Thank you for visiting swimuniversity.com. The Swim University website and its associated services (collectively, the “Website”) are provided by Ace Media, LLC a Colorado limited liability company (“Swim University”). Throughout the Website, the terms “we”, “us” and “our” refer to Swim University. Swim University offers this website, including all information, tools, services, and products/content available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Swim University also offers an associated mobile application Pool Care by Swim University (“App”), which is also subject to the terms and conditions herein.
By visiting our Website, creating a User Account, and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by this Agreement, and your use of our Website is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, purchase products/content from the Website, or use our Services.
Any new products or content, and any new web features or tools, which are added to the current Website will also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our Website. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.
Your use of the Website is also subject to our Privacy Notice, which is incorporated herein by reference. You must review our Privacy Notice to understand what personal and personally identifiable information we may collect from you when you use the Website, create a User Account, and/or purchase products/content from the Website, and how we may use that personal or personally identifiable information. This Website is not directed to children under the age of 13, and we do not knowingly collect personal information from such children.
NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Swim University WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website and otherwise engaging in our Services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you expressly warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
You may create a User Account by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Website. You agree not to disclose your username or password to any third party. You agree that you are solely responsible for any activities or action taken under your account, whether you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on our Website.
Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by Swim University, including, but not limited to, our trademarks:
SWIM UNIVERSITY®
Any use of the Website, its associated trademarks, or its content without the prior written approval of Swim University is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of Swim University, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.
The designs on our products and found within our Paid Content are also wholly owned by Swim University and are protected by the Copyright Laws of the United States.
All courses, books, guides, videos, articles, and other educational materials made available through the Website are the intellectual property of Swim University and are protected by copyright, trademark, and other applicable laws. Such content is provided solely for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Swim University content without our prior written permission.
User Generated Content. We may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website including, but not limited to, product reviews (“User Feedback”). You may also send certain specific submissions per our request (for example, contest entries or promotional submissions) or, if without a request, you may send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“User Comments”) (User Feedback and User Comments are collectively “User-Generated Content”).
You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights.
By submitting User-Generated Content to us, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. By submitting User-Generated Content to us, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to us. When posting User Feedback to the Website, you warrant that your User Feedback will be accurate, truthful, non-deceptive, and complete.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Comments that you forward to us. We are and shall be under no obligation (1) to maintain any User Comments in confidence; (2) to pay compensation for any User Comments; or (3) to respond to any User Comments.
We assume no responsibility, and cannot be held liable for, User-Generated Content or the conduct of any users that submits User-Generated Content to us.
Acceptable Use Policy. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Swim University for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Swim University through a separate, written agreement (this restriction does not apply to search engines that comply with our robots.txt file);
Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with our robots.txt file);
Circumventing the technological protection measures of the Website;
Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
Disrupting or otherwise interfering with the Website or its associated servers or networks;
Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
Diverting or attempting to divert customers of the Website to another website or service;
Sending unsolicited or unauthorized communications to users of the Website or third parties;
Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
We reserve the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. We also reserve the right to refuse service or access to the Website to any person or business entity at any time and without notice.
Copyright and DMCA Policy. Swim University will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user’s access to the Website if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please submit a written notice to our designated copyright agent at:
Ace Media, LLC Attn: DMCA Agent 2525 Arapahoe Ave. Suite E4 – #512 Boulder, CO 80302 Or email our designated agent at [email protected] with the subject line DMCA TAKEDOWN NOTICE.
For us to process your infringement claim regarding content on the Website, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. Your takedown notices and/or other intellectual property infringement claims must be properly formatted and must include, without limitation, the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Website;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more information about compliant DMCA notices and counter-notices, please visit http://www.copyright.gov/.
Upon receipt of a valid notice, we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on the Website and can also contact you to resolve any dispute.
It is our policy to: (a) remove or disable access to material that we believe in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Website; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Website by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Swim University will terminate the accounts of users that are determined by us, in our sole discretion, to be repeat infringers.
Paid Courses and Materials. When you purchase access to any course, book, or other paid content offered through the Website or App (collectively, “Paid Content”), Swim University grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Paid Content solely for your individual, non-commercial educational purposes. This license does not permit you to share, resell, redistribute, sublicense, publish, or otherwise make the Paid Content available to any third party.
All Paid Content remains the sole property of Swim University and is protected by copyright, trademark, and other intellectual property laws. No ownership rights are transferred to you by your purchase or access.
Paid Content is provided for general informational and educational purposes only. Swim University does not warrant that the Paid Content is accurate, complete, reliable, or applicable to your specific circumstances, and expressly disclaims any liability for reliance on such information. Your use of Paid Content is at your own risk. Swim University makes no representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by law, Swim University shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your purchase, access, or use of any Paid Content.
Ordering and Payment. Payment for Paid Content purchased through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and us until we accept your invitation to deal by performance, specifically, by shipping any hard copy materials or providing access to digital Paid Content. Pricing errors will not constitute a contract between you and us, and we strive to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Swim University is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by our payment processor. You agree that you will not initiate any chargebacks to Swim University unless otherwise authorized by us in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Swim University.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to any Paid Content purchased through our Website. By placing an order, you represent that the Paid Content ordered will be used only in a lawful manner.
From time to time, Swim University may make special offers, promotions, or discounts available to users. All such offers are subject to the specific terms and conditions stated at the time of the offer and are void where prohibited by law. Promotions and discounts are limited time only, may not be combined with other offers, and may be modified, suspended, or terminated at any time without prior notice. Swim University reserves the right to refuse to honor any promotion or discount in cases of actual or suspected fraud, abuse, or violation of this Agreement. Unless otherwise stated, promotions and discounts have no cash value and cannot be applied retroactively to prior purchases.
Shipping and Delivery. In addition to digital courses and subscriptions to the App, Swim University sells certain physical products, including books, which are shipped to customers. We currently ship to customers located in the United States, Australia, the United Kingdom, Canada, France, Mexico, and other select countries.
All orders for physical products will be shipped to the shipping address provided at checkout. Shipping times and delivery estimates are provided for convenience only and are not guaranteed. Actual delivery times may vary depending on the destination, carrier delays, customs clearance, and other factors beyond our control. Risk of loss and title for physical products pass to you upon our delivery of the products to the carrier. Swim University is not responsible for lost, delayed, damaged, or misdelivered shipments once they have been provided to the carrier, but we will provide reasonable assistance in working with the carrier to resolve delivery issues.
Shipping costs, duties, tariffs, customs fees, and other international charges (if applicable) are your responsibility and are in addition to the product purchase price. These charges are determined by the destination country and are not under our control. Please check with your local customs office for information about applicable duties and taxes before placing an order.
Digital courses and App subscriptions are delivered electronically and are not subject to shipping charges. Access is typically provided immediately upon purchase.
Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of Paid Content through the Website. Swim University will report as income all payments received from you to us to all proper taxing authorities.
Refunds. Because Swim University provides access to digital courses, books, and other educational content immediately upon purchase, all sales are final, and we do not offer refunds. By completing your purchase, you acknowledge and agree that you will not be entitled to a refund or credit for any reason once access to the digital content has been granted.
Notwithstanding the foregoing, Swim University reserves the right, in its sole discretion, to consider and grant refund requests in extraordinary circumstances. Any such decision shall not create an obligation to provide refunds in similar or future instances.
Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that Swim University does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Swim University will not be responsible for websites not under the ownership or control of Swim University.
Errors and Omissions. Occasionally, there may be information on our Website or our packaging that contains typographical errors, inaccuracies, or omissions that may relate to product/content descriptions, pricing, promotions, offers, and availability. Swim University reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Content Disclaimer. All content made available through the Website and App, including articles, guides, videos, water testing information, courses, and books, is provided for general informational and educational purposes only. Our content is based on research from books, websites, and our own experience. While Swim University makes reasonable efforts to ensure that the information presented is accurate and up to date, we do not warrant or guarantee that any such information is accurate, complete, reliable, error-free, or current. We assume no responsibility for any errors or omissions in any content presented on the Website, the App, or any other platform where we make our content available, or for any links to external resources included in our content.
Pool care and chemical treatments involve inherent risks. You are solely responsible for ensuring safe handling, storage, and use of pool chemicals and equipment. Swim University disclaims all liability for injuries, damages, or losses resulting from misuse of chemicals, equipment, or reliance on information provided through the Website or App, in line with the warranties and disclaimers featured below.
Affiliate Disclosure. The Website and App are participants in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon.com and affiliated sites. This means that if you click on certain links and make a purchase, we may earn a commission at no additional cost to you. We only recommend products or services that we believe may be useful to our users, but we make no warranties regarding any such products or services and are not responsible for their quality, performance, or suitability. All transactions are solely between you and the third-party seller.
Term and Termination. The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) we terminate your access to the Website; or (ii) you cease using the Website. We reserve the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
Disclaimer of Warranties and Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT Swim University WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, APP, OR PAID CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES AND PAID CONTENT IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF SWIM UNIVERSITY ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PAID CONTENT OR SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU FOR SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
OUR PAID CONTENT AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Swim University, AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF Swim University OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
Swim University WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PAID CONTENT PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
Indemnification. You agree to indemnify, defend, and hold harmless Swim University, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of Paid Content through the Website; (iii) your use or misuse of Paid Content obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Swim University will not provide you with the ability to control Swim University’s defense, and Swim University reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
Choice of Law and Stipulation to Jurisdiction.
You and Swim University agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of Paid Content through the Website, will be governed by the laws of the state of Colorado, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Swim University agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.
This arbitration will be conducted in the English language. The decision of the Neutral will be final and binding on the parties and judgment on any award(s) rendered by the Neutral may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The Neutral shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the Neutral may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THIS WEBSITE, APP, OR PAID CONTENT OFFERED THROUGH THE WEBSITE AND APP, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND SWIM UNIVERSITY EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
You have the right to opt out of the arbitration provisions set forth in this Agreement by sending a written notice of your decision to opt out (“Arbitration Opt-Out Notice”) to us by email at [email protected] or by U.S. mail at the following address:
Ace Media, LLC Attn: Legal 2525 Arapahoe Ave. Suite E4 – #512 Boulder, CO 80302
Your Arbitration Opt-Out Notice must include your full name, your mailing address, your email address, and a clear statement that you do not wish to resolve disputes with Swim University through arbitration. This notice must be sent within 30 days of the date you first agree to this Agreement (including your first use of the Website or your purchase of any Paid Content from the Website, whichever occurs first). If you do not provide Swim University with a timely Arbitration Opt-Out Notice in accordance with this paragraph, you will be deemed to have knowingly and intentionally waived your right to litigate any disputes except as expressly set forth in the arbitration provision above. Your opt-out will not affect any other terms and conditions of this Agreement.
Any claims must be brought within one year of each applicable invoice or will otherwise be barred.
Any claims not subject to arbitration under this Agreement must be brought in Boulder County, Colorado and will be governed by the laws of the state of Colorado without regard to its conflict of laws rules. By using the Website and agreeing to these terms, you waive any argument regarding improper venue.
Force Majeure. Swim University will not be responsible for any delay or failure in performance of the Website, the App, or Paid Content arising out of any cause beyond our control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, supplier delays, strikes, labor disputes, or other accidents.
Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Swim University.
Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. We reserve the right to assign our rights and duties under this Agreement, including in a sale of Swim University or the Website.
Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.
