Terms of Use

This page states the terms under which you may use www.swim.com and any linked pages owned and operated by ClubSwim, Inc. (collectively, the “Site”).

By accessing the Site, you agree to be bound by these terms of use, as well as any other guidelines, rules and additional terms referenced in these terms of use, which are hereby incorporated by reference (collectively, the “Terms” or the “Agreement”). These Terms set out the legally binding terms with respect to your use of and our provision of the Site. These Terms include the Privacy Policy, which is incorporated into these Terms by reference. Please read these Terms carefully. Your access to the Site constitutes your acceptance of all the provisions of these Terms. If you are unwilling to be bound by these Terms, do not access or use the Site.

ClubSwim, Inc. (“Swim.com”), the owner of the Site, may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you.

Eligibility.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site. If you are under the age of 18 or the applicable legal age in your jurisdiction but are at least 13 years of age, you can use the Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use and the Privacy Policy. If you are less than 13 years of age, you may not use the Site at all. By using the Site, you represent and warrant that you satisfy these requirements and have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States. Any use outside of the United States is at your own risk, and you are responsible for compliance with any local laws applicable to your use of the Site.

Electronic Communications.

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Use of Swim.com Content.

Swim.com authorizes you to view and access a single copy of the content available on or from the Site solely for your own use. The contents of the Site, such as text, graphics, images, logos, button icons, software and other Swim.com content (collectively, "Swim.com Content"), are protected under both United States and foreign copyright, trademark and other laws. All Swim.com Content is the property of Swim.com or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Swim.com and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Swim.com Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Swim.com Content on any authorized copy you make of the Swim.com Content. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Swim.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Swim.com logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorized use terminates the permission or license granted by Swim.com.

Restrictions on Conduct.

You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Site to:

In order to ensure a safe and effective experience for all of our customers, Swim.com reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in Swim.com’s sole discretion from time to time.

Swim.com does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please contact our designated agent set forth below. Swim.com may, in its sole discretion, investigate the allegation and determine whether to remove the applicable content or take any other action. Swim.com has no liability or responsibility to you for performance or nonperformance of such activities

Your Account.

If you set up an account using the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Swim.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Swim.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may change your password at any time by following the instructions provided on the Site. You may also set up a new account at your convenience. However, only one account will be issued per email address. You agree to immediately notify Swim.com of any unauthorized use of your account or any other breach of security known to you. You are responsible for logging out of your computer if it is accessible to others.

Terms of Sale.

By ordering products or services through the Site, you accept and agree to be bound by the following terms of sale.

Payment terms are within Swim.com’ sole discretion, and, unless otherwise agreed to by Swim.com, payment must be made at the time of purchase. Your order is subject to cancellation by Swim.com at Swim.com’s sole discretion. In the event of cancellation, you will receive a full refund. Swim.com is not responsible for pricing, typographical, or other errors in any offer by Swim.com. Swim.com reserves the right to cancel any orders resulting from such errors.

Risk of loss of the goods shall pass to you upon shipment, and loss or damage that occurs during shipping is your responsibility. Shipping and handling are additional unless otherwise expressly indicated in writing. All sales are final, unless otherwise agreed by the Swim.com in writing. Shipping dates are estimates only. You are responsible for sales and other taxes associated with the order.

No express warranties are given and no affirmation of Swim.com, by words or action, will constitute a warranty. The goods being sold pursuant to this contract are being sold on a “WITH ALL FAULTS” basis. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS IS WITH YOU. SHOULD THE GOODS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU (and not the manufacturer, distributor, or Swim.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Your Content.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you post. You may not post, transmit, or share content on the Site that you did not create or that you do not have permission to post. You understand and agree that Swim.com may, but is not obligated to, review the Site and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including content that in the sole judgment of Swim.com violates these Terms, is offensive or illegal, or violates the rights of others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site or provide to Swim.com.

When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. By posting content to any part of the Site, you automatically grant to Swim.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. You grant Swim.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and that you will indemnify Swim.com for all claims resulting from content you supply. You are responsible for complying with all laws applicable to any content that you submit via the Site.

All comments, feedback, suggestions and ideas that you provide us in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Swim.com. We may use your Comments in any medium in accordance with our Privacy Policy. For example, your Comments could be used on this Site and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. Swim.com shall not be obligated to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Your User Profile

If you choose to create a profile on the Site, you may also create a custom URL for your profile (i.e., http://www.swim.com/janedoe). We reserve the right to terminate your use of any particular URL at any time and for any reason, with or without notice. In this event, we will reassign your profile to a new URL

Consult Your Physician.

Consult your physician before participating in a swimming event or exercise program and before using any nutritional supplements or other health-related products.

Assumption of Risk and Release of Liability.

Swim.com acts as a passive conduit for the online distribution and publication of the content posted by its users, including Comments (the “User Content”). Swim.com takes no responsibility and assumes no liability for any User Content. Swim.com has no obligation to screen or monitor User Content. Swim.com does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users, nor does Swim.com endorse any opinions expressed by users. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Swim.com cannot guarantee and does not promise any specific results from use of the Site. Because user authentication on the Internet is difficult, Swim.com cannot and does not confirm that each user is who he or she claims to be.

The Site and the Swim.com Content may contain inaccuracies or typographical errors. Swim.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Swim.com Content. No advice or information, whether oral or written, obtained by a user from Swim.com or through or from the Site shall create any warranty not expressly stated herein.

Swim.com is not to be considered to be an employer with respect to your use of the Site, and Swim.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site.

Swim.com does not endorse any of the swim instructors, swim programs, employers, recruiters, academic institutions, clubs, pools, water parks, or other third parties who may be located using this Site. These third parties are independent contractors, and not employees or agents of Swim.com.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site.

THEREFORE, YOU HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF LOSS, INJURY OR DEATH IN CONNECTION WITH THE SITE AND YOUR DEALINGS WITH THIRD PARTIES AND OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE SITE, EVEN IF ARISING FROM THE NEGLIGENCE OF Swim.com AND ITS OFFICERS, AGENTS AND/OR EMPLOYEES. THE USE OF THE SITE, THE USER CONTENT, AND THE Swim.com CONTENT IS AT YOUR OWN RISK. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE INTEGRITY AND ACCURACY OF SUCH CONTENT. YOU, FOR YOURSELF AND ON BEHALF OF YOUR ASSIGNEES, HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE AND HOLD HARMLESS Swim.com, AND ITS OFFICERS, AGENTS AND/OR EMPLOYEES, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY (“DAMAGES”), INCLUDING DAMAGES CAUSED BY THE NEGLIGENCE OF Swim.com AND ITS OFFICERS, AGENTS AND/OR EMPLOYEES, THAT YOU SUFFER IN CONNECTION WITH THE SITE. YOU ALSO AGREE THAT YOU, YOUR ASSIGNEES, HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES AND NEXT OF KIN WILL NOT MAKE A CLAIM AGAINST, SUE, OR ATTACH THE PROPERTY OF Swim.com (OR ITS OFFICERS, AGENTS AND/OR EMPLOYEES) ON ACCOUNT OF ANY SUCH DAMAGES.

Disclaimer of Warranty, Limitation of Damages.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Swim.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Swim.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Swim.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED IN WRITING. Swim.com DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL Swim.com (OR ITS OFFICERS, AGENTS AND/OR EMPLOYEES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, PRODUCTS LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Swim.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Swim.com'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND YOUR USE OF ANY CONTENT THEREON, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, PRODUCTS LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $1,000.00.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limit on Time to Bring Action.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or goods purchased through the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Links to Other Sites.

The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Swim.com of the contents on such third party Web sites. Swim.com is not responsible for the content of linked third party Web sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Site.

Storage and Usage

Because our web space is limited, you acknowledge and agree that we may, from time to time, establish general practices and limits concerning your use of the Site, including (but not limited to) the maximum disk space and bandwidth usage allotted to each user. You agree that Swim.com shall not be liable for deleting or failing to store any content submitted by you.

Indemnity.

You agree to defend, indemnify, and hold harmless Swim.com, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including (without limitation) reasonable legal and accounting fees, that arise out of or relate to: (i) any content or other material you provide to or through the Site; (ii) your use of the Site or any content thereon; or (iii) your breach of these Terms.

Disputes.

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Use of Information.

We reserve the right, and you authorize us, to use and assign all information regarding your use of the Site and all User Content, Comments, and other information provided by you in any manner consistent with our Privacy Policy.

Applicable Law, Jurisdiction.

The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties arising under or growing out of this Agreement, shall be governed by the internal laws of the State of California, and by the federal laws of the United States to the extent that they preempt California law, all without regard to choice-of-law provisions. The parties hereby consent to the jurisdiction of the State of California, and any disputes relating to this Agreement shall be resolved in the courts of the State of California, to the exclusion of any other jurisdiction. The parties agree that this Agreement has been entered into in Alameda, California, and hereby stipulate to venue in the Superior Court of California, County of Alameda, or the United States District Court for the Northern District of California.

Interpretation.

If any provision of this Agreement is found to be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, that provision shall be deemed modified to the minimum extent necessary to render the same valid or as not applicable to the given circumstances, or shall be excised, as the situation may require. All terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. You agree that this Agreement may be assigned by Swim.com in its sole discretion. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries, successors, and permitted assigns. You agree that, except as otherwise expressly provided herein, there shall be no third party beneficiaries to this Agreement.

Modification and Termination.

Swim.com may modify or terminate this Agreement at any time, with or without notice, for any reason.

Entire Agreement.

This Agreement (together with the terms incorporated by reference) constitutes the entire agreement between you and Swim.com regarding your use of the Site, and supersedes any prior agreements between you and Swim.com for that purpose. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same provision or of any other provision.

Copyrights and Copyright Agent.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

Our Copyright Agent for notice of claims of copyright infringement can be reached via the contact form