Thanks for visiting Mr. Swim. This site is owned and operated by Mr. Apparel Group LLC, and is provided as a service to our customers.
These Terms Govern
These Terms and Conditions (“Terms”) are intended as a guide to help you use our site and to clarify our respective legal rights and responsibilities regarding its use. These Terms may be periodically amended in our sole discretion. By using any portion of this site you agree to be bound by these all of these Terms, including any changes and updates. If you do not agree to these Terms, please don’t not use this site. We ask that you visit this page periodically to see if there are any changes which may affect your use. We expressly reserve the right, in our discretion, without any prior notice or liability to you, to change the products and services described on this site and to terminate, change, suspend or discontinue any features of the site or the site itself or its availability. We also may impose rules and limits on your use of the site or restrict your access to any part or all of it without notice or penalty. We may change these rules and/or limitations at any time, in our sole discretion. We reserve the right to refuse service to or orders from anyone. As used on this site, the terms “We” or “Us” or “Our” will mean the site Owner, Mr. Swim and its Service Providers which collectively mean its and their respective parents, affiliates, licensors and suppliers and any of their respective directors, officers, employees, agents, or content or service providers, web-masters or website managers. “You” will mean any user of this website. To contact us with any questions or concerns in connection with these Terms or this site, or to provide any notice to us under these Terms, please refer to our Contact Us page.
Our Property Rights
Unless otherwise identified, this site and its applicable, design, trade dress and contents including, among other things, navigational buttons, images, icons, data, artwork, graphics, photography, text, music, software, and messages, are the property of Mr. Apparel Group LLC and Mr. Swim or that of our suppliers or licensors, whether registered or unregistered, and are protected by patent, trademark and/or copyright under United States and/or foreign laws. All worldwide rights, titles, and interests are expressly reserved. All copyright, trademark, patent and other proprietary rights in the products and services featured on this site, whether registered or unregistered, are expressly reserved to us, the manufacturers and their respective licensees and/or assignees, as the case may be. Violations of these proprietary rights will be pursued vigorously to the fullest extent of the law.
This site and its contents are intended solely for your personal, noncommercial use as a convenience to help you shop for our products. You may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute this site or anything from it, in whole or in part, for any public or commercial purpose without the specific prior written permission of Mr. Apparel Group LLC and Mr. Swim in each instance. You may download, copy, or forward any site materials via email or any other means for your personal, noncommercial use only but by permitting you to do this we do not intend to transfer to you any right, title, or interest in any of those materials and no such interest will be transferred. Except as expressly authorized, your use or misuse of any trademarks, trade names, logos, images, graphics or content from this site is strictly prohibited. This site may be used only for lawful purposes. You may not: • post on this site any information which is false, inaccurate, incomplete or not your own; • use this site knowingly to engage in or to abet any criminal conduct; • use this site to communicate any information which is prohibited by these Terms or which is the confidential information or trade secrets which belong to any other party or which would violate such party’s privacy or publicity rights; • communicate, transmit, transfer or send, by any means, information or software or products derived from this site to foreign countries or certain foreign nations in violation of US export control laws; • interfere or attempt to interfere with the operation of this site or with our networks; • use this site for the purposes of enabling or transmitting any so-called “adware,” “malware” or “shareware” or to gain unauthorized access to any other computer or computer system; • or use this site for any other purposes whatsoever other than to review the contents of this site and engage in transactions to purchase the merchandise we offer for sale.
Disclaimers and Limitation of Liability
Your access and use of this site is at your own risk and is “as is.” We don’t warrant that its function or operation will be error-free or uninterrupted, or that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. You assume full responsibility for any costs associated with the servicing of or damage to any equipment you may use in connection with your access to or use of this site. You agree that we shall not be liable for damages of any kind related to your use of or inability to access this site. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, NATURE OR DESCRIPTION, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE UNDER IT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES OF ANY KIND REGARDING ANY SITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THIS SITE. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH OTHER SITES. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON THE SITE. IN NO EVENT WILL WE OR OUR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and defend us and hold us harmless from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the site, your violation of the Terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account and any third party claim that any information or materials you provide infringes any third party proprietary right.
We will not be liable to you for any loss, damage, delay, non-functionality or operational problems of this site, changes in shipment schedules or failure to post this site or to deliver merchandise that are caused by accident, fire, strike, riot, civil commotion, insurrection, war, the elements, embargo, failure of carrier, inability to obtain transportation facilities, government requirements, acts of God or public enemy, prior orders from customers of or limitations on us or our suppliers, or any other cause or contingency beyond our control.
We try our best to make sure that all of the information and products displayed on our site are accurate and up to date and that the displayed colors of our products are as life-like as possible. However, occasionally some of the information presented may be incomplete or inaccurate. Additionally, your monitor may affect how the colors of our products may appear. Any such inaccuracies or discrepancies are wholly unintentional. Please understand that while we will do our best to correct any errors in merchandise price, item availability or in any other way which affects your individual order, everything presented on this site is “as is.” We make no claims to the accuracy of the information, either express or implied, and we are not responsible for typographical errors regarding price or any other matter. We expressly reserve the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card had been charged for a purchase order that we cancel, we will issue a credit to your credit card account in the amount of the in erroneous price it was charged.
Payment for Orders
By placing orders through this site and providing us with credit, debit or other payment card information for use in such purchase, you are authorizing us to use your card number and information for the purpose of completing the order and to charge such card in full for the total of the order when it is in stock and ready to ship. By using such a card for payment, you are warranting that you have all necessary right and authority to use such card for such purpose and are obligated for the payment if for any reason the payment cannot be accomplished through use of the card.
Miscellaneous General Provisions
These Terms constitute the entire agreement between us and they supersede any prior agreements between us. We may deny you access to the site at any time, immediately and without notice, if in our sole discretion you don’t comply with any of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of these Terms or your use of the site. If you have any claim or cause of action against us for any reason, you must commence it within six (6) months or else it will be forfeited. If we fail to exercise any right or enforce any provision of these Terms, it will not be deemed a waiver or any other breach by you of the same or any other provision of these Terms. The invalidity of any term, condition or provision in these Terms will not affect the enforceability of those other portions of the Terms deemed enforceable by applicable courts of law. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York, County of New York and you hereby agree to such exclusive jurisdiction and venue. You may not assign any of your rights or obligations under these Terms or as may be created as a result of your use of the site without our express written consent. These Terms shall be binding upon you, your heirs, executors, administrators, legal representatives and assignees and shall inure to the benefit of Owner and its Service Providers and their respective successors, assignees and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The Mr. Swim logos, the web site design as well as the copyrights, trademarks and the intellectual property are owned by Mr. Apparel Group LLC, New York. The copying, publishing, photocopying or other use of text and/or image material is forbidden without permission in writing. We will take legal action in the case of any such violations.
Mr. Swim attaches great importance to protecting personal data. Your address and e-mail details are stored in the Mr. Swim customer file, and may be used for marketing purposes. If you do not agree with this, please inform us by e-mail.
Your orders are encrypted with SSL technology, so the transactions you submit are confidential. Our shopping cart is PCI compliant with the PCI Data Security standards of American Express, Visa and Mastercard and PayPal.