Terms and Conditions
Swimmer Showcase
Date of Last Revision: March 17, 2009
SECTION 1 – General Terms and Conditions
Terms of Use
Welcome to Swimmer Showcase, a social utility that connects athletes and college coaches and vice versa. The Swimmer Showcase service and network (collectively, " Swimmer Showcase " or "the Service") are operated by Swimmer Showcase, LLC and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.SwimmerShowcase.com (the "Site", you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or
"Agreement"), whether or not you are a registered member of Swimmer Showcase. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your
continued use of the Service or the Site after any such changes constitutes your acceptance of
the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not
use or access (or continue to use or access) the Service or the Site. It is your responsibility to
regularly check the Site to determine if there have been changes to these Terms of Use and to
review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW
DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are
thirteen (13) years of age or older with parent/legal guardians approval. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in
violation of these Terms of Use. By using the Service or the Site, you represent and warrant that
you are 13 or older and have parent/legal guardians approval. A parent or legal
guardian of anyone under the age of 13 may create and manage an account for the minor, and
will take full responsibility for managing the content added to the site.
Registration Data & Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete
information about you as may be prompted by any registration forms on the Site ("Registration
Data"); (b) maintain the security of your password and identification; (c) maintain and promptly
update the Registration Data, and any other information you provide to Company, to keep it
accurate, current and complete; and (d) be fully responsible for all use of your account and for
any actions that take place using your account.
Proprietary Rights in Site Content & Limited License
All content on the Site and available through the Service, including designs, text, graphics,
pictures, video, information, applications, software, music, sound and other files, and their
selection and arrangement (the "Site Content"), are the proprietary property of the Company, its
users or its licensors with all rights reserved. No Site Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part, without the Company's
prior written permission, except that the foregoing does not apply to your own User Content (as
defined below) that you legally post on the Site. Provided that you are eligible for use of the Site,
you are granted a limited license to access and use the Site and the Site Content and to
download or print a copy of any portion of the Site Content to which you have properly gained
access solely for your personal, non-commercial use, provided that you keep all copyright or
other proprietary notices intact. Except for your own User Content, you may not upload or
republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in
any other database or compilation, and any other use of the Site Content is strictly prohibited.
Such license is subject to these Terms of Use and does not permit use of any data mining,
robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site
Content other than as specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized
use may also violate applicable laws including copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms
of Use shall be construed as conferring any license to intellectual property rights, whether by
estoppel, implication or otherwise. This license is revocable at any time without notice and with
or without cause.
Trademarks
SwimmerShowcase, SwimmerShowcase.COM, WWW. SwimmerShowcase.COM, and other Company graphics, logos,
designs, page headers, button icons, scripts and service names are registered trademarks,
trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks
and trade dress may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely to cause confusion
and may not be copied, imitated, or used, in whole or in part, without the prior written
permission of the Company.
User Conduct
You understand that except for advertising programs offered by us on the Site, the Service and
the Site are available for your personal, non-commercial use only. You represent, warrant and
agree that no materials of any kind submitted through your account or otherwise posted,
transmitted, or shared by you on or through the Service will violate or infringe upon the rights of
any third party, including copyright, trademark, privacy, publicity or other personal or proprietary
rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
• harvest or collect email addresses or other contact information of other users from the
Service or the Site by electronic or other means for the purposes of sending unsolicited
emails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service
or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we
deem to be harmful, threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than
those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or
your friends, or (iii) are original art or animation created by you or your friends;
• register for more than one User account, register for a User account on behalf of an
individual other than yourself, or register for a User account on behalf of any group or
entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any
private information of any third party, including, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local, state, national or
international law;
• use or attempt to use another's account, service or system without authorization from
the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits any other person
from using or enjoying the Site, or which may expose Company or its users to any harm
or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness),
messages, notes, text, information, music, video, advertisements, listings, and other content that
you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or
transmit to or share with other users (collectively the "User Content"). You may not post,
transmit, or share User Content on the Site or Service that you did not create or that you do not
have permission to post. You understand and agree that the Company may, but is not obligated
to, review the Site and may delete or remove (without notice) any Site Content or User Content
in its sole discretion, for any reason or no reason, including User Content that in the sole
judgment of the Company violates this Agreement, or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of users or others. You are solely
responsible at your sole cost and expense for creating backup copies and replacing any User
Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof
as we deem necessary in order to facilitate the posting and storage of the User Content on the
Site. By posting User Content to any part of the Site, you automatically grant, and you represent
and warrant that you have the right to grant, to the Company an irrevocable, perpetual, nonexclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to use, copy,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on or in connection
with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other
works, such User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove your User Content,
the license granted above will automatically expire, however you acknowledge that the Company
may retain archived copies of your User Content. Swimmer Showcase does not assert any ownership over
your User Content; rather, as between us and you, subject to the rights granted to us in these
Terms, you retain full ownership of all of your User Content and any intellectual property rights
or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading,
posting or otherwise transmitting on the Swimmer Showcase website or service any materials that violate
another party's intellectual property rights. When we receive proper Notification of Alleged
Copyright Infringement, we promptly remove or disable access to the allegedly infringing material
and terminate the accounts of repeat infringers as described herein in accordance with the
Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any
copyright which you own or control, you may send a written notification of such infringement to
our Designated Agent.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law,
Company has adopted a policy of terminating, in appropriate circumstances and at Company's
sole discretion, members who are deemed to be repeat infringers. Company may also at its sole
discretion limit access to the Site and/or terminate the memberships of any users who infringe
any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites & Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites
("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Applications, Software or Content"). Such Third
Party Sites and Third Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Sites accessed through the Site or any Third Party Applications, Software or
Content posted on, available through or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third
Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or
permitting the use or installation of any Third Party Site or any Third Party Applications, Software
or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party Applications, Software or
Content, you do so at your own risk and you should be aware that our terms and policies no
longer govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any site to which you navigate from the Site or relating to any applications
you use or install from the site.
Share Service
Company offers a feature whereby users of the Site can share with others or post to their own
member profile, videos, articles and other Third Party Applications, Software or Content from,
and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and
agree that your use of the Share Services and all links, User Content or Third Party Applications,
Software or Content shared through the Share Service is subject to, and will fully comply with the
user conduct rules set forth above and the other terms and conditions set forth in these Terms of
Use.
Use of Share Links by Online Content Providers
Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the
requirements set forth below may place a Share Link (as described below), in the form approved
by Company, on pages of their web sites to facilitate use of the Share Service. A Third Party Site
that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and
shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a
button and/or a text link appearing on an Online Content Provider's web page that, upon being
clicked by a user, enables us to launch a sharing mechanism through which users can share with
others or post to their own member profile, links and content from that page.
In the event that the Share Link is a button that contains any icons or other graphic images,
trademarks or other proprietary materials of the Company, Online Content Provider is granted
permission to use such images, trademarks or other materials solely for the purpose of placing
the Share Link on Online Content Provider's site and solely in the current form provided by the
Company. In the event that the Share Link is a text link, it must include the word " Swimmer Showcase " as
part of the link. The rights granted in this paragraph may be revoked by Company at any time
with or without cause in its sole discretion, and upon such termination, Online Content Provider
agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site
must not contain any web content that if shared or posted by a user would be a violation of the
user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees
not to post a Share Link on any web site that contains, and represents and warrants that such
web site does not and will not contain, any content that is infringing, harmful, threatening,
unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or
invasive of privacy or publicity rights or that may expose Company or its users to any harm or
liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend,
indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners and employees, harmless from and against any loss,
liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees,
arising out of or in connection with such Share Link, any links, content or other items or materials
which may be shared or posted through such Share Link, or any breach or alleged breach of the
foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and represents and
warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service
in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), summarize, and distribute the content, links and other
materials of any kind residing on any web pages on which Online Content Provider places the
Share Link.
Swimmer Showcase Pages
Swimmer Showcase Pages are special profiles used solely for commercial, political, or charitable purposes.
You may not set up a Swimmer Showcase Page on behalf of another individual. This includes fan Swimmer Showcase Pages, as well as Swimmer Showcase Pages to support or
criticize another individual or entity.
Swimmer Showcase DOES NOT PRE-SCREEN OR APPROVE Swimmer Showcase PAGES, AND CANNOT
GUARANTEE THAT A Swimmer Showcase PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY
THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A Swimmer Showcase PAGE. NOR IS
Swimmer Showcase RESPONSIBLE FOR THE CONTENT OF ANY Swimmer Showcase PAGE, OR ANY
TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH
ANY Swimmer Showcase PAGE, INCLUDING HOW THE OWNER OF THE Swimmer Showcase PAGE COLLECTS,
HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM. YOU
SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING
INTO ANY TRANSACTION IN CONNECTION WITH A Swimmer Showcase PAGE.
Terms of Sale
Please refer to our Terms of Sale (Section 2 of this document) for the terms, conditions and
policies applicable to your purchase of products or services from Company. By ordering products
or services from Company through the Site, you agree to be bound by and accept the Terms of
Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole
discretion so you should review the Terms of Sale each time you make a purchase.
User Disputes
You are solely responsible for your interactions with other Swimmer Showcase users. We reserve the right,
but have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. By using the Site or the Service, you are consenting to
have your personal data transferred to and processed in the United States.
Swimmer Showcase was created to make it easy to share information College Swim Coaches.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party
Applications, Software or Content posted on the Site or in connection with the Service, whether
posted or caused by users of the Site, by Swimmer Showcase, by third parties or by any of the equipment
or programming associated with or utilized in the Site or the Service. Although we provide rules
for user conduct and postings, we do not control and are not responsible for what users post,
transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter on the Site or in connection with
any User Content or Third Party Applications, Software or Content. The Company is not
responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or
other reasons. Company assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, User communications. The Company is not responsible
for any technical malfunction or other problems of any telephone network or service, computer
systems, servers or providers, computer or mobile phone equipment, software, failure of email or
players on account of technical problems or traffic congestion on the Internet or at any Site or
combination thereof, including injury or damage to User's or to any other person's computer,
mobile phone, or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service, including any Mobile
Client software. Under no circumstances will the Company be responsible for any loss or damage,
including any loss or damage to any User Content or personal injury or death, resulting from
anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or
Content posted on or through the Site or the Service or transmitted to Users, or any interactions
between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE
MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE
PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE
COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE
OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES
NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE
SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU
SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or
contained in the Site and any Services and Platform Applications offered through the Site at any
time without notice. Reference to any products, services, processes or other information, by
trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING
FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF
THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM
THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE
WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO
FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE
RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO
DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any Platform Application and/or prohibit
you from using or accessing the Service or the Site or any Platform Application (or any portion,
aspect or feature of the Service or the Site or any Platform Application) for any reason, or no
reason, at any time in its sole discretion, with or without notice, including if it believes that you
are under 13, and you agree that you have your parents/guardians permission to join Swimmer Showcase.
Governing Law, Venue & Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Maryland,
without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of
any sort that might arise between you and the Company or any of our affiliates. With respect to
any disputes or claims not subject to arbitration (as set forth below), you agree not to commence
or prosecute any action in connection therewith other than in the state and federal courts of
California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of
California.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO
SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES,
THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS
RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE
SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE
FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any
manner infringed upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the
user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that
arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may
be sought; and (b) no disputes or claims relating to any transactions you enter into with a third
party through the Swimmer Showcase website and/or services may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the
"AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's
Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules")
(collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees
for such arbitration shall be determined in accordance with such AAA Rules and shall be subject
to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs
are determined to be excessive in a consumer dispute, the Company will be responsible for
paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable.
The arbitrator's award shall be binding and may be entered as a judgment in any court of
competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE
TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY
ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE
SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall
any claim, action or proceeding by you related in any way to the Site and/or the Service
(including your visit to or use of the Site and/or the Service) be instituted more than three (3)
years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from and against any
loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees,
arising out of or in connection with any User Content, any Third Party Applications, Software or
Content you post or share on or through the Site (including through the Share Service), your use
of the Service or the Site, your conduct in connection with the Service or the Site or with other
users of the Service or the Site, or any violation of this Agreement or of any law or the rights of
any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or
other information about the Site or the Service ("Submissions"), provided by you to Company are
non-confidential and shall become the sole property of Company. Company shall own exclusive
rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Definitions & Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other
similar terms are deemed to include the term "without limitation" immediately thereafter. Terms
used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them
in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the
use of the Site and/or the Service, superseding any prior agreements between you and Company
relating to your use of the Site or the Service. The failure of Company to exercise or enforce any
right or provision of these Terms of Use shall not constitute a waiver of such right or provision in
that or any other instance. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall
be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the validity and enforceability of any
remaining provisions.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
SECTION 2 – Term of Sale
Terms of Sale
Certain products and services may from time to time be made available to you ("you" or "User")
by Swimmer Showcase, LLC or its corporate affiliates (collectively, "us", "we" or "the Company") through
the Swimmer Showcase web site (the "Site") and service ("Swimmer Showcase " or the "Service"). By purchasing any
products or services through Swimmer Showcase, you signify that you have read, understand and agree to
be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your
purchases and your use of Swimmer Showcase are also governed by the Swimmer Showcase Terms of Use ("Terms of
Use"), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice at any time, in Company's
sole discretion, and such changes shall apply to any purchases made after such changes are
posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so
you will understand the terms applicable to such transaction. If you do not agree to these Terms
of Sale, do not make any purchases on Swimmer Showcase.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE
INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE
THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on Swimmer Showcase, you must be a registered Swimmer Showcase User and comply with
these Terms of Sale (including the Terms of Use). You acknowledge that you are responsible for
maintaining the security of, and restricting access to, your account and password, and you agree
to accept responsibility for all purchases and other activities that occur under your account.
Swimmer Showcase sells its products only to those users who can legally make purchases with a credit
card. If you are under 18, you may make purchases on Swimmer Showcase only with the involvement of a
parent or guardian. Swimmer Showcase reserves the right to refuse or cancel orders or terminate accounts,
at any time in its sole discretion.
Delivery
Any tangible property purchased through the Site will be shipped FOB Shipping Point. Title to
such products passes from Company to you upon shipment. With respect to services you
purchase through the Site, you acknowledge and agree that upon making such services available
to you (or to their intended authorized recipients), Company will have fully satisfied its obligation
to deliver or otherwise provide such services, regardless of any failure or inability to use such
services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide
you with new products and services. Company may revise, discontinue or modify products or
services at any time without prior notice to customers, and products or services may become
unavailable without notice. Company shall have no liability of any kind if a product or service that
has been ordered is unavailable. If necessary, Company reserves the right to substitute items of
equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on Swimmer Showcase, however we do not
warrant that any product, service or description, photograph, pricing or other information is
accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site,
in an order confirmation, in processing an order, delivering a product or service or otherwise, we
reserve the right to correct such error and revise your order accordingly if necessary (including
charging the correct price) or to cancel the order and refund any amount charged. In addition,
we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise
or service credit, with a value at least equal to the amount charged to your credit card. Swimmer Showcase
reserves the right to determine and modify from time to time the exact nature of any such
merchandise or service credit, including conversion into one or more different types of
merchandise or service credits. Your sole remedy in the event of such error is to cancel your
order and obtain a refund or credit as set forth above.
Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes
or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee
on a transaction, you will be responsible for such taxes or fees in the event that they are later
determined to be payable on such sale, and , and Company reserves the right to collect such
taxes or other fees from you at any time.
Returns
All tangible merchandise, other than special orders and as otherwise noted by Company, may be
returned to us for a refund of your purchase price when you notify us within 10 days of receipt of
your order. We do not accept returns after this 10-day period. A 20% restocking fee may be
applied to your return, but it shall not apply to returns due to defects or errors by Company. You
are responsible for paying shipping back to the designated location for returned items, unless
such item is being returned due to a product defect or error by Company. You must call first for a
return authorization number, and no merchandise can be returned without a written
authorization number. Items must be unopened, in new condition, and returned in original
shipping containers. All merchandise must be inspected by customer upon delivery. If any box
looks dented or damaged in any way, the driver must make a notation and should mark any
damages. Boxes opened later and then damage noticed without driver making notation, is
considered concealed damage. Some shipping companies do not always cover full refunds on
concealed damage items. Company is not responsible for damaged incurred during shipping.
There are no returns or cancellations for any intangible property or services purchased from
Company, including without limitation Virtual Gift services. All sales are final, noncancelable and
nonrefundable except as expressly set forth in this Agreement or as otherwise determined by
Company in its sole discretion. Swimmer Showcase does not receive any monies/benefits from their partners. Partners are there to give our members discounted merchandise/services. Swimmer Showcase is not responsible with any disputes with Partners.
Disclaimers
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE
PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY COMPANY. COMPANY ITSELF
MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
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