TERMS & CONDITIONS
Update: 15 December 2023
Welcome WWW.ANCORASWIMWEAR.COM (web site)
This website is operated by ANCORA LLC. Throughout the site, the terms “we”, “us” and “our” refer to ANCORA LLC offers this website, including all information, tools and services available from this site to you, the user/the customer, 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.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you affirm that you have reached the legal age of majority in your state or province of residence. You are prohibited from utilizing our products for any unlawful or unauthorized purposes. When using our service, it is imperative that you adhere to the laws of your jurisdiction, which encompasses, but is not limited to, copyright regulations. Furthermore, you are strictly prohibited from transmitting any malicious code, such as worms or viruses. Any breach or violation of these terms will lead to the immediate termination of the service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that his 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 the 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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the 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 it has no obligation to update any information on its site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - 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. Wewill not be liable to you or any third-party if the service is modified, priced, suspended, or discontinued.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited stock and are eligible for return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of the products that appear in the store as accurately as possible.We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but is 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 any time 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you places 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. If we make a change to or cancel an order, we may attempt to notify you by contacting the email 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 have been 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, credit card numbers, and expiration dates, so that we can complete the transactions and contact you as needed.
For more details, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control. 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 will have no liability arising from or related to your use of optional third-party tools.
Any use of optional tools made available through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which such tools are made available 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). These Terms of Service will also apply to any new features or services.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via ourservice 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 of any third-party. We make no warranties and accepts no liability for third-party materials, websites, products, or services. 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. You must 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, yousend certain specific submissions (for example, contest entries) or without a request, 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 to (1) keep any comments confidential, (2) compensate for any comments, or (3) respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. 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 email 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 do not takeanyresponsibility for comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - 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 specific update or refresh date applied to the service or on any related website should be taken as an indication that all information in the service or on any related website has been changed or updated.
SECTION 12 - 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 service's or any related website's, other websites', or the Internet's security features.We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 13 - 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.
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 we, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ANCORA Official Online Store 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.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. This determination has no bearing on the validity or enforceability of the remaining provisions.
SECTION 16 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province of residence. You may not use our products for any illegal or unauthorized purpose. In the use of the service, you may not violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the terms will result in the immediate termination of the service.
SECTION 17 - TERMINATION
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 your access to our services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
We shall not be deemed to have waived any right or provision of these Terms of Service if we fail to exercise or enforce 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 constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, or 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 used against the party who drafted them.
SECTION 19 - GOVERNING LAW
These Terms of Service, as well as any separate agreements under which we provide youwith services, are governed and construed in accordance with the laws of the United States of America.
SECTION 20 - COPYRIGHT AND TRADEMARKS
The copyright in all content is and remains owned by us, our affiliated companies, or our licensors. Except as may be otherwise indicated in specific documents within the site, you are authorized to view, play, print, and download content found on the site for personal, informational, and non-commercial purposes only. You may not modify any of the materials, and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content. You may not re-use any content without first obtaining the consent of us. For purposes of these terms and conditions, the use of any such content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from content found on the site.
SECTION 21 - MISUSE OF THE SITE
You are prohibited from using the site to post or transmit any customer-generated content that infringes or may infringe third-party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal, or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party, or which may otherwise give rise to civil liability or violate any law. We may deny your access to the site at any time, in our sole discretion, if we believe that the use of the site is in breach of any of these terms and conditions and/or applicable laws.
SECTION 22 - CONTENT ON THE SITE AND USE RESTRICTIONS
You understand and accept that all information, data, text, logos, icons, trademarks, software, music, sound, photographs, graphics, audio, video, illustrations, messages or other material appearing on this site (collectively, "content") is owned by us or our licensors. You are expressly prohibited from using any content without the express written consent of us or our licensors. None of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of us and our affiliated companies and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this site solely for personal, non-commercial use if you make no modifications to the materials and all copyright and other proprietary notices contained in the materials are retained. you may not, without our express written permission, "mirror" any material contained on this site or any other server. Any permission granted under these terms terminates automatically without further notice if youbreache any of the above terms. Upon such termination, you agree to immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
SECTION 23 - ABILITY TO USE THE SITE
To accept the terms and to use the site, you must be at least 18 years of age ("minimum age"). The site is not intended for customers under the minimum age. You affirmatively represent that (a) you're at least the applicable country's minimum age; (b) if you are under the age of 18, you have the consent of your parent(s); (c) you have all the necessary rights and authority to grant us the rights granted in these terms; and (d) you have read, understood, and agree to be bound by these terms. If you are not at least the minimum age, do not have parental consent, or do not agree to all the terms and conditions of these terms, you may not use the site.
SECTION 24 - WARRANTIES
The site and content are free and proportionate "as is" without any kind of guarantee. The information on the site is for general information only and does not constitute any advice. We do not guarantee the use, validity, accuracy, or reliability of the material on this site or any website linked to it, the results of its use, or any other situation with respect to this material.
We warn you that the information on this website may contain errors or inaccuracies, or not be complete or updated. Therefore, we reserve the right to correct any error, omission, or inaccuracy, change, or update it at any time and without prior notice.
We cannot declare or guarantee that the site is not interrupted or free of errors. We make no warranties or representations regarding the use of the content on the site as accuracy, suitability, usefulness, timeliness, reliability, etc., or otherwise, in each case to the maximum extent permitted by applicable law.
SECTION 25 - SEVERANCE
Each provision of these terms and conditions must be interpreted independently of the others. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these terms and conditions.
SECTION 26 - CHANGES TO 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, 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.
SECTION 27 - CONTACT INFORMATION
If you have any questions or comments about the site or these terms and conditions, or in the event that you wishs to make a complaint regarding the site, you need to contact us at the following email addresses: firstname.lastname@example.org or email@example.com.