Swimmer Strength Privacy Policy & Terms and Conditions

 PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. BY ACCESSING, BROWSING AND/OR USING THIS SITE YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. 

If you do not agree to these Terms and Conditions, please do not use this Site. Your continued access or use of this Site will mean that you have read, understand, and agree to be bound by these Terms and Conditions and any subsequent changes to the legal terms and conditions that may be posted to this Site.  

1. Online Services. We provide the Services on this Site to give you access to Swimmer Strength’s online platform for the creation and submission of training materials and services. 
2. Restrictions on Use. The Site and all content provided on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Swimmer Strength and/or its affiliates and related companies. Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying Swimmer Strength and/or its affiliates and related companies or their respective products and services displayed on the Site, without the expressed written consent of Swimmer Strength or such third party that may own such trademarks, logos and other names displayed on the Site. You may view, print and save a copy of the pages on this Site for your own personal use but may not modify, publish, transmit, transfer, sell, license, display, reproduce, create derivative works from or otherwise use or exploit any part of this Site in any manner, including electronically reproducing this Site by “uploading”, “downloading” or “accessing” this Site onto the Internet or any other local or international computer system, without the prior written consent of Swimmer Strength. You agree you will not use the website for any prohibited manner, including, but not limited to the introduction of any material which is malicious or technologically harmful, including, but not limited to, viruses, Trojan horses, worms, or logic bombs, the launch of any attack on the websites through any means, including, but not limited to, denial-of-service or distributed denial-of-service attacks and/or the impersonation or attempt to impersonate any other person or entity while using the websites.
3. Security. You are solely responsible for maintaining the security of your Site identification and password. You agree not to disclose your Site identification and password to any other person, and Swimmer Strength is not responsible for the unauthorized use of the Services by any other person with your Site identification and password. Swimmer Strength is under no obligation to confirm the actual identity or authority of anyone using your Site identification and password.  
4. Privacy. During your use of this Site, you may voluntarily submit personal information. We are committed to ensuring responsible practices in our collection, use and disclosure of your personal information in accordance with applicable law and our Privacy Policy. You may receive SMS or “text” messages providing you informational updates about services or products. The terms and conditions of our Privacy Policy, as may be amended from time to time, are hereby incorporated by reference into and form a binding part of these Terms and Conditions.  
5. Limitation of Liability. Your use of the websites is at your own risk.  Under no circumstances shall the company or any of its third-party licensors be liable to you or to any third party for any direct, indirect, incidental, special, consequential, punitive, special, exemplary, or any other damages resulting from, arising out of, or in any way relating to the websites, content, data, or information accessed via the websites or any hyperlinked websites, or any disruption or delay in the performance of the websites.   These include damages for errors, omissions, interruptions, delays, computer viruses, your loss of profit, unauthorized access to and alteration of your transmission and data, and other tangible or intangible losses.  This limitation is regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute, or otherwise, and regardless of whether or not such damages were foreseen, unforeseen, or foreseeable, even if the company or its third-party licensors have been advised of the possibility of such damages.
6. Modification or Termination of Service. Swimmer Strength reserves the right, in its sole discretion, to change, modify, restrict, suspend or terminate your access to all or any part of this Site and/or the Services at any time for any reason without prior notice to you and without any liability to you for doing so.  
7. Indemnification. To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Swimmer Strength, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of your use of the Site. 
8. Disclaimer. Our site’s content and functionality are provided with the understanding that Swimmer Strength is not rendering professional advice to you through the site.  All content and functionality are provided “as is” and “where is” without warranty of any kind.  Swimmer Strength has no liability or responsibility for any information published on linked websites contained in any of our published content or provided by third parties.
9. Notice and Consent to Receipt of Text (SMS) Messaging, emails and Phone Calls. As a condition of creating an account with Swimmer Strength, you consent us sending you SMS or “text” messages and/or electronic mail “email” providing you informational updates about services or products you may have requested and promotions.  In providing your mobile device number/cell phone number and email address to us, you knowingly consent to such communications from us, or for us to use your cell phone number/mobile device number and/or email address in accordance with our privacy policy. You represent that you have the authority to agree to receive messages at the telephone number and email address that you provide to us, or at the number and email address from which you sent the message request to us. You further acknowledge that no purchase is required to opt into this service and you may opt out at any time. Certain features of the Site and Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
10. Changes to these Terms and Conditions. Swimmer Strength reserves the right, at any time, to modify, alter, or update these Terms and Conditions including the Privacy Policy incorporated by reference therein, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Site or by electronic or conventional mail. You agree to regularly review these Terms and Conditions and to inform yourself of such revisions. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time these Terms and Conditions are no longer acceptable to you, please immediately cease all use of this Site.  
11. Governing Law. These Terms and Conditions and your use of this Site shall be governed by the laws of the State of Arizona.  Client expressly agrees to this governance and further agrees that any dispute shall be resolved by arbitration under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction located in Maricopa County, Arizona.
12. Representations and Warranties. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) you have obtained all rights that are necessary for the exercise the rights granted under this Agreement; and (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or violate any laws or regulations of any jurisdiction. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. In order to use this site, you must be at least 18 years of age, or applicable age of consent.
13. GENERAL DISCLAIMER. THE INFORMATION ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. ALL INFORMATION POSTED FROM THIS SITE ON ANY THIRD-PARTY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA ACCOUNT, THIRD-PARTY SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY CONTENT ON THIS SITE OR ANY RELATED SERVICES. WE ARE ALSO NOT RESPONSIBLE FOR ANY INFORMATION POSTED ON THE SITE OR ANY INFORMATION OR REVIEWS POSTED BY OTHER USERS. WE HAVE NO CONNECTION AND/OR LIABILITY RELATED TO YOUR RELATIONSHIP WITH ANY HEALTH CARE PROVIDER OR OTHER USERS OF THE SITE OR SERVICES. SWIMMER STRENGTH DOES NOT, AND IS NOT REQUIRED TO SCREEN HEALTH CARE PROVIDERS, OR THEIR OFFERINGS OR PRODUCTS TO DETERMINE WHETHER THEY ARE CERTIFIED OR PERMITTED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY PRODUCTS/OFFERINGS OR OTHER INFORMATION THEY PROVIDE.

WE DO NOT OFFER MEDICAL ADVICE IN ANY FORM, AND INFORMATION PROVIDED ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SITES AND ADVERTISEMENTS, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. CONTENT ON THE SITE AND SERVICES REGARDING THE USE OF THE SERVICES FOR MEDICAL OR RECREATIONAL PURPOSES COMES FROM USERS OF THE SITE AND IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION ON THIS SITE IS INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, AND/OR ADVERSE EFFECTS OF SUCH USE. DO NOT USE AND OF THIS INFORMATION FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT THE YOUR DOCTOR OR QUALIFIED HEALTH CARE PROVIDER TO DETERMINE IF USE OF ATHLETIC TRAINING FOR HEALTH-RELATED PURPOSES IS SOMETHING YOU SHOULD DO. ANY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SITE DO NOT LIMIT ANY OTHER LIMITATIONS OF LIABILITY CONTAINED IN THIS TERMS OF USE AGREEMENT OR ANYWHERE ELSE IN THIS SITE.