SUBSCRIBER TERMS OF SERVICE
PLEASE NOTE: IF YOU ARE UNDER AGE 18, PLEASE OBTAIN YOUR PARENT'S OR GUARDIAN'S CONSENT TO REGISTER AND SUBSCRIBE. IF YOU ARE UNDER AGE 13, PLEASE HAVE YOUR PARENT OR GUARDIAN REGISTER AND SUBSCRIBE FOR YOU. WE DO NOT PERMIT REGISTRATION AND SUBSCRIPTION BY ANY CHILD UNDER 13 YEARS OF AGE.
This registration governs your subscription of certain subscription-based offerings, which are provided to you via our site at www.swimworkouts.net (and/or successor, affiliated or associated domains or through various mobile or device-oriented distribution platforms). Our sites are referred to as "Swim Workouts Sites" or "Sites." The offerings made available through the Sites are referred to as "Swim Workouts Offerings" or "Offerings" and include these "Subscription-based Offerings" made available at www.swimworkouts.net. Swim Workouts Sites and Swim Workouts Offerings are owned or licensed and operated and distributed by Deepwater Softworks and/or any and all of its affiliates (collectively referred to herein as "Deepwater Softworks" and "we" and through similar words such as "us," "our," etc.). Notwithstanding anything to the contrary contained in these Subscriber Terms of Service, we reserve the right to terminate or refuse any individual user's access to any of Swim Workouts Sites or Offerings for any reason at any time. No part of Swim Workouts Sites or other aspect of Swim Workouts Offerings, including the Subscription-based Offerings, are being offered as a public accommodation of any type or in any manner whatsoever.
These Subscriber Terms of Service may apply to you variously in your capacity or capacities, as follows:
(A) a parent, guardian and/or individual child using any of Swim Workouts Offerings; or
(B) a swim team coach, instructor, owner, leader, personnel or other affiliated or authorized user involved with a swim team or other training group.
Access and Use of Subscription-based and Other Offerings
- One Account Only. You may maintain only one account (i.e., one user name and password combination). You may not register nor maintain multiple accounts. If Deepwater Softworks discovers that you have registered for multiple accounts, Deepwater Softworks may in its sole discretion decide which account(s) to terminate. Without waiving any rights or remedies that may be available to us, Deepwater Softworks shall have no obligation nor liability to you in respect of any such terminated account. Access to and use of Deepwater Softworks Offering are conditioned upon using a self-designated or assigned login and password. The login and password are provided for the use by you as an individual user, and are not transferable to any other users. You agree to maintain your login and password strictly confidential. You will be solely responsible and liable, and Deepwater Softworks shall have no liability, for any and all activities that occur associated with use of your login and password. Misuse of Swim Workouts Sites or Swim Workouts Offerings including improper access of any account area or unauthorized sharing of the login and password, may result, at Deepwater Softworks' sole discretion, in the cancellation of your access and/or account or the pursuit of other remedies.
- For Child Users: If you are a child under 13 years old, you may not register or subscribe for Swim Workouts Offerings without consent and approval from your parent or legal guardian. A child under 13 years old participating on a Training Group may be invited by a Training Group User to use Swim Workouts Offerings and will be permitted to begin the registration process for himself or herself without a parent or guardian but use or access will be restricted until a parent or guardian approves or assumes responsibility for the child user's account. A child that has registered through such Training Group User's and his or her Group Owner's involvement will only be permitted to use Swim Workouts Sites or Offerings for so long as Deepwater Softworks reasonably believes that such access was consented to by the child's parent or guardian based on such Training Group User's or Group Owner's separate actions and representations (see Section 1.d. below).
- Fees. Deepwater Softworks charges fees for access to and use of the Subscription-based Offerings ("Fees"). By agreeing to these Subscriber Terms of Service, you hereby agree to pay all Fees and charges specified on the Swim Workouts Sites for the level of Subscription-based Offerings you are subscribing. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Sites and/or Offerings.
- Changes to Fees; New Fee-based Offerings. Deepwater Softworks may increase the Fees in the future or in the future include new or modified offerings via Swim Workouts Sites or Offerings and charge new or additional fees for the use and access of such new or modified offerings. You will not be charged for any increased Fees or any offerings that are added to, or become fee-based as part of, this or another Subscription-based Offering unless at such time you are notified of such increases or new Fees and are given the opportunity to agree to the same (or thereafter actually commence or continue to access and use the relevant Offerings).
- Payment Methods. Deepwater Softworks will charge any Fees or other payments you authorize, to the account and credit card you designate. You authorize the credit card or account you designate to pay any amounts described herein and authorize Deepwater Softworks, or any other company that acts as a billing agent for Deepwater Softworks, to continue to attempt to charge all sums described herein to your credit card or account when such Fees are owing and until such Fees are paid in full. You agree to update information regarding your credit card and account promptly upon any changes or upon Deepwater Softworks' request, including any time the previously provided or then-existing information is no longer valid. If payment is not received by Deepwater Softworks from your credit card issuer or other payment method, you agree to pay all amounts due upon demand by Deepwater Softworks.
- Credit Card Authorization. If Deepwater Softworks permits you to use a credit card to pay for any Fees related to Swim Workouts Offerings, you will be asked to provide Deepwater Softworks with a credit card number from a card issuer that we accept. Deepwater Softworks may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
- Changes in Price; No Refunds. Deepwater Softworks may at any time, upon notice required by applicable law, change the price of Swim Workouts Offerings or any features thereof, institute new charges or fees, or charge a fee for any of Swim Workouts Offerings or Sites or any part thereof where a fee was not previously charged. All Fees charged are final and nonrefundable.
- Cancellation Policy. You may cancel at any time but you will only be able to cancel future charges associated with a subscription. Depending on your subscription level, this means the subscription will be cancelled at the end of the subscribed period which has already been charged and paid for prior to the cancellation, and will not automatically renew for additional periods. Prior to the effectiveness of your cancellation, you may continue to enjoy the service at the same levels of access and benefits to the full extent of your subscription.
Information about You
- From time to time, you may be required to provide additional information about yourself, and you will be responsible for keeping such information up-to-date and accurate and complete at all times.
- We have the right to send you emails relating to your access or use of Swim Workouts Offerings and/or your registration or account from time to time. Notifications sent to the email address then-associated with your account will be deemed to have been received, even if such email address is not updated or accurate.
- Following termination of your registration, we retain the right to archive and use your information for referring to later in the event you should decide to re-register or otherwise as may be required under applicable law.
Swim Workouts Offerings
- Swim Workouts Offerings and many portions of Swim Workouts Sites provide content and data that are provided by the users such as you, third party suppliers and/or other third party users. Deepwater Softworks has no control over such third party content, and do not endorse and are not responsible or liable for any content, data, products, information or other materials promoted or displayed, or any websites that they may link to. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by use or reliance upon any such content.
- Without limiting the foregoing clause (a) of this Section 4, any informational materials provided on Deepwater Softworks, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Deepwater Softworks makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Swim Workouts Sites or Swim Workouts Offerings. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.
- In connection with accessing any of Swim Workouts Offerings through a website, via a browser or media player, or through use of an app or other software, you are not permitted to download or make copies of any programming content or other materials featured or made available through Swim Workouts Offerings except as may be permitted by "fair use" exception and applicable laws, and in such cases, only for your personal and non-commercial and non-distributed uses.
- Access and use of Swim Workouts Offerings may require use of a media player or other software, application, plug-in or downloadable codec or other coding to make the programming content available or accessible. Any and all such software and accompanying information and data are licensed on a non-exclusive, non-transferable basis to you by Deepwater Softworks. Deepwater Softworks and its suppliers and licensors retain full and complete right, title, and interest in and to any and all such software, other technology and any and all intellectual property rights therein and thereto. You may not redistribute, sell, decompile, reverse-engineer or disassemble any such software or other technology, even if severable from the rest of Swim Workouts Offerings.
- Deepwater Softworks reserves all rights in and to Swim Workouts Sites, Swim Workouts Offerings and any of our third party suppliers' and licensors' content, software and technology, to the extent not expressly granted herein.
Restrictions on Use; Rules of Conduct
- You may not use Swim Workouts Sites or Swim Workouts Offerings for any purpose that is unlawful or prohibited by these Subscriber Terms of Service, or any other purpose not reasonably intended by Deepwater Softworks.
- You are not allowed to create a database, collection, arrangement or compilation comprising all or any portion of the materials appearing on Swim Workouts Sites or acquired via access or use of any Deepwater Softworks Offering(s). Without limiting the foregoing, without Deepwater Softworks' express prior approval in writing, you will not engage in any systematic extraction of data or data fields from Swim Workouts Offerings even if your intention or purpose may not be to create a database collection, arrangement or compilation.
- Subscription to Swim Workouts "Developer API" Offering permits the use of data to create arrangements, and compilations of a portion of materials appearing on Swim Workouts Sites. This portion of material will be dictated by the functionality created by the API and may not be circumvented in any way.
- You may not use the "Developer API" Offering to create a database or data store of materials appearing on Swim Workouts Sites. All data obtained via the API must be used for display purposes only and not stored in any manner for later retrieval outside of the "Developer API".
- No data, content or other materials made available on any Deepwater Softworks Site(s) or otherwise through use or access of any Deepwater Softworks Offering(s) may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, shown in public performance, sold, licensed, or otherwise exploited for any purposes whatsoever. The foregoing does not limit your ability to use data, content or other materials (such as personal contact and related information) provided by you in your capacity as an individual user, you may use such information within the context of Deepwater Softworks' products and services for your own personal uses, subject to any obligations or limitations of authorization you may be subject to.
- You will not:
- decompile, disassemble or otherwise reverse engineer any media player, app or other software component of any Swim Workouts Offerings, or use similar means to discover the source code or trade secrets therein, or otherwise circumvent any technological measure that controls access thereto;
- encumber, transfer, sublicense, distribute, reproduce, create derivative works from or otherwise modify any products or services made available through access to Deepwater Softworks Offering;
- rent, lease, sell, assign or otherwise transfer rights in or to, or make available for timesharing, application service provider or service bureau use, Swim Workouts Offerings in whole or in any part;
- use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of Swim Workouts Offerings;
- disclose, harvest, or otherwise collect information, including e-mail addresses, or other private information about any third party without that party's express consent; or
- knowingly permit any third party to do any of the foregoing. e. You agree not to take any of the following actions in connection with your access to Swim Workouts Sites or use of any Swim Workouts Offerings:
- feature, submit, publish, describe, refer to or include any personal information, such as first and last name, address or other identifying characteristics or traits, about any individual without their express consent; notwithstanding anything to the contrary, you may not feature or include any personal information about any child under the age of 13 (including, without your parent's or guardian's consent, your own information if you are yourself under 13 years of age) for any reason whatsoever;
- abuse, harass, threaten, impersonate or intimidate others, or post on Swim Workouts Sites or via any Swim Workouts Offerings, or transmit to other users via Swim Workouts Sites or Swim Workouts Offerings, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material;
- contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- engage in any activity intended to obtain password, account, or private information from any user;
- transmit unwanted email or other communications;
- submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
- take any action that might impose an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of Swim Workouts Sites or Swim Workouts Offerings or any other activities conducted on Swim Workouts Sites or via any Swim Workouts Offerings; or
- bypass any measures we may use to prevent or restrict access to Swim Workouts Sites or Swim Workouts Offerings.
- Notwithstanding anything to the contrary contained in these Subscriber Terms of Service or any agreement involving Deepwater Softworks, no information submitted by you as an individual shall in any way be deemed to be privacy protected, confidential or proprietary, even if you expressly label such information to be private, personal, confidential or proprietary. Deepwater Softworks has no privacy or confidentiality obligations to you in respect of such information to you personally. Any information you may post or communicate using the functionality of any of Swim Workouts Offerings or in public, broadcast, generally accessible or multi-recipient communication to Deepwater Softworks or any party affiliated with Deepwater Softworks will be deemed to be "known by the general public" and Deepwater Softworks shall bear no fault, responsibility, obligation or liability therefor, even if Deepwater Softworks Offering was used in part in relation thereto.
Client acknowledges that Deepwater Softworks or one or more of its other affiliates (and its and their respective licensors and suppliers) own all right, title, and interest in (i) any and all Swim Workouts Offerings, including without limitation any software and other intellectual property therein or provided in connection therewith; and (ii) all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names used by Deepwater Softworks in connection with providing the products and services. Deepwater Softworks welcomes any suggestions on improving any Deepwater Softworks Offering, but in making such suggestions, Client acknowledges and agrees that such suggestions will become the property of Deepwater Softworks, and Deepwater Softworks has no obligation to compensate Client for such suggestions. Client's right to use Deepwater Softworks Offering does not include a license to the underlying technology used to provide any Deepwater Softworks Offering.
WARRANTY DISCLAIMER/LIMITATION OF LIABILITY
- YOU AGREE THAT YOUR ACCESS AND USE OF SWIM WORKOUTS SITES AND SWIM WORKOUTS OFFERINGS SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES MADE AVAILABLE ON OR BY WAY OF SWIM WORKOUTS SITES AND/OR SWIM WORKOUTS OFFERINGS ARE PROVIDED TO YOU "AS IS."
- TO THE FULLEST EXTENT PERMITTED BY LAW, DEEPWATER SOFTWORKS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SWIM WORKOUTS SITES, SWIM WORKOUTS OFFERINGS, OUR OTHER PRODUCTS AND/OR SERVICES, AND YOUR USE OF ANY THEREOF.
- DEEPWATER SOFTWORKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON SWIM WORKOUTS SITES, VIA SWIM WORKOUTS OFFERINGS, OR ANY SITES OR OTHER RESOURCES OR SERVICES ACCESSIBLE THEREBY OR THEREFROM, OR ANY OTHER REPORTING, INSIGHT, ANALYTICS OR ADVICE THAT YOU MAY RECEIVE FROM US, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SWIM WORKOUTS SITES OR SWIM WORKOUTS OFFERINGS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SWIM WORKOUTS SITES OR SWIM WORKOUTS OFFERINGS, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SWIM WORKOUTS SITES OR USE OF SWIM WORKOUTS OFFERINGS BY ANY THIRD PARTY.
- DEEPWATER SOFTWORKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN ANY CONTENT FEATURED OR LINKED FROM SWIM WORKOUTS SITES OR VIA SWIM WORKOUTS OFFERINGS.
- IN NO EVENT WILL DEEPWATER SOFTWORKS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR COSTS OF PROCURING ALTERNATIVE CONTENT OR PROGRAMMING) ARISING OUT OF OR IN CONNECTION WITH THESE SUBSCRIBER TERMS OF SERVICE, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DEEPWATER SOFTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. DEEPWATER SOFTWORKS' TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED DOLLARS.
- THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Change of Status; Termination.
Your access or use of all or any aspect of the services and/or products availed by Deepwater Softworks including without limitation all or any aspects of Swim Workouts Offerings, may be suspended or terminated by us at any time in our sole discretion. You may appeal our decision to terminate or suspend your access or use thereof by sending us an email to email@example.com. To the extent we terminate or suspend your access or use thereof, our sole obligation will be to consider such an appeal, and our decision on such appeal will be in our sole discretion and shall be final and binding. All of your obligations (but not the benefits except as expressly provided herein) and Deepwater Softworks' rights provided in these Subscriber Terms of Service shall survive any termination or suspension of your account or access/use rights.
- These Subscriber Terms of Service shall be governed by the internal laws of the State of New Hampshire, without regard to conflicts of law principles.
- If any provision of these Subscriber Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Subscriber Terms of Service, which shall remain in full force and effect. All terms and conditions that by their terms are intended or reasonably expected to survive any termination or expiration hereof shall survive any termination or expiration for whatever reason.
- No waiver of any term of these Subscriber Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Subscriber Terms of Service shall not constitute a waiver of such right or provision.