· 1. Disclaimer Liability
If a Lume Swimwear product or service is listed at an incorrect price due to typographical error or error in pricing information, Lume Swimwear shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Lume Swimwear will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Lume Swimwear will issue a credit to your credit card account in the amount of the incorrect price.
· 2. Copyright Notice
Copyright notice for all pages on this web site and all fashion designs displayed on this website: © 2010 Lume Swimwear. All Rights Reserved. Any reproduction of these pages, graphics, audio and video clips, and fashion designs shown on the site for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Lume Swimwear's copyrighted works without first obtaining our written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above. Any other use of any content included on the web site, including linking or framing to this web site, is strictly prohibited unless you first obtain our prior written consent.
· 3. Trademark Notice
All product names, trademarks, trade dress, service marks or other images in this web site are either the property of, or used with permission by, Lume Swimwear and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons. Lume Swimwear® is a registered trademark of Lume Swim LLC. in the United States and other countries.
· 4. User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this site ("Communications") will be considered non-confidential and non-proprietary. Lume Swimwear will have no obligations with respect to the Communications. Lume Swimwear and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, and other things embodied therein for any and all commercial or noncommercial purposes.
· 5. Electronic Communications
You may opt out of receiving promotional emails from Lume Swimwear by following the instructions in those emails. You may also change your postal mail and email preferences by contacting us at info@LumeSwimwear.com. If you opt out, we may still send you non-promotional emails, such as emails about your purchases, account, or our ongoing business relations.
· 6. Links
Lume Swimwear's web site contains links to third party web sites. Lume Swimwear does not control the content of these web sites. Unless specifically stated on this web site to the contrary, Lume Swimwear is not affiliated with these third parties and does not endorse or sponsor their web sites, products or services.
· 7. Indemnification
· 8. LIMITATION OF LIABILITY
IN NO EVENT SHALL LUME SWIM LLC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM LUME SWIM LLC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LUME SWIMWEAR'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LUME SWIMWEAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LUME SWIMWEAR FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
· 9. Governing Law
Use of this web site and this Policy will be governed by and construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of, or relates to any use of the site will be filed only in the state or federal courts located in Harris County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action