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Terms of Service

Overview

This website is operated by Vitamin A Swim. Throughout the site, the terms “we”, “us” and “our” refer to Vitamin A Swim. Vitamin A Swim offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Accuracy, Completeness, and Timeliness of Information

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 should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Products or Services (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Vitamin A Swim, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Indemnification

You agree to indemnify, defend and hold harmless Vitamin A Swim and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3151 Airway Avenue Costa Mesa, CA 92626

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

 

The A List Rewards

Terms & Conditions

Please read these Terms and Conditions carefully before participating in the A List Rewards Program. Your participation in our A List rewards Programs confirms your unconditional acceptance and agreement to be bound by these Terms and Conditions, the Company’s Website Terms of Use and Privacy Policy, all of which are incorporated herein by reference.

Membership

A List Rewards Program (“Program") is offered by Vitamin A Enterprises ("Company") to customers making purchases online at vitaminaswim.com (“Website”). Company will extend certain perks and privileges for Eligible Purchases as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement ("Agreement") between you ("Member") and Company with respect to the Program.

 

Acceptance of Our Terms

The Program is a tiered rewards program which is offered at the sole discretion of the Company. By participating in the Program, Member agrees to the Terms and Conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions in Section 18 below regarding governing law, mandatory arbitration of all disputes and no class actions. Each Member is responsible for periodically reviewing these Terms and Conditions by checking the “Last Updated” notice set forth above to ensure the Member is aware of any changes to these Terms and Conditions. Company reserves the right to change or modify these Terms and Conditions from time to time and Company has the sole discretion to disqualify any Member who has violated any of the Program Terms and Conditions. These Terms and Conditions do not alter in any way the terms and/or conditions of any other agreement Member may have with the Company, including any agreements for the purchase of products.

Membership & Eligibility

The Program is open to global residents. No purchase is necessary to join as a Member. Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole discretion. Employees, agents and representatives of Company and its affiliates are eligible for Membership but may be excluded from certain promotions. By submitting an application for Membership in the Program, Member agrees to be bound by these Terms and Conditions (“Membership”).

Membership Enrollment

To become a Member, individuals can enroll by creating an account on our Website at www.vitaminaswim.com. Member must provide enrollment information accurately and completely. Company reserves the right to refuse Membership to any customer or individual who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, and/or email address, by visiting www.vitaminaswim.com/account/login and updating Member’s account.

Earning and Redeeming Status

Under the Program, you earn Program tier status for every U.S. dollar spent on Eligible Purchases (as defined below) online through our Website - www.vitaminaswim.com. A Member’s Program tier status is determined by the amount of US dollars spent on Eligible Purchases: ($0-299.99 for Moss Tier, $300-499.99 for Palm Tier, $500 - $999.99 for Cove Tier and $1000+ for Emerald Tier). Program benefits offered to a Member are dependent on each Program tier. See Section 8 below (Program Benefits & Details) for accessing specific benefits in connection with certain Program tiers. Annual Program tier status is determined by how much Member spends in rolling 12-month year starting at enrollment date.

Company's Right to Change/Cancel Program

Company may, at its sole discretion, alter, limit or modify a Member’s Program tier status or any other benefit of the Program. Company reserves the right to change the Terms and Conditions of the Program or terminate the Program at any time. Communications about the Program, including changes to the Program, will be posted to fthis Terms and Conditions page. When Company modifies these Terms and Conditions, Company will update the “Last Updated” notice set forth above. It is Member's responsibility to regularly review these Terms and Conditions. A Member’s use of the Website following the posting of updated Terms constitutes such Member’s acceptance of the updated Terms and Conditions.

Program Communications

Unless Member has opted out of receiving marketing communications, Company will communicate with Member about marketing via email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate Member Program tier status, notify Member when they are eligible for a Program benefit, communicate Program changes and more. Please note that even if Member opts out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about Member accounts or our ongoing business relations.

Program Benefits and Details

In addition to any other requirement and/or limitation that may be communicated to Member at the time a Program benefit is offered, the following shall apply: 1. Birthday gift: Member must have a valid birthday on file with Member's registered A List customer account and be opted in to receive marketing communications. One annual birthday gift per member. If Member has received gift and changes birthday within the same calendar year, they will not receive another gift within same calendar year. Birthday change requests must be submitted to customerservice@vitaminaswim.com. Additional terms and conditions may apply. 2. Free shipping / 2 Day Shipping benefits: Free standard shipping or 2 Day shipping applies on orders placed at www.vitaminaswim.com for orders shipping to the continental U.S. only. Member must be signed in to your A List account at time of purchase. Free shipping is dependent upon on tier status and will automatically be applied at checkout. Offer cannot be applied to previous purchases. Terms of offer are subject to change. 3. Annual gifts: Super Trashy Recycling Bags are only eligible for customers with a mailing address in the USA. While supplies last. Member must be opted in to receive marketing communications. Eligibility is dependent upon tier status.

Identification at Transaction

Members must identify themselves through their account email address to receive benefits and earn status on Eligible Purchases made online in the United States through our Website at www.vitaminaswim.com . Members must sign into their online account before checkout for online transactions in order to receive benefits.

Valid Email Address

A current, valid email address is required for Member to be eligible to receive initial Program tier status and certain Program benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.

Tier Status

Following Member’s initial Program tier status upon registration (e.g., Moss Tier), Program tier status is based solely on the total amount of money spent on Eligible Purchases during a rolling 12-month calendar year starting after Member’s first Eligible Purchase is made on vitaminsawim.com. Following the conclusion of that qualifying rolling year, a Member’s Program tier status will be valid for the next Program benefit year after qualification. A Member’s Program tier status will be upgraded during the year if such Member’s spend amount on Eligible Purchases exceeds his or her current Program tier status threshold. Members should allow 30 days for Eligible Purchases to process before Member is upgraded, if at all, into a different Program tier. For more information on Program tiers, see https://www.vitaminaswim.com/pages/the-a-list.

Eligible Purchases

Purchases of merchandise, after promotional offers have been applied, before taxes and shipping charges have been applied, made online in the United States through our Website - www.vitaminaswim.com - count towards earning certain Program benefits and a Member’s Program tier status “Eligible Purchase.” The amount of a purchase made with store credit or gift cards as method of payment will not be applied to Program tier status or any other Program benefit earnings. Additional Eligible Purchases may be excluded from Program tier status and other Program benefit accumulation at the sole discretion of Company.

Returns

Merchandise returns must be made in accordance with Company's return policy available at https://help.www.vitaminaswim.com/pages/returns. Upon the return of an Eligible Purchase, the Member’s Program benefits earned for the Eligible Purchase will be deducted from the Member's account and the Member’s Program tier status will be adjusted accordingly.

Account Closure

Upon closure of account and membership, Program tier status is reduced to zero. To close an account, Member must reach out to customerservice@vitaminaswim.com with a request.

No Transfer

Program tier status and other Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Program tier status and other Program benefits, have no cash value, are not exchangeable for cash, and cannot be sold, transferred or assigned, other than by the Company.

Right to Revoke

Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns Program tier status or other Program benefits through deception, forgery and/or fraud. In the event that Company cancels a Member’s Membership or terminates the Program for any reason, Program tier status and any Program benefits earned and reflected in the Member’s account will be forfeited.

Governing Law

These Terms and Conditions, the relationship between a Member and the Company, and Company’s Program, shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, without giving effect to any conflict of law provisions.

Mandatory Arbitration of All Disputes. No Class Actions.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY’S PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CHARLESTON COUNTY, SOUTH CAROLINA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION IN CONNECTION WITH OR RELATED TO THE PROGAM. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN THE STATE OR FEDERAL COURT IN CHARLESTON COUNTY, SOUTH CAROLINA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Release; Limitation on Damages

Member agrees to release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to Member’s membership or participation in the Program or these Terms and Conditions. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.

No Warranty

Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

Taxes

Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.

Data Privacy

See https://www.vitaminaswim.com/pages/privacy-policy for more information on our privacy policy

Intellectual Property

All Company and Program designs, texts, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are owned by Company and may be registered in the United States and internationally.

Questions

For all questions about the Program or your Member account, please contact us at xxx or customerservice@vitaminaswim.com

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Contact Information

Questions about the Terms of Service should be sent to us at customerservice@vitaminaswim.com.