ACCEPTANCE OF THE TERMS AND CONDITIONS

By using the site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using this site, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the site. In addition, when you use any current or future version of the web site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the nightswimbrand.com site following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of the nightswimbrand.com web site, to understand our privacy practices. By using the nightswimbrand.com web site you consent to terms of our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

DISCLAIMER LIABILITY

Nightswim has taken reasonable efforts to ensure that the information contained in this web site is accurate; however, all information is provided "as is" without any express or implied warranties. Except as otherwise expressly provided, this site and all content and all products and services are provided on an “as is” basis. Nightswim disclaims all warranties of merchantability, fitness for a particular purpose or non-infringement. In no even shall Nightswim be liable for any special, indirect, punitive or consequential damages resulting from any use or performance of or content errors or omission in the information, even if notified in advance of the potential for such damages. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Terms of Use" page, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this "Terms of Use" page.

If a Nightswim product or service is listed at an incorrect price due to typographical error or error in pricing information, Mara Hoffman shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Mara Hoffman 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, Nightswim will issue a credit to your credit card account in the amount of the incorrect price.

COPYRIGHT NOTICE

Copyright notice for all pages on this web site and all fashion designs displayed on this website. 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 similar international laws 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 Nightswim’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.

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, Nightswim 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.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Nightswim., its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of this web site and any denial of access to the site; (b) any user content that you post, upload, use, distribute, store or otherwise transmit on or through the site; (c) any submissions you provide to us; (d) your violation of these Terms of Use; (e) your violation of any rights of another; or (f) your conduct in connection with the web site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

LIMITATION OF LIABILITY

In no event shall Nightswim, 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 Nightswim, 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 Mara Hoffman's records, programs or services. In no event shall the aggregate liability of Nightswim, 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 Nightswim 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.