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We have updated our Privacy Policy and Terms of Service effective May 25, 2018.

WEBSITE TERMS OF USE
EFFECTIVE: 6/22/2016
 
The website located at www.everythingbutwater.com, including the mobile versions of such websites (collectively the “Websites”) is a copyrighted work belonging to Orlando Bathing Suit, LLC (“OBS”, “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.  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.
 
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
 
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 Site or Services to which the additional terms apply.
 
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY OBS IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, OBS will make a new copy of these Terms available at http://www.everythingbutwater.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 users of the Websites and will be effective thirty (30) days after posting notice of such changes for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes or thirty (30) days after dispatch of an e-mail notice of such changes to users.  OBS 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 use certain features of the Websites, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Websites.  OBS may suspend or terminate your Account in accordance with Section 9. 
 
1.2 Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify OBS of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  OBS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
 
2. ACCESS TO THE WEBSITES 
 
2.1 License.  Subject to these Terms, OBS 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; and (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.  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.  OBS 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 OBS 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 OBS 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 by OBS or OBS’s suppliers.  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. OBS and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.
 
3. MAKING PURCHASES. If you wish to purchase any products or services 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. 
 
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services 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 or services on the Websites at a particular time does not imply or warrant that these products or services 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 or service; 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. 
 
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. 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.
 
4. POLICIES.  Information regarding our payment, order processing, shipping and return policies can be found at: http://www.everythingbutwater.com/customer-service.html.
 
5. INDEMNIFICATION.   You agree to indemnify and hold OBS (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.  OBS 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 OBS.  OBS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
 
6. THIRD-PARTY LINKS & ADS; OTHER USERS
 
6.1 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 OBS, and OBS is not responsible for any Third-Party Links & Ads.  OBS 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.
 
6.2 Other Users.   Your interactions with other Websites users are solely between you and such users.  You agree that OBS 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.
 
7. DISCLAIMERS 
 
THE WEBSITES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND OBS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM 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 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.  
 
8. LIMITATION ON LIABILITY
 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OBS (OR OUR SUPPLIERS) 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 OBS 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), WILL AT ALL TIMES BE LIMITED TO GREATER OF (A) THE FEES YOU HAVE PAID TO OBS DURING THE TWELVE (12) MONTHS IMMEDIATELHY 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.   
 
9. 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.   OBS 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.
 
10. GENERAL
 
10.1 Limitations Period.  YOU AND OBS 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 WEBSITESMUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 
10.2 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.  Please read this Section (“Arbitration Agreement”) carefully.  It is part of your contract with OBS 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 or service provided by OBS 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 OBS, 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 OBS should be sent to: Business & Legal Affairs, Everything But Water, 5337 Millenia Lakes Boulevard, Suite 400, Orlando, FL 32839.  After the Notice is received, you and OBS may attempt to resolve the claim or dispute informally.  If you and OBS 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.  Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 
 
(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 OBS, 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 OBS.  
 
(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 OBS in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND OBS 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 OBS.
 
(k) Small Claims Court.  Notwithstanding the foregoing, either you or OBS may bring an individual action in small claims court.
 
(l) Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court 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.
 
(m) Courts.  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 Orange County, Florida, for such purpose.
 
10.3 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.
 
10.4 Force Majeure.  OBS 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.
 
10.5 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 OBS, or any products utilizing such data, in violation of the United States export laws or regulations. 
 
10.6 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.
 
10.7 Release.  You hereby release and forever discharge the OBS (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.”
 
10.8 Notice.  Where OBS requires that you provide an e-mail address, you are responsible for providing OBS with your most current e-mail address.  In the event that the last e-mail address you provided to OBS is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, OBS’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to OBS at the following address:  Business & Legal Affairs, Everything But Water, 5337 Millenia Lakes Boulevard, Suite 400, Orlando, FL 32839.  Such notice shall be deemed given when received by OBS by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
 
10.9 Electronic Communications.  The communications between you and OBS use electronic means, whether you use the Websites or send us emails, or whether OBS posts notices on the Websites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from OBS in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OBS 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.
 
10.10 International Users.  The Websites can be accessed from countries around the world and may contain references to products and services that are not available in your country.  These references do not imply that OBS intends to make available such products and services in your country.  The Websites are controlled and offered by OBS from its facilities in the United States of America.  OBS makes no representations that Websites or such products and services 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.
 
10.11 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 OBS is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without OBS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  OBS may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees. 
 
10.12 Copyright/Trademark Information.  Copyright © 2015 Orlando Bathing Suit, 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.
 
10.13 Contact Information:
 
Everything But Water
5337 Millenia Lakes Boulevard, Suite 400
Orlando, FL 32839
P: 888.796.6661 F: 407.351.0106
Hours: Mon-Fri 9am-5pm EST