Terms and Conditions

1. Agreement to Terms

Welcome to Mossimo. These Terms and Conditions (“Terms”) govern your access to and use of the Mossimo website located at https://themossimo.com (the “Website”), including all content, features, products, and services offered through the Website. By accessing or using our Website, you agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree with any part of these Terms, you must not use our Website. We reserve the right to modify these Terms at any time. Your continued use of the Website following any changes constitutes acceptance of those changes.

2. Use of Our Website

2.1 Eligibility

You must be at least 18 years of age to use our Website and make purchases. By using our Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Account Responsibilities

If you create an account on our Website, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that all information you provide is accurate and current

2.3 Prohibited Uses

You agree not to use our Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. Prohibited activities include but are not limited to:

• Violating any applicable local, state, national, or international law
• Transmitting any harmful code, viruses, or malicious software
• Attempting to gain unauthorized access to our systems
• Harvesting or collecting information about other users
• Impersonating any person or entity or misrepresenting your affiliation
• Interfering with the proper functioning of the Website
• Using automated systems to access the Website without our express permission

3. Products and Services

3.1 Product Information

We strive to provide accurate product descriptions, specifications, and imagery on our Website. However, we do not warrant that product descriptions, colors, specifications, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

3.2 Pricing and Availability

All prices displayed on our Website are in U.S. dollars and are subject to change without notice. We reserve the right to modify prices at any time. Product availability is subject to change, and we cannot guarantee that items displayed on our Website will be in stock. If a product becomes unavailable after you place an order, we will notify you and provide a refund or alternative options.

3.3 Orders and Payment

By placing an order through our Website, you make an offer to purchase products according to these Terms. We reserve the right to accept or decline your order for any reason. All payments must be made in U.S. dollars through our approved payment methods. You represent and warrant that you have the legal right to use any payment method you provide to us.

4. Amazon Affiliate Program

Mossimo is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. When you click on product links and make a purchase through Amazon, we may receive a commission at no additional cost to you.

These affiliate relationships do not influence our product selection or the information we provide. We only feature Mossimo brand products and maintain complete editorial independence in all content on our Website. Amazon’s terms and conditions, privacy policies, and return policies apply to all purchases made through Amazon links.

5. Intellectual Property Rights

5.1 Ownership

All content on our Website, including but not limited to text, graphics, logos, images, videos, audio clips, digital downloads, data compilations, and software, is the property of Mossimo or our content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Trademarks

MOSSIMO, MOSSIMO SUPPLY CO, and all related logos, product names, designs, and slogans are trademarks or registered trademarks of Mossimo. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names referenced on our Website are the property of their respective owners.

5.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Website except as necessary for personal use.

6. User-Generated Content

6.1 Submissions

Our Website may allow you to submit comments, feedback, suggestions, testimonials, or other content (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

6.2 Content Standards

You agree that all User Content you submit will be accurate, lawful, and will not violate any third-party rights or applicable laws. You must not submit content that is:

• Defamatory, obscene, offensive, or inappropriate
• Infringing on intellectual property rights
• Containing viruses or harmful code
• Promoting illegal activities or violence
• Soliciting personal information from minors

6.3 Monitoring and Removal

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content that we determine violates these Terms or is otherwise objectionable. We assume no liability for any User Content submitted by users.

7. Privacy and Data Protection

Your use of our Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Website, you consent to our collection and use of personal information as outlined in our Privacy Policy. We implement reasonable security measures to protect your information, but we cannot guarantee absolute security of data transmitted over the internet.

We comply with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and other relevant regulations. You have certain rights regarding your personal information, as detailed in our Privacy Policy.

8. Shipping and Returns

8.1 Shipping

For products purchased through Amazon affiliate links, Amazon’s shipping policies apply. We are not responsible for shipping delays, damages during transit, or delivery issues for orders placed through Amazon. Please contact Amazon directly for shipping-related inquiries.

8.2 Returns and Refunds

Return and refund policies are governed by Amazon’s terms for products purchased through Amazon links on our Website. We encourage you to familiarize yourself with Amazon’s return policies before making a purchase. For direct purchases made through our Website (if applicable), our standard return policy allows returns within 30 days of purchase for unworn, unwashed items in original condition with tags attached.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

OUR WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that our Website or the servers that make it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the accuracy, reliability, or completeness of content on our Website.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOSSIMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use our Website
• Any conduct or content of any third party on our Website
• Any content obtained from our Website
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mossimo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our Website
• Your violation of any third-party rights, including intellectual property rights
• Any User Content you submit or transmit through our Website
• Your violation of any applicable laws or regulations

11. Third-Party Links and Services

Our Website may contain links to third-party websites, including Amazon.com, that are not owned or controlled by Mossimo. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

When you click on affiliate links and make purchases through Amazon, you are subject to Amazon’s terms of service, privacy policy, and return policies. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Los Angeles County, California.

12.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Website shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California. Judgment on the arbitration award may be entered in any court having jurisdiction.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

13. Termination

We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by discontinuing use of our Website and contacting us to request account deletion. We will process your request in accordance with our Privacy Policy and applicable data protection laws.

14. Modifications to Terms and Services

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on our Website and updating the “Last Updated” date. Your continued use of our Website following the posting of changes constitutes acceptance of those changes.

We also reserve the right to modify, suspend, or discontinue any aspect of our Website, including features, products, or services, at any time without notice or liability.

15. Severability and Waiver

15.1 Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

15.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mossimo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our Website, constitute the entire agreement between you and Mossimo regarding your use of our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

17. Special Provisions for California Residents

If you are a California resident, you are entitled to the following specific consumer rights information:

Under California Civil Code Section 1789.3, California users are entitled to know that they may file complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

California consumers have the right to request information regarding the disclosure of their personal information to third parties for direct marketing purposes. As we do not share personal information with third parties for their direct marketing purposes, we are exempt from this requirement.