Terms & Conditions
BWFitwear Website is owned and operated by BWFitwear LLC. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please contact us with your concerns.
Our Copyright Content
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and Universal Copyright Laws, and is solely the property of bwfitwear.com and BWFitwear LLC. All of BWFitwear’s content and material displayed on the Site, including without limitation, all names, text, graphics, advertisements, trademarks, logos, software, and applications (whether registered or not) is solely the property of their respective owners, partners (including licensors of BWFitwear LLC.) and are protected by International Law regarding Intellectual Property (IP) Laws including but not limited to Copyright and Trademark Laws. All trademarks, service marks and trade names of bwfitwear.com, LLC. used in the site are trademarks or registered trademarks of bwfitwear.com, and BWFitwear LLC.
All Rights Reserved
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BWFitwear LLC. or purchasing on bwfitwear.com products. You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense under the United States and International Law. BWFitwear LLC. will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, bwfitwear.com, LLC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. bwfitwear.com, LLC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. bwfitwear.com, LLC. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
bwfitwear.com, LLC. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if bwfitwear.com, LLC. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a bwfitwear.com, LLC. product is mistakenly listed at an incorrect price, bwfitwear.com, LLC. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. bwfitwear.com, LLC. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, bwfitwear.com, LLC. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by bwfitwear.com, LLC. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
BWFitwear LLC. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to bwfitwear.com, LLC.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of bwfitwear.com, LLC. products) shall be in the state or federal courts located in Galveston, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of bwfitwear.com, LLC. products) must be commenced within one (1) year after the claim or cause of action arises. bwfitwear.com, LLC. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. bwfitwear.com, LLC. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a bwfitwear.com, LLC. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
bwfitwear.com, LLC. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, bwfitwear.com, LLC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, bwfitwear.com, LLC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to bwfitwear.com, LLC. in its sole discretion.
You agree to indemnify, defend, and hold harmless bwfitwear.com, LLC., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, bwfitwear.com, LLC. may link to sites operated by third parties. However, even if the third party is affiliated with bwfitwear.com, LLC., bwfitwear.com, LLC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of bwfitwear.com, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, bwfitwear.com, LLC. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as
We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any BWFitwear web page is prohibited absent our express written permission. Framing, inline linking or other association of this Web Site or its Materials with links, advertisements and/or other information not originating from the Web Site is expressly prohibited.