This Agreement (“Agreement”) and the policies referred to herein contain the terms and conditions that govern your use of the Internet Website located at https://jacksonholeswimming.com (the “Website”) a Website owned, operated, licensed, or controlled by Jackson Hole Swimming (“Company”).

 

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF COMPANY’S WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.

 

1. Acceptance. By using the Website, or registering with the Website, you agree to be bound by this Agreement. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice. If you are a registered user, Company will notify you of any changes at the email address you provided during registration. Notice shall also appear on the Website.  Please check this Agreement periodically for changes. Continued use of the Website following the posting of changes to this Agreement will mean you have read and accept such changes. You separately acknowledge, agree, represent and warrant that any information provided by you to Company is true, accurate, correct, complete and that this representation is an essential and material provision of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT USE THE WEBSITE.

 

2. Company’s Services. Company provides online swimming instruction courses comprised of video, audio, and text-based, information and materials (“Materials”).

 

1. Member Accounts, Passwords & Security. Visitors may browse the contents of the Website. Registered users will receive a password and account designation upon completing the registration process. If you register to create an account (“Account”), you are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur using such password or Account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security of which you become aware, and (b) ensure that you exit from your account at the end of each session. Company reserves the right to terminate your Account, access to the Web Site, and access to the Materials if any Registration Information provided is false, inaccurate or incomplete.

 

1. Subscriptions & Payment. Payments terms are set forth on the course regsitration page]. All amounts due under this Agreement shall be paid in United States Dollars. Except as otherwise provided in this Agreement, fees are non-refundable. There are no refunds or credits. Company accepts credit cards, (Visa, MasterCard, American Express and Discover) and payment through Google.  All purchases shall be paid in full at the time of ordering.  You represent and warrant that You have the authority to use the credit card information You are providing to Company and You acknowledge and agree that you authorize Company to charge Your credit card for the subscriptions You order. You acknowledge and agree that you shall reimburse Company for all costs and attorney’s fees incurred by Company in any action or proceeding to collect payment from You under any theory of liability.

 

3. License & Access. Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicenseable right and license to access and use the Materials. Your right to access the Materials is subject to compliance with this Agreement. This license does not include: any resale or third-party commercial use of Company’s Website or its contents; any derivative use of Company’s Website or its contents; any downloading or copying of account information for the benefit of yourself, or any other individual or business; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company, Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company or Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission. Jackson Hole Swimming is a trademark of Company.

 

4. Restrictions on Use. Unless otherwise noted, all Materials, including images, illustrations, designs, icons, photographs, video, audio, and written and other materials that are part of any Company Website are protected by copyright, trademark, trade dress, and industrial design rights, and/or other intellectual property rights owned, controlled or licensed by Company. No material from Company’s Website or any other Company property may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company.

 

5. Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel your access to the Website, the Materials, and any order in process, without further liability.           

 

6. Privacy. It is Company’s policy to respect the privacy of Company users. Therefore, in addition to the privacy of registration data, Company shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of Company and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Company; (2) protect and defend the rights or property of Company; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages. Company’s Privacy Policy can be found here.

 

7. Indemnity. You shall indemnify, defend and hold harmless Company, its directors, officers, employees, agents and contractors from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to (a) any violation of this Agreement, or (b) any action or claim by third parties alleging that your act or omission has resulted in an infringement or violation of the intellectual property, privacy or proprietary rights of any third party, provided Company promptly notifies you in writing of any claim, and allows you to control the conduct of any related defense or settlement negotiations. Notwithstanding the foregoing, you shall not settle a third party claim without Company’s prior written consent if such settlement shall require action or payment by Company.

 

8. Termination. This Agreement is effective on the earlier of the date you click “I Accept” or the first date you access Materials from the Website (the “Effective Date”) and shall continue in effect until  the expiration of the Subscription Term, unless earlier terminated by either party. You may terminate this Agreement at any time by destroying all Materials obtained from Company and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. Any rights to access and use the Materials under this Agreement shall terminate immediately without notice from Company if in Company's sole discretion You fail to comply with any term or provision of this Agreement.

 

Company may, at its sole discretion and at any time, discontinue providing access to, alter or replace the Materials in the Website, or any part thereof, with or without notice. You agree that any termination of Your access to Website under any provision of this Agreement may be effected without prior notice. Further, You agree that Company shall not be liable to You or to any third party for any termination of Your access to the Website.

 

9. Jurisdiction. Unless otherwise specified, the Website is available solely for the purpose of promoting products and/or services available in the United States, its territories, possessions, and protectorates. The Website is controlled and operated by Company from its offices within the State of Wyoming, United States of America. Company makes no representation that materials in the Website or products purchased through the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

10. Disclaimer. THE MATERIALS IN the Website ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Company DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN the Website SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR ANY OTHER Company WEBSITE OR THE SERVER(S) THAT MAKES the Website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN the Website IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

11. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE MATERIAL, THE COMPANY WEBSITE OR THE MATERIALS, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE MATERIALS OR THE COMPANY WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY PRODUCT PURCHASED BY YOU. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE COMPANY WEBSITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE MATERIALS, THE COMPANY WEBSITE OR THE MATERIALS.

 

YOU ACKNOWLEDGE AND AGREE THAT Company SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

 

12. Links to Outside Websites and Services. To the extent that the Website contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

 

13. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and you agree that this Agreement shall be deemed to have been entered into and performed exclusively in the State of Illinois. You agree that the state or federal courts located in the State of Illinois shall have exclusive jurisdiction over any action at law or in equity arising out of or relating to this Agreement. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of adjudicating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
14. Company Contacts.

 

P.O. Box 9623

Jackson, WY 83002

chrissy@jacksonholeswimming.com

307.413.1491