Terms of service

These Terms of Use (these “Terms”) constitute an agreement between you (“you” or the “user”) and Follow Suit. and its affiliates or assigns (collectively, “Follow Suit”, “we”, “us”, or “our”).  By accessing or using this site at https://shopfollowsuit.com including any subdomain thereof (the “Site”), you signify that you have read, understand, and agree to be bound by these Terms.  Please read these Terms carefully.  You should print a copy of these Terms for your records.

 

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION.  BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO THE TERMS OF THE ARBITRATION PROVISION.

 

Your Information and Disclosure to Third Parties

Follow Suit has made a commitment to protecting the privacy of those who use the Site.  Please review the Site’s Privacy Policy.  The Site’s Privacy Policy is incorporated by reference in these Terms.  By using the Site, you are consenting to the Privacy Policy.

 

Site Services

When you use the Site, you consent to receive communications from us electronically via the Site.  You agree to provide accurate, current, and complete information about yourself when you use the Site and to update such information while you continue to use the Site.  

 

Eligibility

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account–if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or services (or any portion thereof); and (e) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

Intellectual Property

The Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Follow Suit or third parties; all rights, title, and interest will remain the property of Follow Suit and/or such third-party owner, as applicable.  All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

 

You are authorized to view and retain a copy of pages of the Site only for your own personal, non-commercial use.  You may also view and make copies of relevant documents, pages, images, or other materials on the Site for the purpose of transacting business with Follow Suit.  You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use, without the express written consent of Follow Suit.  Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Site (or printed pages produced from the Site), and (b) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Follow Suit.

 

Use of Information and Materials

The information and materials contained on the Site, and these Terms, policies, and descriptions on the Site, are subject to change.  You accept sole responsibility for all of your activities using the Site.  Your use of the Site is limited to the intended function of the Site.  Unauthorized use of the Site and systems, including but not limited to unauthorized entry into Follow Suit’s systems or misuse of any information posted on the Site, is strictly prohibited.  You may not use the Site in a manner that: 

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights); 

  2. is unlawful, fraudulent, or deceptive; 

  3. uses technology or other means to access content or systems of Follow Suit in a manner that is not authorized by Follow Suit; 

  4. uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Follow Suit; 

  5. attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; 

  6. attempts to gain unauthorized access to Follow Suit’s computer network or user accounts; 

  7. encourages conduct that would constitute a criminal offense or that gives rise to civil liability; 

  8. violates these Terms or any other Follow Suit policies;

  9. attempts to damage, disable, overburden, or impair Follow Suit servers or networks;

  10. fails to comply with applicable third-party terms; or

  11. constitutes any other inappropriate conduct, as determined by us in our sole discretion.

System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the Site or communicating with Follow Suit through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems.  Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Follow Suit’s, can experience unanticipated outages or slowdowns or have capacity limitations.  Follow Suit is not responsible for failure or delay of performance caused by such problems.

 

Security

Follow Suit makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site.  You acknowledge and agree that you are solely responsible for maintaining the security of your devices.  Follow Suit is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access.  You are required to notify us of any unauthorized use of the Site by using the contact information below.

To protect the security of your information, Follow Suit may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Site.  

 

Links to Other Websites and Services

The Site may contain links to outside services and resources, the availability and content of which Follow Suit does not control.  We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites.  Follow Suit does not assume any responsibility or liability for the actions, products, and content of these and any other websites.  Any concerns regarding any such services or resources should be directed to the service or resource.

 

Severability/No Waiver

If any provision of these Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  Follow Suit’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.  In such jurisdictions, our liability is limited to the greatest extent permitted by law.

 

Disclaimers

THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FOLLOW SUIT MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.  FOLLOW SUIT UNDERTAKES NO OBLIGATION TO UPDATE THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOLLOW SUIT, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE SITE NOT EXPRESSLY STATED IN THESE TERMS.  YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY FOLLOW SUIT FROM TIME TO TIME WITHIN THE SITE.

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT.  IF YOUR USE OF THE SITE, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Site or violation (or alleged violation) of these Terms.  Under no circumstance will Follow Suit be liable for damages of any kind that result from your use of, or the inability to use, the Site.  

 

Termination

We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site.  If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable.  In the event of termination, you will still be bound by your obligations under these Terms.

Changes

You are responsible for reviewing these Terms regularly.  Follow Suit reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Site, these Terms, or any Follow Suit policies related to use of the Site.  Revisions to these Terms or Follow Suit’s policies may be provided through the Site, including by posting the revisions on the Site and updating the “Last Updated” date.  Such revisions will go into immediate effect once posted to the Site.  Continued use of the Site following such modifications to the Site, these Terms, additional terms and conditions for any service, or other Follow Suit policies will constitute your acceptance of such modifications and revisions.

 

Legal Disputes

YOU AND FOLLOW SUIT AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Follow Suit arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. 

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration.  Follow Suit will provide such notice by either email to your e-mail address on file with Follow Suit or by mail to your mailing address on file with Follow Suit and you must provide such notice to Follow Suit by 

email to support@shopfollowsuit.com or by mail to:

Follow Suit Swimwear

Attn: Privacy Compliance Officer

305 West Broadway

PMB 146

New York, NY 10013.

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes.  Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.  The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Follow Suit and approved by the arbitrator.  Any in-person appearances will be held at a location mutually agreed upon by you and Follow Suit, or, in the absence of such agreement, at a location determined by the arbitrator.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.  Arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.  Follow Suit and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only.  Neither Follow Suit nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.  If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).  These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of New York, U.S.A.

Miscellaneous Provisions

These Terms shall be governed in all respects by the laws of the State of New York, U.S.A., without regard to choice of law provisions.

 

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

Follow Suit’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. 

Follow Suit may assign its rights and duties under these Terms to any party at any time without notice to you. 

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force.  

 

Contact Us

If you have any questions regarding the Site, please feel free to send us an email to support@shopfollowsuit.com.