Terms of Service

Prior to using SwimCraze, it is important for you to know and understand that by visiting the Site, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of SwimCraze is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE.

By using the Site, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Site. Please contact us with any questions regarding this Agreement.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.

NOTHING STATED OR POSTED ON SWIMCRAZE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.

YOUR USE OF SWIMCRAZE IS AT YOUR OWN RISK.

PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 1 BELOW BEFORE COMMENCING YOUR USE OF THE SITE.

SWIMCRAZE SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SITE.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE SWIMCRAZE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

SWIMCRAZE OFFERS FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION FROM SWIMCRAZE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND SWIMCRAZE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In being a user of SwimCraze - free or VIP - you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of SwimCraze.

If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of SwimCraze.

SwimCraze provides its service and information on an "as is" and "as available" basis. You therefore use SwimCraze at your own risk.

SwimCraze expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SwimCraze makes no representations or warranties:

• That SwimCraze, or any particular fitness program is suitable for you;
• Regarding the adequacy or safety of SwimCraze for any particular user;
• That SwimCraze will meet your personal needs;
• That SwimCraze will be permitted in your jurisdiction;
• That SwimCraze will be uninterrupted or error-free;
• Concerning any content submitted by any member;
• Concerning any third party's use of content that you submit;
• That SwimCraze will continue to support any particular feature of the Site; or
• Concerning sites and resources outside of SwimCraze, even if linked to/from the Site.

SwimCraze reserves the right to modify the Site. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site. SwimCraze has no obligation to screen or monitor any content and does not guarantee that any content made available on the Site complies with this Agreement or is suitable for all users. SwimCraze shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.

To the extent that a secondary party may have access to or view SwimCraze content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.

To the fullest extent permitted by law: (i) in no event shall SwimCraze be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) SwimCraze's total liability to you shall not exceed the amounts paid by you to by SwimCraze over the twelve (12) months preceding your claim(s).

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SITE.

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement.

VIP MEMBERSHIP REGISTRATION: To use the SwimCraze VIP membership and associated services, you must register as a member by providing a name, valid email address and password. You must provide complete and accurate registration information to SwimCraze and notify us if your information changes. VIP membership requires payment, which is handled through PayPal. SwimCraze does not receive or retain any form of payment information including bank account or credit card information. SwimCraze only receives a confirmation notice from PayPal that a payment was successfully made, and updates the paying user's VIP subscription accordingly.

NON-COMMERCIAL USE: Use of the Site by free or VIP users is for personal use only. Users may not use the Site in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by SwimCraze. If you wish to inquire about possible commercial use, please contact us at support@swimcraze.com.

SwimCraze may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Site.

SwimCraze partners with PayPal for payment processing.

SwimCraze does not ever see nor receive any form of payment information other than a confirmation notice from PayPal that payment has been successfully made.

Payment plans are configured as a subscription, and by default, assume a recurring payment. Subscription cancellation shall be handled through PayPal. PayPal governs your account through which payment is processed. Payment issues and disputes shall be handled through PayPal.

If payment through your PayPal account ceases, SwimCraze will not renew your VIP membership. Subscriptions can always be resumed at which point SwimCraze will renew your VIP membership.

As a VIP member, you have the ability to share information with other VIP members. Although the information you are able to share is limited, you are expected to obey the following guildelines. You may not post, transmit or submit any image, text or other media format that:

• Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
• Contains sexually explicit content or pornography;
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Advocates harassment or intimidation of another person;
• Exploits minors;
• Depicts unlawful acts or extreme violence;
• Depicts animal cruelty or extreme violence towards animals; or
• Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

SwimCraze has the right, but not the obligation, to monitor all conduct on and content submitted to the Site. SwimCraze reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.

SwimCraze reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the membership of such violators.

You agree to indemnify, defend, and hold harmless SwimCraze and its employees, and agents, from and against any liability, claims, damages, losses and costs (including attorney's fees) that: (i) arise from your activities from the Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to SwimCraze violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. SwimCraze reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SwimCraze in connection therewith.

Certain links on the Site may let you leave the Site in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that SwimCraze does not control these sites, nor has SwimCraze approved the content which appears on the linked sites. SwimCraze is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that SwimCraze shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

More specifically, your participation, correspondence or business dealings with any third party found on or through the Site (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that SwimCraze shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You acknowledge that the Site contains software, graphics, photos, know-how, product ideas, comments and other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All SwimCraze-generated Content and Content devolped for SwimCraze by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

The SwimCraze name, logos and affiliated applications and technologies are the exclusive property of SwimCraze LLC. All other trademarks appearing on the services are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

SwimCraze owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site without first obtaining the prior written consent of SwimCraze LLC. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site administrator's copyright agent may be contacted via:

support@swimcraze.com

ARBITRATION AND GOVERNING LAW:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against SwimCraze in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against SwimCraze any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and SwimCraze (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against SwimCraze (except for small-claims court actions) may be commenced only in the federal or state courts located in Hennepin County, Minnesota. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

This Agreement, and any dispute between you and SwimCraze, shall be governed by the laws of the state of Minnesota without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.