Privacy & Usage
Welcome to CapriGirlSandals.com (the “Site”), owned and operated by Capri Girl LLC (“Capri Girl”, “We”, or “Us”). By accessing the Site, you are agreeing to be bound by these Terms and Conditions of Use (the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Site.
From time to time, Capri Girl may (a) supplement or make changes to these Terms, access and use procedures, documentation, security procedures, standards for equipment or other rules, (b) change the type and location of Capri Girl system equipment, facilities, or software, or (c) modify or withdraw any particular service or product referred to in the Site or any Capri Girl database, material, service, or system. Capri Girl does not, however, make any commitment to update the Site. Capri Girl reserves the right to terminate access to the Site or take other actions it reasonably believes necessary to comply with the law or to protect its rights or customers. Any access or attempt to access or use the Site for any unauthorized or illegal purpose is strictly prohibited.
Accessing the Site does not grant you a free license to any of the material on the Site. Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Capri Girl at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Except as otherwise identified, the trademarks, including names, logos, slogans, and service marks, appearing at the Site, whether registered or unregistered, are the property of Capri Girl. Such marks are not to be copied, reproduced, published, or in any way used without the written permission of Capri Girl or the identified owner of the trademark. Except as otherwise identified, the copyright in all content of the Site, including but not limited to text, artwork, images, logos, and photographs, is owned by Capri Girl. No part of the Site may be published, stored, or transmitted in any form or means without the express written permission of Capri Girl. In accordance with these Terms you may download content displayed on the Site for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the content. By agreeing to these Terms, you agree not to display or use any Capri Girl intellectual property without prior permission from Capri Girl.
Without Capri Girls prior written consent, which may be given or withheld at Capri Girl’s sole discretion, you may not: (a) resell, sublicense, rent, lease, or otherwise publicly distribute any Capri Girl information, services, materials, database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to the Site or Capri Girl information, services, materials, database, or system to export or re-export technical data in violation of U.S. export control laws and regulations; c) use or access the Site or any Capri Girl information, services, materials, database, or system in violation of, or post any information to any Capri Girls owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party, or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any Capri Girl information, service, material, database, or documentation, except as permitted by Capri Girl; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate, or convert any portion of Capri Girl databases or system, or the selection, coordination, or arrangement of products or services in any Capri Girl database.
Capri Girl does not authorize the purchase of merchandise for resale. To enforce this, we may in our sole discretion, limit or cancel quantities purchased. We reserve the right to put a stop on orders that involve distributors or resellers.
Capri Girl does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Site, nor the quality of any products, information, or other materials or services displayed, obtained, or purchased by you as a result of your use of the Site or any Capri Girl service, database, materials, or system. Capri Girl does not warrant that any of the materials on the Site are complete or current. The materials appearing on the Site could include technical, typographical, or photographic errors. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Capri Girl reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of the Site or any Capri Girl service, database, materials, or system at any time, with or without notice to you.
ALL INFORMATION, PRODUCTS OR CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. Capri Girl DOES NOT WARRANT THAT ANY INFORMATION, PRODUCT, CONTENT, OR OTHER MATERIAL IS COMPLETE, ACCURATE, RELIABLE OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY Capri Girl PRODUCT, SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS, OR DATA USED WITH OR THROUGH OR PROVIDED BY Capri Girl, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, PRODUCTS, SERVICES, SYSTEMS, DATABASES, OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL Capri Girl AND EACH OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SITE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE SITE, ANY Capri Girl INFORMATION, PRODUCT, SERVICE, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING, AND BREAK-INS AND THAT WHILE Capri Girl WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, Capri Girl DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS, AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THE SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS, OR OTHER MATERIAL.
YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THE SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR, OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE, OR DATA OF OR ANY OTHER USER OF ANY Capri Girl INFORMATION, SERVICES, DATABASES, MATERIALS, OR SYSTEM. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD Capri Girl HARMLESS FROM ANY LIABILITY, CLAIM, COST, OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY ANY SUCH VIRUS OR CODE OR SUBROUTINE.
NEITHER Capri Girl NOR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS OR REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES, OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES, DAMAGES, OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED SITE, OR ANY Capri Girl INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, OR THE FAILURE, NON-COMPLIANCE, OR LIMITED AVAILABILITY OF ANY INFORMATION, PRODUCT, CONTENT, OR SERVICE PROVIDED BY Capri Girl THROUGH THE SITE, ANY INFORMATION PROVIDED IN THE Capri Girl SYSTEM, OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THE SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT Capri Girl IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
You are prohibited from violating or attempting to violate the security of the Site and from using the Site to violate the security of other Sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Capri Girl packet header or any part of the header information in any e-mail, instant message, text message or social media posting. Violations of system or network security may result in civil or criminal liability. Capri Girl may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.
Capri Girl has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked Site. The inclusion of any link does not signify endorsement by Capri Girl of the Site. Use of any such linked Site is at the user's own risk.
Capri Girl has made every effort to display products on the Site exactly as they appear. Please note that displayed colors vary depending on your computer screen. Capri Girl is not responsible for discrepancies that exist between actual images and their descriptions and the way they appear on your monitor. Final sale products are final sale even if you claim such a discrepancy.
You may have the right to “opt in” and/or “opt out” of certain of our uses of your personal information. For example, at times when you are requested to provide personal information on this Site or in connection with our communications, you may have the opportunity to elect to, or not to receive correspondence from us. You may opt out of our promotional e-mails by clicking on an opt-out or “unsubscribe” link within the promotional e-mail you receive. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
While we will endeavor to protect the security and integrity of any sensitive personal information that may be provided by our users to this Website, complete security is not always possible. Due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from unauthorized access or use.
It is important to remember that you too play a role in the security of your information. You are responsible for maintaining the confidentiality of your account password, and because your password may permit access to your personal information, please keep your password secret and do not disclose it to others. We have the right to assume that anyone accessing the Website using your account and password has the right to do so. You will be solely responsible for the activities of anyone accessing the Website using your account and password, even if the individual is not, in fact authorized by you. Please notify us immediately if you learn of any unauthorized use of your account or password, or any other breach of security.
In the unlikely event that we believe that the security of any user’s personal information in our possession or control may have been compromised, we may seek to notify such user of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
By visiting the Site, you hereby agree to defend, indemnify and hold harmless Capri Girl and its officers, directors, shareholders, employees, contractors, agents and representatives from and against any and all claims, liabilities, damages, losses or expenses (including without limitation, attorneys’ fees), arising from your access to or use of the Site, your violation of these Terms, or the posting or transmission of any materials on or through the Site by you.
If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of the Site, the information, content, services or other materials provided herein, and any and all other matters between Capri Girl and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Florida, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to the Site or any Capri Girl information, content, service, or other product. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand, or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to these Terms shall be in the state and federal courts situated in Palm Beach County, Florida.
To contact us with any questions in connection with these Terms, please refer to the Contact Us page on caprigirlsandals.com