Terms & Conditions

This website and the services of Warnaco Swimwear, Inc., by and through its Speedo USA division, and its affiliates (collectively, "Speedo USA") available via this website (collectively, the "Website") are provided subject to the terms set forth herein. If you visit the Website, you agree to be bound by these Terms of Use. Speedo USA reserves the right to make changes at any time to the Website or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Website following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use. When you visit the Website, you should check the date of the Terms of Use (which appears above) and review any changes that may have been made since your last visit to the Website.

Trademarks, Copyrights, Proprietary Content
The content of this Website includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content are original to Speedo USA, are protected by trademark, trade dress, and copyright (and, if applicable, similar foreign laws). All trademarks, service marks, and logos, text, copyrightable subject matter, images, graphics, designs and products appearing on the Website belong to or are licensed exclusively to Speedo USA, or in some cases to the party that authorized such use by Speedo USA. The SPEEDO® Trademarks, including the Speedo® Boomerang design are owned by Speedo International Ltd. And Speedo Holdings BV and are licensed exclusively in North America to Warnaco Swimwear Inc. and its Speedo USA division.

All rights are reserved. Use of any of Speedo USA's, or other's trademarks, service marks, or names appearing on the Website as metatags on other websites is prohibited.

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content on the Website, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Website without the express prior written permission of Speedo USA. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Website.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Speedo USA or any other person.

Use of the Site
The Website may include information regarding Speedo USA, its products and services, and other information and materials proprietary to Speedo USA or its licensors, as well as links to third party websites. You may download, view, copy and print information, materials and any other aspect of the Site (i) solely for your personal, non-commercial informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.

You agree not to upload on or transmit to or via the Website any information which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, express hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.

You agree you will not interfere, in any way, with others' use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Website user. You further agree not to take any other action in connection with your use of the Website which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Website.

You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Website. You additionally agree not to take any other action that imposes an unreasonable or disproportionately large load on the Website.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way, the Website or any portion thereof or any information or content on the Site, without the prior written permission of Speedo USA.

Unauthorized Use of the Site

Speedo USA reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Website, including without limitation any content thereof. Any decision by Speedo USA not to pursue legal action for any particular violation of these Terms of Use shall not be construed as a waiver of any of these Terms of Use or the legal rights of Speedo USA (or its licensors or affiliates).

Privacy

The terms of Speedo USA's Privacy Policy are hereby incorporated as part of these Terms of Use.

Submissions

It is Speedo USA's policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, content of any kind (including without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission, subject to the rights you are granting to Speedo USA as a result of making the submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, and any of our parents, affiliates, licensees, licensors, and their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with any claims to any rights in any Submission. You acknowledge that Speedo USA (including our affiliates and licensors) is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

This section on Submission (and all terms herein relating to Submissions shall survive expiration or termination of this Agreement, for any reason.

Forums

Speedo USA may offer features through the Website that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in the Submission Section above apply to the Forums. Additionally, without Speedo USA's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other visitors to the Website or users to visit or become members of, subscribe to or register with any commercial online service or other organization. In addition, you may not use the Forums to upload, post, email or otherwise transmit any materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or infringing on third party property rights, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); to "stalk" or otherwise harass another user or employee of this Website; and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

When you make a Submission through the Forums or otherwise through the Website, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by us without restriction. You grant to Speedo USA, the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission made through the Forums or otherwise that you may have under any applicable law or under any legal theory. This section will survive termination or expiration of this Agreement for any reason.

Speedo USA reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in or on the Website. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Speedo USA, including its licensors and/or other third party providers, and Speedo USA does not endorse any such opinions, statements or materials. Speedo USA may remove objectionable statements or other content from the Website at any time if it deems removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

Speedo USA does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Website, through the Forums or otherwise. Any information or materials placed on the Website by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of Speedo USA (or its licensors).

You acknowledge and agree that Speedo USA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION AND OR CONTENT PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

DMCA Policy

Speedo USA respects the intellectual property rights of others. Speedo USA, at its discretion and when appropriate, may terminate the accounts of users who may infringe the copyrights or other proprietary rights of third parties.

To submit a copyright infringement notification, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. ? 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email:
Copyright@Warnaco.com.

Sweepstakes, Contests and Similar Promotions

Any sweepstakes, contest, or similar promotion made available through the SpeedoUSA site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. SpeedoUSA urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

Links to Third Party Sites

You acknowledge that, at any time, the Website may include links to the websites of third parties. Speedo USA is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by Speedo USA of the linked site or any content therein. IN NO EVENT WILL SPEEDO USA BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Governing Law

These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and us. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the state and federal courts in New York City (Manhattan), New York. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. SpeedoUSA may revise these Terms of Use at any time.

Security

Speedo USA protects your online order and registration information by using Secure Sockets Layer (SSL) technology. If you place an order through the web site, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to protect your personal information further, you should be careful about providing your password to others.

Money matters
All prices SpeedoUSA shows on this site are subject to change without notice. Prices stated at beginning of shipment apply. For information about our shipping and handling rates click here. SpeedoUSA arranges for shipment of products purchased on the site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed. All payments (including shipping and handling charges) must be received by SpeedoUSA.com prior to shipping.

Important sales tax notice
SpeedoUSA is required by law to collect applicable sales or use tax on shipments to states where SpeedoUSA and its affiliates maintain a place of business or have a business relationship. These taxes are added to your order. WE do not charge sales tax on the purchase of Online Gift Certificates. However, items purchased with Online Gift Certificates will be taxed if shipped to the states where SpeedoUSA and its affiliates maintain a place of business or business relationship.

Colors
SpeedoUSA displays colors of our products on our site as accurately as we can, but the actual color you see depends on the accuracy of your own monitor, which we cannot guarantee.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, OR ANY INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE WEBSITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPEEDO USA MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE WEBSITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SPEEDO USA DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND SPEEDO USA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE WEBSITE. FURTHER, SPEEDO USA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL SPEEDO USE OR ANY OF ITS AFFILIATES, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR LICENSEES OF SPEEDO USA OR ANY OF THEIR AFFILIATES (COLLECTIVELY, THE "SPEEDO PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE WEBSITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, INJURY, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

To obtain information about or to make a claim concerning performance of a warranty obligation you must contact Speedo USA by phone at 1.888.4.SPEEDO (1.888.477.3336) or by mail at the following addresses: Speedo USA, 1201 W. 5th St., Los Angeles, CA 90017 or Service@SpeedoUSA.com.

Indemnification

You agree to indemnify and hold the Speedo Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees, disbursements and court costs) incurred by any of the Speedo Parties arising from or in connection with (i) your use of the Website, or any content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any Submitted Materials provided by you; or (iv) your violation of any rights of any third party.

Modification or Discontinuance of the Site by Speedo USA

At any time, without notice to you, and for any or no reason, Speedo USA may modify or discontinue the Website. Speedo USA shall in no way be held liable for any consequence which results from Speedo USA's decision to modify or discontinue providing the Website.

Denial of Access

Speedo USA may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.

Miscellaneous

Speedo USA shall not be in default if this site is rendered unusable or if delivery is delayed or rendered impossible by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond our reasonable control. Speedo USA may revise or modify products, product information or pricing without notice. Speedo USA is not responsible for typographical errors or inaccuracies and information that may not be complete or current. SpeedoUSA.com is an independent contractor.

Last Updated: May 2012.