ACCEPTANCE OF THE TERMS AND CONDITIONS
If a Nightswim product or service is listed at an incorrect price due to typographical error or error in pricing information, Nightswim shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Nightswim 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 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.
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.
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 Nightswim'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.