1. INTRODUCTION

This website is operated by Aqua Morada, LLC. Throughout the site, the terms “we”, “us”, and “our” refer to Aqua Morada, LLC.

By visiting our site and/or making a purchase from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms” or “Agreement”) as well as our Privacy Policy, our shipping, payment and return Policy which are incorporated by reference into these Terms. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please review these Terms of Service carefully before accessing or using our website. By accessing, using and/or downloading any materials or content from the website, you are acknowledging that you have
read, understand, and agree without limitation or qualification, to follow and be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the website after the publication of these Terms shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page for changes before re-accessing or re-using the website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The store on our website is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you may not us our products for any illegal or unauthorized purpose and you are also prohibited from violating any laws in your jurisdiction (including but not limited to copyright laws).

This website has been developed for use by customers and intended customers. In accessing or using our website, you must not transmit any worms or viruses or any code of a destructive nature. You agree not to use the website in any way that causes or is intended to cause access or the website to be damaged, interrupted, or impaired in anyway including but not limited to: A breach or violation of any of the Terms will result in an immediate termination of our Services to you.

 

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the Service, or access to the Service or any contact on the website through which the service is provided,
without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does
not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. We attempt to be as accurate as possible when describing our products on the Website; however, to the extent
permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.  All features, content, specifications, products, colors and prices of products and services described or depicted on this Website are subject to change at anytime without notice. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

4. INTELLECTUAL PROPERTY

 All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, content and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Aqua Morada, our affiliates, partners or licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Aqua Morada, our affiliates, partners or licensors, in the Unite
States and other countries, and are protected by United States and
international trademark laws.

Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited,
in whole or in part, for any purpose without our prior written consent. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. Also, you may not "mirror" or “archive” any Materials contained on the Website on any other server without Aqua Morada’s prior express written permission. Requests for permission should be directed to info@aquamorada.com

 

5. MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without
notice.

We reserve the right at any time to modify or discontinue
the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.

 

6. PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively
online through the website. These products or services 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 the store. We cannot guarantee that your computer monitor's display of any color will be
accurate.

The products and services available on the Website, and
any gifts thereof we may provide to you, are for personal, noncommercial use.
You may not sell or resell any of the products or services, or gifts that you
purchase or otherwise receive from us.

We reserve the right, but are not obligated, to cancel or
limit the sales of our products or Services 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 or services that we offer.
All descriptions of products or product pricing are subject to change at any
time without notice, in our sole discretion. We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited.

The inclusion of any products or services in this Website
at a particular time does not imply or warrant that those products or services
will be available at any time. While it is our practice to confirm orders by
email, the receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice and in our sole and
absolute discretion, to limit the order quantity on any product or service, to
refuse service to any customer and/or to refuse access to the Website by any
visitor or customer. We also may require verification of information prior to
the acceptance and/or shipment of any order. We do not warrant that the quality
of any products, services, information, or other material purchased or obtained
by you will meet your expectations, or that any errors in the Service will be
corrected.

 

7. ACCURACY OF
BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with
us. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate
purchase and account information for all purchases made at our store. You agree
to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.

For more
detail, please review our Returns Policy.

 

8. CONSENT

We assume all sales are made to persons over the age of
18. If you are under 18, you need to have the involvement of a parent or
guardian.

9. PAYMENT

Payment is only accepted by means of those displayed on
the Payments page at Checkout. We are unable to process any other payment form.

10. FRAUD PROTECTION

We reserve the right to refuse to process an order due to
suspected fraud or unauthorized or illegal activity. If such is the case, we
may reject your order or our customer service may call you at the phone number
you provided to confirm your order. We also reserve the right to cancel any
accounts or refuse to ship to certain addresses due to suspected fraud or
unauthorized or illegal activity. We reserve the right to cancel any order
using any promotion or promotional code, at our sole discretion. If any order
cancellation occurs you will be credited in full for the cancelled order(s). We
take these measures to protect our customers as well as ourselves from fraud or
other unauthorized or illegal activity.

In the event of any perceived abuse(s) of Aqua Morada
satisfaction guarantee, to be determined at the sole discretion of Aqua Morada,
a return or multiple returns may not be honored.

11. OPTIONAL TOOLS

We may provide you with access to third-party tools over
which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such
tools “AS IS” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement by us. We shall have no
liability whatsoever arising from or relating to your use of optional
third-party tools.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

Any use by you of optional tools offered through the site
is entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).

We may also,
in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.

 

12. THIRD-PARTY
LINKS

Certain content, products and services available via our
Service may include materials from third-parties.

Third-party links on this site may direct you to
third-party websites that are not affiliated with us, our affiliates or our
partners of the referenced content, product, service or supplier, except as
specifically stated otherwise by Aqua Morada. Please note that the rules and
privacy policies of linked sites may differ from those of Aqua Morada and
should be reviewed by you when you use the link to access the other site. We
are not responsible for examining or evaluating the content or accuracy and we
do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third-parties. We may, in our sole discretion, request that you
remove any link to the Website, and upon receipt of such request, you shall
immediately remove such link.

We are not
liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any
transaction. It is your responsibility to take precautions to ensure that
whatever you select for your use is free of viruses or other items of an
intrusive nature. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the appropriate third-party.

 

 

13.  USER COMMENTS,
FEEDBACK, AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions
(for example contest entries), or without a request from us, you send creative
ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute,
translate, sell, assign, create derivative works, and otherwise use in any
medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or
remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.

You agree that your comments will not
violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain (a) libelous or
otherwise unlawful,
defamatory, abusive, harassing, threatening, or be an invasion of a right of
privacy of another person; (b) bigoted, hateful, or racially or otherwise
offensive; (c)  violent, vulgar, obscene,
pornographic or otherwise sexually explicit; (d) otherwise harms or can
reasonably be expected to harm any person or entity; (e) or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.

We reserve the
right, but disclaims any obligation or responsibility, to (a) refuse to post or
communicate or remove any Submission from any Aqua Morada site that violates
these Terms of Use and (b) identify any user to third parties, and/or disclose
to third parties any Submission or personally identifiable information, when we
believe in good faith that such identification or disclosure will either (i)
facilitate compliance with laws, including, for example, compliance with a
court order or subpoena, or (ii) help to enforce these Terms of Use and/or
protect the safety or security of any person or property, including any Aqua
Morada site. Moreover, we retain all rights to remove Submissions at any time
for any reason or no reason whatsoever.

 

14. CHILDREN

 

We do not accept Submissions from persons under the age
of 13 (“Child” or “Children”). Furthermore, we do not accept any user who is a
Child. You are ineligible to use this Website if you are under the age of 13.
If you are under the age of 18, you must have your parent or legal guardian set
up your account and have them agree to these terms. If you are under the age of
18, your parent or legal guardian’s consent to these terms is ongoing and they
hereby warrant that they will review these terms for changes, and if any occur,
that they will be amenable thereto until you reach age 18, at which point you
hereby give your consent to these terms. Furthermore, to the extent any user
under the age of 18 makes a Submission of copyrighted materials heretofore,
their parent or legal guardian hereby grants Aqua Morada all rights to utilize
the copyright and image / likeness embodied therein as further enumerated in
this Agreement.

All
Submissions must be true, and in accordance with the rights of privacy and
publicity and all federal, state and international law. You may not upload an
image or any likeness of another without their consent (or the consent of their
parent or guardian if they are under the age of 18). If you do so, we reserve
the right to cancel or suspend your account. Furthermore, we reserve the right
to cancel or suspend your account, if in its sole discretion, it believes you
are using Aqua Morada for improper purposes, or any purpose inconsistent with
its business.

 

 

15. PERSONAL
INFORMATION

Your
submission of personal information through the store is governed by our Privacy
Policy. For more information, view our Privacy Policy.

 

 

16. ERRORS,
INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in
the Service that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).

We undertake
no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.

 

17. PROHIBITED USES

In addition to
other prohibitions as set forth in these Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.

 

18. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use
of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained
from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the
Service for indefinite periods of time or cancel the Service at any time,
without notice to you.

You expressly agree that your use of, or inability to
use, the Service is at your sole risk. The Service and all products and
services delivered to you through the Service are (except as expressly stated
by us) provided 'AS IS' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.

In no case shall Aqua Morada
Beachwear, LLC, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the Service or
any products procured using the Service, or for any other claim related in any
way to your use of the Service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the Service or any content (or product)
posted, transmitted, or otherwise made available via the Service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to a
refund or replacement.

 

 

 

19. INDEMNIFICATION

You agree to indemnify, defend and
hold harmless Aqua Morada Beachwear, LLC and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.

 

Aqua Morada shall have no
indemnification obligation or other liability for any claim of infringement
arising from (a) use of the Website and/or the goods, services or Materials
associated with the Website other than in accordance with this Agreement; (b)
the combination of the Website and/or the goods, services or Materials
associated with the Website with any other products, services, or materials; or
(c) any third party products, services, or materials.

20. SEVERABILITY

In the event that any provision of
these Terms of Service is determined to be unlawful, void or unenforceable,
such remaining provisions shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.

 

21. TERMINATION

These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services, or when you
cease using our site.

If in our sole judgment you fail,
or we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof). For clarification and avoidance of doubt,
the obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes. We reserve the
right to change, suspend, or discontinue all or any aspect of this Website at
any time without notice.

 

22. YOUR
OBLIGATIONS AND RESPONISBILITES

In the access or use of the Website, you shall comply
with these Terms and Conditions and the special warnings or instructions for
access or use posted on the Website. You shall act always in accordance with
the law, custom and in good faith. It is strictly prohibited to use or contact
this Website to disrupt or damage the Website, its contents or its security
measures or to harass or disparage Aqua Morada or its products or services or
personnel. No unsolicited email (spam) may be directed to or through this
Website. Users may not use this Website in order to transmit, distribute, store
or destroy material (a) in violation of any applicable law or regulation, (b)
in a manner that will infringe the copyright, patent, trademark, trade secret
or other intellectual property rights of others or violate the privacy or
publicity or other personal rights of others, or (c) that is libelous, obscene,
threatening, abusive or hateful.

You will comply with all applicable local, state,
national and foreign laws, treaties, regulations and conventions in connection
with your use of the Website, including without limitation those related to
data privacy, international communications, and the exportation of technical or
personal data from locations other than the location from which Aqua Morada
controls and operates the Website and services associated therewith.
Furthermore, you expressly agree not to violate any rights of publicity or
privacy of any person, nor defame any person or entity.

 

If you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions (including our Privacy
Policy), you shall be liable for all the losses and damages that this my cause
to Aqua Morada, our affiliates, partners and licensors.

23. YOUR ACCOUNT

You may choose to register at our Website. If you do, you
will have an email address/username and password for your account. You are
responsible for maintaining the confidentiality of your account, username and
password and for restricting access to your computer. You agree to accept
responsibility for all activities that occur under your account, username
and/or password. You agree to provide only accurate, truthful information. We
reserve the right to refuse service and/or terminate accounts without prior
notice if you violate these Terms and Conditions or if we decide, in our sole
discretion, that it would be in Banana Moon’ best interests to do so.

24. REWARDS PROGRAM

You are eligible to participate in the Rewards Program
once you establish an account with Aqua Morada. Points are allocated to you
only upon making bona fide purchases where payment is actually received by Aqua
Morada. Aqua Morada shall have complete discretion in making any determination
as to the validity of your purchase and/or any subsequent return of merchandise
and the points given or reduction of points resulting there from. Aqua Morada
shall have complete discretion in managing the Rewards Program generally.
Points are allocated in accordance with the rewards program in effect at the
time of purchase. The Rewards Program is subject to changed, being suspended,
or discontinued at any time without notice, all at the sole discretion of Aqua
Morada. Points have no cash value and cannot be redeemed or exchanged for
cash.  

25. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision.

These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service constitutes the
entire agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.

 

26. GOVERNING LAW

This Agreement and the use and
performance of the Service and all suits and special proceedings brought under
this Agreement or use or access of the Service, be construed in accordance with
and under and pursuant to the laws of the State of Virginia, without reference
to any conflicts of law principles, and that, in any action, special proceeding
or other proceeding that may be brought arising out of, in connection with, or
by reason of this Agreement or the Service, the laws of Virginia shall be
applicable and shall govern to the exclusion of the law of any other forum,
without regard to the jurisdiction in which any action or special proceeding
may be instituted. Further any such actions shall be brought in a court of
competent jurisdiction located in Henrico County, Virginia or as close thereto
as practicable.

 

27. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of
Service at any time at this page.

We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check
our website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.

 

28. CONTACT US

If you have any questions about these Terms, or if you
would like to request permission to use any Materials, please contact our Customer Care
Department at info@aquamorada.com