access to, material that infringes any copyright on the Website after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Website violates your copyright, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on or through our Website;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Klassy Swim’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.
Klassy Swim Legal Department
312 South Beverly Drive, Suite 6493
Beverly Hills, California, 90212
Except for information necessary to place an order, we do not want you to send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
Errors & Inaccuracies
Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Sales & Specials
Unless otherwise noted, sales, specials and promotions cannot be combined with discount coupon codes. If a coupon code is used during a sale, Klassy Swim may cancel the sale and refund the amount paid on the order. Referral bonuses are not valid during sales, specials and promotions and referrals created from an order that utilized a sale, special or promotion may or may not be paid to the beneficiary, at Klassy Swim discretion.
Disclaimer of Website Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided “as is,” with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
All Products Sold "AS-IS" or "With All Faults"
KLASSY SWIM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY KLASSY SWIM ARE NOT MANUFACTURED BY KLASSY SWIM. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). KLASSY SWIM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. KLASSY SWIM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. KLASSY SWIM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS SOLD THROUGH KLASSYSWIM.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR KLASSY SWIM, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Limitation of Liability
IN ALL CIRCUMSTANCES KLASSY SWIM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. KLASSY SWIM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. KLASSY SWIM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT KLASSY SWIM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
By visiting our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.