Welcome to SwimWorkouts.net!
This is a site owned and operated by Deepwater Softworks, and any other affiliated companies (collectively referred to herein as "Deepwater Softworks", "Swim Workouts" and "we" and through similar words such as "us," "our," etc.).
We are located on the Internet primarily at the URL www.swimworkouts.net (and/or at successor, affiliated or associated domains or through various mobile or device-oriented distribution platforms, though any of these URLs or others may change or one or both may be discontinued or redirected to another URL, in our discretion) (the "SwimWorkout.net Sites" or "Sites").
This site hosts, publishes and distributes content and other offerings (which may be made available for free or by registration and/or paid subscription) provided by Deepwater Softworks, its affiliated companies, its suppliers and licensors, and various other third parties we have engaged with ("Swim Workouts Offerings" or "Offerings"). Many parts of this site feature content produced by our users, such as you. We may change or discontinue any aspect or feature of the site or our offerings at any time.
Subscription-Based Offerings. Select Swim Workouts Offerings may require subscription for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Sites. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Deepwater Softworks reserves the right to change the fees at any time in its sole discretion. Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Deepwater Softworks reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites or in any of Swim Workouts Offerings is inaccurate at any time without prior notice (including after you have submitted your order). Any change, update, or modification will be effective immediately upon posting on our Sites.
Subscription Terms; Auto-Renewal. Subscriptions will remain in effect until the end of the selected term. Subscriptions are automatically recurring, but recurring action can be terminated at any time* Once a subscription is enacted, no refunds will be granted. If a recurring subscription is cancelled, the content will remain accessible by the subscriber until the end of the subscribed term.
Transactions on Sites. Deepwater Softworks reserves the right to refuse any order placed on the Site or for any of Swim Workouts Offerings, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Deepwater Softworks makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Deepwater Softworks reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.
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 Swim Workouts Sites or any part 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.
Account Information. If you access and use areas of the Sites that require a registration or subscription, you may be assigned or be asked to select a User Name and password. In such cases, you will be agreeing to be governed by the Subscriber Terms of Service as to your use of Swim Workouts Sites and Swim Workouts Offerings, whether or not the areas of the Sites or Offerings you access or use require you to register as a prerequisite.
There are some areas of Swim Workouts Sites or functions of Swim Workouts Offerings, such as the comments forums, that may require you to provide temporary contact information, not actually register for continued access. (Please see section entitled "User Submissions" below for additional provisions related to comment and similar forums on Swim Workouts Sites.) In these cases, unless you are already registered, we do not retain such contact information once our use of it is over. This means you may be asked repeatedly to provide the same or similar information at different places in our site or to access the same functionalities during a subsequent visit.
If we do retain the information, it will be because you have previously registered with Deepwater Softworks, whether or not you were logged in at the time of providing the additionally requested information, or such information will be used only for the purposes for which you provided such information as the context dictates or in ways we will disclose to you at such time.
Your Conduct. You may use Swim Workouts Sites and Offerings for personal, non-commercial**, lawful uses only. You may not at any time or for any reason, do any of the following:
Additionally, and without limiting the foregoing, prohibited conduct includes, but is not limited to, use of the computer network and communication infrastructure and systems underlying, hosting and supporting our Sites and Offerings to do any of the following:
Without limiting any other rights or remedies of Deepwater Softworks, violations of the foregoing may result in removal of violative communications and/or early termination of your access to Swim Workouts Sites of Offerings.
Equipment. You will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Swim Workouts Sites and Swim Workouts Offerings and all charges related thereto. The preceding may not apply in cases where a swim team or associated entity or organization is party to a Team Use Agreement (or similar agreement), in which case the applicable agreement will govern.
Ownership. Swim Workouts Sites contain copyrighted material, trademarks and other proprietary information, that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Swim Workouts Sites are copyrighted as a collective work under the United States copyright laws. Deepwater Softworks owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Deepwater Softworks' licensors and suppliers may own copyright in the content supplied by them. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of Deepwater Softworks and, as applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that neither you nor, if applicable, your coach or parent or guardian will acquire any ownership rights by accessing the Swim Workouts Sites or otherwise using copyrighted material through Swim Workouts Offerings. Trademarks appearing on Swim Workouts Sites are the property of Deepwater Softworks, affiliates of Deepwater Softworks, or their respective owners.
User Submissions. There are areas of Swim Workouts Sites or through our other Offerings where you, as an end user, may submit or post comments, materials or other content to be used or featured on Swim Workouts Sites or Offerings or for Deepwater Softworks' review or consideration ("User Submissions"). Unless otherwise agreed, ownership rights in your User Submissions will be retained by you (or, if applicable, your Institution or the original author or licensor, as the case may be); however, upon any submission or contribution of any User Submission, Deepwater Softworks will receive an irrevocable, worldwide, non-exclusive, royalty-free, fully sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created, including but not limited to use on these or other Swim Workouts Offerings in any manner. Even though ownership rights in User Submissions are retained, Deepwater Softworks has no obligation to provide credit, attribution or authorship to you or to retain, archive, return and/or provide any tangible or intangible copies to you, of or in relation to any User Submissions.
Disclaimer of Warranty; Limitation of Liability (A) YOU EXPRESSLY AGREE THAT YOUR USE OF SWIM WORKOUTS SITES AND SWIM WORKOUTS OFFERINGS IS AT YOUR SOLE RISK. NEITHER DEEPWATER SOFTWORKS, DEEPWATER SOFTWORKS PARENT AND AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "SWIM WORKOUTS PARTIES") WARRANT THAT SWIM WORKOUTS SITES OR SWIM WORKOUTS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SWIM WORKOUTS SITES OR SWIM WORKOUT OFFERINGS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SWIM WORKOUTS SITES OR SWIM WORKOUTS OFFERINGS.
(B) SWIM WORKOUTS SITES AND SWIM WORKOUTS OFFERINGS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE SITE TERMS OF SERVICE.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DEEPWATER SOFTWORKS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL DEEPWATER SOFTWORKS, THE SWIM WORKOUTS PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SWIM WORKOUTS SITES, SWIM WORKOUTS OFFERINGS OR ANY SOFTWARE THAT MAY BE REQUIRED TO USE OR ACCESS THE SAME, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SWIM WORKOUTS SITES OR SWIM WORKOUTS OFFERINGS. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SWIM WORKOUTS SITES OR SWIM WORKOUTS OFFERINGS.
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Deepwater Softworks' liability is limited to the greatest extent permitted by law.
Indemnification. You agree to defend, indemnify and hold harmless Deepwater Softworks, Deepwater Softworks parent and affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Swim Workouts Sites by you, except to the extent such claims and expenses arise directly out of the negligence of Deepwater Softworks.
Third-Party Content. Certain of the content on our site and featured in our offerings are supplied by third parties. In many of these cases, we are a distributor (not a publisher) of such supplied or licensed content and thus any opinions, advice, statements, services, offers, or other information or content expressed by such third parties are their own, and not of Deepwater Softworks. In these cases, Deepwater Softworks is a distributor (and not a publisher) of content when the content is supplied by third parties and other end users such as you. Deepwater Softworks does not exercise editorial control over such content. Accordingly, Deepwater Softworks, and in many cases and contexts, such third-party suppliers, providers and contributors, do not and cannot guaranty the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose. Under no circumstances will Deepwater Softworks be liable for any loss or damage caused by your reliance on information obtained through Swim Workouts Sites or Offerings. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Swim Workouts Sites or Offerings. (Please see the section entitled "Disclaimer of Warranty; Limitation of Liability" for additional provisions regarding these matters.)
Linking to Swim Workouts Sites or Offerings. If you link to Swim Workouts Sites, your link must not damage, dilute or tarnish the goodwill associated with Deepwater Softworks and/or any of our licensors, suppliers, customers and other end users, including by linking from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Deepwater Softworks' sole discretion. No link may create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Deepwater Softworks or any licensors, suppliers, customers or end users, and you may not "frame" any of Swim Workouts Sites or Offerings. By accessing and using any of Swim Workouts Sites or Offerings, you agree that, upon Deepwater Softworks' request, you will remove any link we request you to remove. Please feel free to contact us requesting to link or otherwise regarding linking from your web site at email@example.com with your contact information so we may contact you about your questions or request.
Jurisdiction. This site and our offerings are controlled and operated by us from offices in the States of New Hampshire. We make no representation that materials and other offerings on our site are appropriate or available for use in other locations. Those who choose to access our site and offerings from other locations do so on their own initiative and are responsible for compliance with local laws,
DMCA Notice. Deepwater Softworks owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via Swim Workouts Sites by third parties not within the control of Deepwater Softworks. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), Deepwater Softworks will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), Deepwater Softworks has designated the firstname.lastname@example.org as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Swim Workouts Sites Web site. The contact information is: