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Terms and Conditions

TERMS AND CONDITIONS

 

The website located at www.cotobeachwear.com, including the mobile versions of such website (collectively the “Websites”) is a copyrighted work belonging to Coto, LLC (“Coto”, “us”, “our”, and “we”).

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITES, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES OR UNDERSTANDINGS WITH RESPECT TO THE WEBSITES.  BY ACCESSING OR USING THE WEBSITES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT ACCESS OR USE THE WEBSITES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE WEBSITES.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 11.2 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.

THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Certain features of the Websites may be subject to additional guidelines, terms, or rules, which will be posted on the Websites in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms. In the event of a conflict between the additional terms or other agreement and any provision in these Terms, the additional terms will prevail, but only with respect to the portion of the Website(s) or Services to which the additional terms apply.

PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY COTO IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Coto will make a new copy of these Terms available at http://www.cotobeachwear.com/policy/terms.html.  We will also update the “Last Updated” date at the top of these Terms.  If we make any material changes, and you have registered with us to create an Account (as defined below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms.  Any changes to these Terms will be effective immediately for new and existing users of the Websites and will be effective thirty (30) days after posting notice of such changes for such users.  Coto may require you to provide consent to the updated Terms in a specified manner before further use of the Websites is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Websites.  Otherwise, your continued use of the Websites constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

  1. ACCOUNTS 

1.1 Account Creation.  In order to access discounts, news, and receiving updates from Coto Beachwear, you must register your email address with us as prompted at the bottom of the Websites.  You may unsubscribe from Coto’s newletters, updates, and the receipt of electronic correspondence by following the instructions on the Websites or within each electronic correspondence.  Coto may suspend or terminate your Account in accordance with Section 9.

  1. ACCESS TO THE WEBSITE 

2.1 License.  Subject to these Terms, Coto grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Websites solely for your own personal, noncommercial use.

2.2 Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Websites, whether in whole or in part, or any content displayed on the Websites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Websites; (c) you shall not access the Websites in order to build a similar or competitive websites, product, or service; (d) except as expressly stated herein, no part of the Websites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you will not use the Websites for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Websites without our express written consent; (f) you will not install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (g) you will not interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Websites shall be subject to these Terms.  All copyright and other proprietary notices on the Websites (or on any content displayed on the Websites) must be retained on all copies thereof.

2.3 Modification.  Coto reserves the right, at any time, to modify, suspend, or discontinue the Websites (in whole or in part) with or without notice to you.  You agree that Coto will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Websites or any part thereof.

2.4 No Support or Maintenance.  You acknowledge and agree that Coto will have no obligation to provide you with any support or maintenance in connection with the Websites.

2.5 Ownership.  You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Websites and its content are owned or licensed by Coto.  Neither these Terms (nor your access to the Websites) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Coto reserves all rights not granted in these Terms.  There are no implied licenses granted under these Terms.

  1. RULES GOVERNING WEBSITES CONTENT AND USE; YOUR REPRESENTATIONS AND WARRANTIES.

The Websites may enable you to access information, including news and articles about fashion and our products. When you use the Websites, you represent and warrant that you: (a) understand that the information posted to the Websites by other users may not be accurate and could be influenced by a number of things, including personal bias, personal relationship with a particular provider, or other factors which may undermine the objectivity and trustworthiness of the information or opinion posted to the Websites; (e) will not use the Websites for any unauthorized purpose.

In the event the Websites contain functionality (such as blogs, message boards, questions and answers, quizzes, user reviews of our products, etc.) that allows users to upload content to the Website (collectively, “Public Areas”), you agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any individual, group or entity.  By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to us by email (including through the email addresses listed on the “Contact Us” page) or otherwise, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted to us, a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.

  1. USER SUBMISSIONS – IMAGE, VIDEO, AUDIO FILES.In the event the Websites contain functionality that enables users to post or upload media, you agree to only post or upload media (like photos, blogs, videos, or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner. To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (like name, phone number, email address, or home address) of you or of anyone else or any blog that you have no rights to submit.  Uploading media like images or video of other people without their permission is strictly prohibited. By uploading any media on the Websites, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant the rights described herein.  Never post a picture or video of or with someone else unless you have their explicit permission. It is strictly prohibited to upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Privacy Policy.  You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site. By uploading any media like a photo or video, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes us to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify us and our affiliates, and our respective directors, officers, representatives, agents and employees and hold us/them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.  We reserve the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.
  2. MAKING PURCHASES. See Terms and Conditions of Sale.  http://www.cotobeachwear.com/policy/sales_and_returns.html.
  3. POLICIES.Additional information regarding our payment, order processing, shipping and return policies can be found at: http://www.cotobeachwear.com/policy/sales_and_returns.html. The personal information you submit to us is governed by our Privacy Policy: http://www.cotobeachwear.com/policy/privacypolicy.html.  Please review our Privacy Policy, which is incorporated herein and describes our practices regarding collection and handling of your personal information.
  4. INDEMNIFICATION. You agree to indemnify and hold Coto (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Websites, (b) your violation of these Terms or (c) your violation of applicable laws or regulations.  Coto reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Coto.  Coto will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  5. THIRD-PARTY LINKS & ADS; OTHER USERS

7.1 Third-Party Links & Ads.  The Websites may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Coto, and Coto is not responsible for any Third-Party Links & Ads.  Coto provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

7.2 Other Users.   Your interactions with other Websites users are solely between you and such users.  You agree that Coto will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Websites user, we are under no obligation to become involved.

  1. DISCLAIMERS 

THE WEBSITES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COTO, ITS VENDORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR VENDORS AND SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COTO (OR OUR VENDORDS OR SUPPLIERS) OR OUR RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITES, EVEN IF COTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE WEBSITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, WILL AT ALL TIMES BE LIMITED TO GREATER OF (A) THE FEES YOU HAVE PAID TO COTO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM AND (B) FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Websites.  We may suspend or terminate your rights to use the Websites (including your Account) at any time for any reason at our sole discretion, including for any use of the Websites in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Websites will terminate immediately.   Coto will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account.  All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  2. GENERAL

11.1 Limitations Period.  YOU AND COTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITES OR THE PRODUCTS, SERVICES OR CONTENT MADE AVAILABLE THROUGH THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11.2 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.  Please read this Section (“Arbitration Agreement”) carefully.  It is part of your contract with Coto and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product provided by Coto that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under these Terms of this Arbitration Agreement.  This Arbitration Agreement applies to you and Coto, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

 (b) Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to Coto should be sent to via certified mail to: Coto Beachwear, 2960 Wentworth, Weston, FL 33332, with an emailed copy to paula@cotobeachwear.com.  The Notice must: (1) describe reasonably the nature and basis of the claim or dispute; and (2) set forth the specific relief sought.  After the Notice is received, you and Coto may attempt to resolve the claim or dispute informally.  If you and Coto do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

 (c) Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  The exclusive venue for any arbitration or small claims filing shall take place in Broward County, Florida.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  The arbitrator is bound by these Terms.

 (d) Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

 (e) Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Coto, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and Coto.

(f) Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.  In the event any litigation should arise between you and Coto in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND COTO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

 (g) Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If this paragraph 10.2(g) is found to be invalid or unenforceable, then neither you nor we shall be entitled to arbitration and any dispute shall proceed pursuant to paragraph 10.2(m).

 (h) Severability. Except as provided in paragraph 10.2(g), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

 (i) Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or effect any other portion of this Arbitration Agreement.

 (j) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Coto.

 (k) Small Claims Court.  Notwithstanding the foregoing, either you or Coto may bring an individual action in small claims court, which venue shall be exclusively held in Broward County, Florida.  In such instances, or in any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Broward County, Florida, for such purpose.

 (l) Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court located within Broward County, Florida in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

11.3 Governing Law.  These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11.4 Force Majeure.  Coto shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11.5 Export. The Websites may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Coto, or any products utilizing such data, in violation of the United States export laws or regulations.

11.6 Disclosures.  In accordance with California Civil Code §1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

11.7 Release.  You hereby release and forever discharge the Coto (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Websites (including any interactions with, or act or omission of, other Websites users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11.8 Notice.  Where Coto requires that you provide an e-mail address, you are responsible for providing Coto with your most current e-mail address.  In the event that the last e-mail address you provided to Coto is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Coto’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Coto at the following address:  Coto Beachwear, 2960 Wentworth, Weston, FL 33332.  Such notice shall be deemed given when received by Coto by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

11.9 Electronic Communications.  The communications between you and Coto use electronic means, whether you use the Websites or send us emails, or whether Coto posts notices on the Websites or communicates with you via email.  For contractual purposes, you (a) consent to receive communications from Coto in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Coto provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.10 International Users.  The Websites can be accessed from countries around the world and may contain references to products that are not available in your country.  These references do not imply that Coto intends to make available such products in your country.  The Websites are controlled and offered by Coto from its facilities in the United States of America.  Coto makes no representations that Websites or such products are appropriate or available for use in other locations.  Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11.11 Miscellaneous. These Terms constitute the entire agreement between you and us regarding the use of the Websites.  Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  Except as otherwise provided in these terms, if any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Coto is that of an independent contractor, and neither party is an agent or partner of the other. Nothing in the Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Coto’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Coto may freely assign these Terms.  There are no third party beneficiaries to the Agreement.  The terms and conditions set forth in these Terms shall be binding upon assignees.

11.12 Copyright/Trademark Information.  Copyright © 2018 Coto, LLC. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Websites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

11.13    Severability. The Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of the Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

11.14 Contact Information:

Coto Beachwear

2960 Wentworth

Weston, FL 33332

Hours: Mon-Fri 9am-5pm EST

Email: customercare@cotobeachwear.com

TERMS AND CONDITIONS OF SALE

PLEASE NOTE THAT THESE TERMS AND CONDITIONS OF SALE INCORPORATE A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 11.2 OF THE WEBSITE TERSM AND CONDITIONS THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.

 

If you wish to purchase any products through the Websites, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.  Certain products may be available exclusively through the Websites.  These products may have limited quantities.  ONLY one coupon code can be entered at checkout per order.

 

Descriptions, images, references, features, content, specifications, products, price and availability of any products are subject to change without notice, and our current prices can be found on the Websites. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Websites at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.  We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

 

  1. Sale and Purchase of Products. Coto, LLC d/b/a Coto Beachwear (“Coto”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase goods of the description and quantity described within the Websites at checkout (“Checkout”) and incorporated herein by this reference (“Products”) on the terms and conditions set forth in this Agreement.

 

  1. Purchase Price. Buyer agrees to pay the Purchase Price of the Products as identified during Checkout.

 

  • Coto requires full payment before the delivery of your order. PayPal may hold the money on escrow until the payment is verified. Coto will only ship once the payment has cleared. PayPal may ask Coto to “accept” the funds if the shipping address is unconfirmed. If Coto fails to accept the funds in time and PayPal returns the funds to the buyer, the buyer is still liable to pay for the order it has received.

 

  • If the cardholder wants to dispute a payment made via PayPal, the cardholder must file the dispute with PayPal. The shipper will be liable for paying the order. The email address and phone number provided will be considered that of the buyer and you may be contacted in response to any dispute over the payment.

 

  • When making an online payment with PayPal you are agreeing to their terms and conditions as well as ours. You are aware that the card being used is your own, and you are consenting to the purchase being made with your card.

 

  1. Availability and Backorders.

 

  • Coto does its best to keep updated inventory tracking on its website. If there is a technical error on the site and you have purchased an item that Coto does not have immediately in stock, Coto will email you within 24 hours asking whether you would like a different item, a refund or whether you would like to wait for your item to be back in stock. If you would like to wait for your item to be back in stock, Coto will delay the shipping of your total order.

 

  • Some items/products may be placed on backorder. If an item/product is placed on back order there will be a notification that says “ITEM IS ON BACK ORDER” at the top of the description section of that item/product. If you continue through with the purchase of that item/product, you are agreeing to wait for that product to be back in stock. Items/products that are on backorder normally take 1-2 weeks to be back in stock. Normal shipping times will then apply.

 

  • If there is an item/product that you are especially interested in and it is sold out in your preferred style/size, email us at customerservice@cotobeachwear.com and we will notify you if this product comes back in stock or not.

 

  1. Cancellation Policy. Maximum 24 hours- notice of cancellation required. Notification must be made in email to customercare@cotobeachwear.com. If the order has already been shipped, the order cannot be cancelled nor modified.

 

  1. Products. Certain products may be available exclusively online through the Websites. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at a store. We cannot guarantee that your computer monitor’s display of any color will be accurate.  We reserve the right, but are not obligated, to limit the sales of our products 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 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 made on the Websites is void where prohibited.  We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

 

  1. Payment Terms. The total amount of the Purchase Price shall be payable in full by Buyer upon shipment or as otherwise stated at Checkout.  In addition, Coto shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Coto’s costs of collection, including attorney fees, legal fees and costs, and disbursements.

 

  1. Delivery. Unless otherwise agreed in writing, delivery shall be made in accordance with Coto’s shipping policy in effect on the date of shipment. Delivery dates provided by Coto are estimates only. Coto will make reasonable efforts to deliver in accordance with such dates; however, Coto will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Coto, Products shall be packaged according to Coto’s standards and practices.  Under no circumstances shall Coto be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.

 

Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered.

 

  1. Secure Shopping. We guarantee 100% secure ordering for all of our customers.  To protect you and your credit card information, Coto uses technologies and policies such as limited access data-centers, firewall technology; secure socket layer certificate authentication and limitations of administrative access to our systems.  In addition, it is our policy not to send your credit card number via e-mail.  We utilize secure third party security measures such as Paypal and Stripe for acceptance of all credit card payments.  Paypal and Stripe manages the complex routing of sensitive customer information through the credit card processing networks. These companies adhere to strict industry standards for payment processing, including:
  • 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
  • Industry leading encryption hardware and software methods and security protocols to protect customer information.
  • Compliance with the Payment Card Industry (PCI) Data Security Standard.

 

  1. Limited Warranty. Coto products are subject to the following limited warranty(ies).  The warranties provided for herein shall be governed by Coto’s warranty policies in effect on the date of shipment.

 

  1. Disclaimer of Warranty/Limitation of Liability. Coto undertakes no responsibility for the quality of the Products or that the Products will be fit for any particular purpose for which Buyer may be buying the Products, except as otherwise provided in this Agreement, and Coto disclaims all other warranties and conditions, express or implied. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COTO (INCLUDING ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “COTO AFFILIATES”) BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT PRODUCTS, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PERSON OR PROPERTY OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, OR USE OF THE PRODUCTS SOLD BY SELLER, EVEN IF COTO OR ANY OF THE COTO AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

 

IN NO EVENT SHALL COTO OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER OR TWENTY FIVE DOLLARS ($25.00), WHICHEVER IS GREATER.

 

COTO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NEITHER COTO NOR ANY COTO AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE PRODUCTS.

 

  1. Force Majeure. Coto shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Products in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Products or the manufacturing facility for the Products, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Coto, which causes delays or hinders the manufacture or delivery of Products. Coto shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

 

  1. Return Policy:

 

  • Returns are accepted on unworn, unwashed, undamaged and unaltered merchandise ONLY. Please contact us initially at customercare@cotobeachwear.com explain the reason of return, customer name and invoice number. We will indicate the corresponding address to ship the item back to us.
  • If the product received has a defect, please contact us immediately and let us know invoice number.
  • Discounted/ Sale products are final. They are not eligible for refund, exchange or store credit.
  • Cancellations or modifications cannot be made once an order has been shipped.
  • Merchandise must be returned within 15 days of your receipt.
  • Returned items must be resalable. Unused, unaltered, unwashed and with their original tags attached. Coto Beachwear reserves the right to deny the refund if merchandise condition is unacceptable due to the requirements above.
  • Coto Beachwear will refund within 5 business days the amount paid for that item once received, excluding shipping costs. Refunds are issued back to the original method of payment. We will notify you via email once we received the product and once the refund is made. If refund back to the original method of payment is not available, then Coto may mail you a check.
  • Coto Beachwear does not pay for shipping for returned products.
  • Please allow 10 working days to process your return! We only accept returns of products purchased via our Websites.
  • If you want to exchange the product due to size, please return the item and make a new purchase on our Websites. You must pay shipping cost.

 

  1. Shipping Policy. Coto currently only ships within the United States and its Territories. Deliveries may occasionally be delayed due to inclement weather.  Please check directly with the delivery carrier (USPS) for your order if your package has been delayed.  Coto is not responsible for unexpected delays caused by inclement weather or delivery carrier service interruptions.  Coto reserves the right to amend it shipping policy at any time and may select an alternative carrier or manner in which to delivery its Products.

 

  • We offer free shipping for orders over $150 dollars before tax only for US Territory
  • Orders received Friday after 12PM (EST) also during Saturday or Sunday will be processed the next business day. We do not ship orders on weekends or federal US holidays.
  • We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
  • We do not ship International orders at this moment.

 

Shipping for Orders under $150 dollars will be charged as follow:

  • Regular Service $8 – takes 5-10 working days to arrive to its destination.
  • Priority $15 – USPO priority mail takes 2-3 working days to arrive to its destination.
  • Other States as Hawaii/ Alaska/ Puerto Rico $25 – Shipments take on average 5-10 working days to arrive to its destination.

 

  • We offer free shipping for orders over $150 dollars before tax only for US Territory
  • Orders received Friday after 12PM (EST) also during Saturday or Sunday will be processed the next business day. We do not ship orders on weekends or federal US holidays.\
  • We do not ship to P.O. box address.

 

  1. General. The Terms and Conditions of Sale incorporate the Terms and Conditions of cotobeachwear.com, including without limitation, the Arbitration Agreement and Class Action Waiver provisions set forth therein.  Buyer may not assign this Agreement without Coto’s written consent. Coto is the sole intended beneficiary of this Agreement.  If there is any inconsistency between this Agreement and any other agreement included with or relating to the Products, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Coto. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Coto. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Florida, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the state of Florida and hereby waives any objection to such jurisdiction and venue.