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TERMS OF USE

Welcome to Go Swim!

This is a site owned and operated by Go Swim Productions, LLC, and any other affiliated companies (collectively referred to herein as “Go Swim” and “we” and through similar words such as “us,” “our,” etc.).

We are located on the Internet primarily at the URLs https://www.goswim.tv and www.goswim.tv (and/or at successor, affiliated or associated domains or through various mobile or device-oriented distribution platforms, though any of these URLs or others may change or one or both may be discontinued or redirected to another URL, in our discretion) (the "Go Swim Sites" or "Sites").

This site hosts, publishes and distributes content and other offerings (which may be made available for free or by registration and/or paid subscription) provided by Go Swim, its affiliated companies, its suppliers and licensors, and various other third parties we have engaged with ("Go Swim Offerings" or "Offerings"). Many parts of this site feature content produced by our users, such as you. We may change or discontinue any aspect or feature of the site or our offerings at any time.

We encourage your active involvement and use of Go Swim Offerings at our Sites, but only if you understand and agree that you must fully abide by these Website Terms of Use. Use of this site signifies your agreement to these "Website Terms of Use." We also encourage and expect you to read and understand our "Privacy Policy," which can be found a https://www.goswim.tv/privacy. The terms of the Privacy Policy are considered a part of these Website Terms of Use.

These Website Terms of Use supplement, and are not intended to replace, amend or modify any Subscriber Terms of Service (or similar or successor agreement) which may be agreed to by you in connection with registering and subscribing to any of the Go Swim Offerings, as applicable, and any conflict between the terms hereof and the terms of Subscriber Terms of Service shall be decided in favor of applying such Subscriber Terms of Service. The Subscriber Terms of Service may be found at https://www.goswim.tv/terms_of_service.

PLEASE READ THESE WEBSITE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY. Go Swim may modify, delete or add to various provisions of these Website Terms of Use from time to time. Such changes will be effective upon posting here from the date of the latest update, as stated above. Users will be expected to check these Website Terms of Use from time to time. Further, as a subscriber or other user of Go Swim Offerings and these Sites, you acknowledge that Go Swim may terminate your account, remove any data or content that you have provided and/or disable your access to the Sites and/or Go Swim Offerings, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind, except as provided under applicable law. In addition, Go Swim may modify or remove any service or functionality included in the Sites at any time, with or without notice and with no liability of any kind, except as provided under applicable law. Continued use of Go Swim Sites and Offerings signifies agreement to any changes. If you do not agree with any of the provisions here or in the Privacy Policy, you may at any time stop using this site and any of our offerings. Should you have questions, you may reach us at [email protected].

Special Note to Children and Parents. None of the Go Swim Sites is a "website or online service directed to children" within the meaning of the Childrens' Online Privacy Protection Act of 1998 (COPPA) but swim team coaches and instructors may invite or request children under 13 who are being coached by them or are participating on a swim team to view and use the instructional materials of Go Swim Offerings from time to time. If you are under 13 years of age, we may restrict your access to Go Swim Offerings. Please ask your parent or guardian to review these Website Terms of Use, Privacy Policy and any Subscriber Terms of Service together with you, or ask your parent or guardian to contact us if any of you have any questions.

Subscription-Based Offerings. Select Go Swim Offerings may require subscription for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Sites. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Go Swim reserves the right to change the fees at any time in its sole discretion. Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Go Swim reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites or in any of Go Swim Offerings is inaccurate at any time without prior notice (including after you have submitted your order). Any change, update, or modification will be effective immediately upon posting on our Sites.

Subscription Terms; Auto-Renewal. Subscriptions will remain in effect until the end of the selected term. Subscriptions are automatically recurring, but recurring action can be terminated at any time* Once a subscription is enacted, no refunds will be granted. If a recurring subscription is canceled, the content will remain accessible by the subscriber until the end of the subscribed term.

Transactions on Sites. Go Swim reserves the right to refuse any order placed on the Site or for any of Go Swim Offerings, and may, in its 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 Go Swim makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Go Swim reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

Changes in Price; No Refunds. Go Swim may at any time, upon notice required by applicable law, change the price of Go Swim Offerings or Go Swim Sites or any part thereof, institute new charges or fees, or charge a fee for any of Go Swim Offerings or Sites or any part thereof where a fee was not previously charged. All Fees charged are final and nonrefundable.

Account Information. If you access and use areas of the Sites that require a registration or subscription, you may be assigned or be asked to select a UserID and password. In such cases, you will be agreeing to be governed by the Subscriber Terms of Service as to your use of Go Swim Sites and Go Swim Offerings, whether or not the areas of the Sites or Offerings you access or use require you to register as a prerequisite.

There are some areas of Go Swim Sites or functions of Go Swim Offerings, such as the comments forums, that may require you to provide temporary contact information, not actually register for continued access. (Please see section entitled "User Submissions" below for additional provisions related to comment and similar forums on Go Swim Sites.) In these cases, unless you are already registered, we do not retain such contact information once our use of it is over. This means you may be asked repeatedly to provide the same or similar information at different places in our site or to access the same functionalities during a subsequent visit.

If we do retain the information, it will be because you have previously registered with Go Swim, whether or not you were logged in at the time of providing the additionally requested information, or such information will be used only for the purposes for which you provided such information as the context dictates or in ways we will disclose to you at such time.

Your Conduct. You may use Go Swim Sites and Offerings for personal, non-commercial, lawful uses only. If you are a Training Group User, you may use Go Swim Sites and Offerings as instructional programming and otherwise to fulfill the coaching and instructional needs for your swim team, subject to any obligations you or your associated entity or organization may have under the applicable Team Use Agreement or similar or equivalent agreement. You may not at any time or for any reason, do any of the following:

  • feature, submit, publish, describe, refer to or include any personal information, such as first and last name, address or other identifying characteristics or traits, about any individual without their express consent; notwithstanding anything to the contrary, you may not feature or include any personal information about any child under the age of 13 (including, without your parent's or guardian's consent, your own information if you are yourself under 13 years of age) for any reason whatsoever;
  • abuse, harass, threaten, impersonate or intimidate others, or post on Go Swim Sites or via any Go Swim Offerings, or transmit to other users via Go Swim Sites or Go Swim Offerings, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material;
  • contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • engage in any activity intended to obtain password, account, or private information from any user;
  • transmit unwanted email or other communications;
  • submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
  • take any action that might impose an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of Go Swim Sites or Go Swim Offerings or any other activities conducted on Go Swim Sites or via any Go Swim Offerings; or
  • bypass any measures we may use to prevent or restrict access to Go Swim Sites or Go Swim Offerings.

Additionally, and without limiting the foregoing, prohibited conduct includes, but is not limited to, use of the computer network and communication infrastructure and systems underlying, hosting and supporting our Sites and Offerings to do any of the following:

  1. distribute unsolicited chain letters,
  2. propagate computer worms, viruses and other such malicious code,
  3. use (directly or indirectly) the Sites or its computer network to make unauthorized entry to any other machine accessible via Go Swim Sites or its computer network and
  4. use the Sites or devices or browsers accessing the Sites or Offerings to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Sites or Offerings to become users of other services competitive with our Offerings.

Without limiting any other rights or remedies of Go Swim, violations of the foregoing may result in removal of violative communications and/or early termination of your access to Go Swim Sites of Offerings.

Equipment. You will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Go Swim Sites and Go Swim Offerings and all charges related thereto. The preceding may not apply in cases where a swim team or associated entity or organization is party to a Team Use Agreement (or similar agreement), in which case the applicable agreement will govern.

Ownership. Go Swim Sites contain copyrighted material, trademarks and other proprietary information, that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Go Swim Sites are copyrighted as a collective work under the United States copyright laws. Go Swim owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Go Swim's licensors and suppliers may own copyright in the content supplied by them. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of Go Swim and, as applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that neither you nor, if applicable, your coach or parent or guardian will acquire any ownership rights by accessing the Go Swim Sites or otherwise using copyrighted material through Go Swim Offerings. Trademarks appearing on Go Swim Sites are the property of Go Swim, affiliates of Go Swim, or their respective owners.

User Submissions. There are areas of Go Swim Sites or through our other Offerings where you, as an end user, may submit or post comments, materials or other content to be used or featured on Go Swim Sites or Offerings or for Go Swim's review or consideration ("User Submissions"). Unless otherwise agreed, ownership rights in your User Submissions will be retained by you (or, if applicable, your Institution or the original author or licensor, as the case may be); however, upon any submission or contribution of any User Submission, Go Swim will receive an irrevocable, worldwide, non-exclusive, royalty-free, fully sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created, including but not limited to use on these or other Go Swim Offerings in any manner. Even though ownership rights in User Submissions are retained, Go Swim has no obligation to provide credit, attribution or authorship to you or to retain, archive, return and/or provide any tangible or intangible copies to you, of or in relation to any User Submissions.

Please be advised that:

  • You will be solely responsible for your own User Submissions and the consequences of posting them, and should you post a User Submission, you represent and warrant that you own or have the necessary rights to post and authorize us to use your User Submissions in the manner contemplated by Go Swim Sites, Go Swim Offerings, these Online Terms and Conditions and any rules, regulations or authorizations of your Institution.
  • Go Swim does not endorse any User Submission or any opinion, recommendation, or advice that may be expressed. Accordingly, Go Swim expressly disclaims any and all liability in connection with any and all User Submissions.
  • Notwithstanding anything to the contrary contained in these Online Terms and Conditions, we reserve the right to remove any Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason and without affecting the rights and licenses granted to us under these Online Terms and Conditions. No User Submission or other content that you may have access to or come into the possession of through your use or access of Go Swim Offering(s) or any other product or service provided by Go Swim shall be considered a “virtual good” or other property right of any kind and shall not be deemed to have any monetary or other tangible or intangible value.
  • You may not upload, post or otherwise make available on Go Swim Sites or through Go Swim Offerings any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
  • Go Swim does not want to receive confidential information from you or any end user and any information received will be deemed NOT to be confidential.

Notwithstanding the foregoing, Go Swim has the right, but not the obligation, to review any user submissions or other content posted or proposed on Go Swim Sites or through any of Go Swim Offerings to determine compliance with these Website Terms of Use and any operating rules established by Go Swim and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Go Swim shall have the right to reject or remove any material that Go Swim, in its sole discretion, finds to be inappropriate or in conflict with the provisions of these Website Terms of Use, applicable law, or for any other reason whatsoever, and Go Swim has no obligation to notify or disclose its reasons for such determinations.

Disclaimer of Warranty; Limitation of Liability (A) YOU EXPRESSLY AGREE THAT YOUR USE OF GO SWIM SITES AND GO SWIM OFFERINGS IS AT YOUR SOLE RISK. NEITHER GO SWIM, GO SWIM PARENT AND AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "GO SWIM PARTIES") WARRANT THAT GO SWIM SITES OR GO SWIM OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GO SWIM SITES OR GO SWIM OFFERINGS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GO SWIM SITES OR GO SWIM OFFERINGS.

(B) GO SWIM SITES AND GO SWIM OFFERINGS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE SITE TERMS OF SERVICE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GO SWIM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL GO SWIM, THE GO SWIM PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GO SWIM SITES, GO SWIM OFFERINGS OR ANY SOFTWARE THAT MAY BE REQUIRED TO USE OR ACCESS THE SAME, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GO SWIM SITES OR GO SWIM OFFERINGS. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GO SWIM SITES OR GO SWIM OFFERINGS.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, GO SWIM, NOR THE GO SWIM PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR NON-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN GO SWIM SITES OR GO SWIM OFFERINGS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE GO SWIM PARTIES TO YOU (OR, IF APPLICABLE, YOUR SWIM TEAM OR ASSOCIATED ENTITY OR ORGANIZATION) FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE SITE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE GO SWIM SITES OR GO SWIM OFFERINGS UNDER THESE WEBSITE TERMS OF USE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF GO SWIM SITES OR GO SWIM OFFERINGS AND RETAINED BY GO SWIM OR (B) ONE HUNDRED DOLLARS ($100).

(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Go Swim's liability is limited to the greatest extent permitted by law.

Indemnification. You agree to defend, indemnify and hold harmless Go Swim, Go Swim parent and affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Go Swim Sites by you, except to the extent such claims and expenses arise directly out of the negligence of Go Swim.

Termination. Either Go Swim or you may terminate these Website Terms of Use at any time. Without limiting the foregoing, Go Swim will have the right to immediately terminate your passwords or accounts, if applicable, for any reason in its sole discretion. While Go Swim may be unable to bar you from accessing the publically accessible areas of Go Swim Sites or Go Swim Offerings, your continued access or use may constitute a violation of these Website Terms of Use and a violation of applicable law, including the Computer Fraud and Abuse Act, if you persist in accessing or using our Sites or Offerings after becoming notified of Go Swim terminating your use and access rights. The provisions of these Website Terms of Use, which by its terms are intended to survive cessation or termination of your use or access of the Go Swim Sites or Offerings, will survive any such termination, for whatever reason, of these Website Terms of Use.

Third-Party Content. Certain of the content on our site and featured in our offerings are supplied by third parties. In many of these cases, we are a distributor (not a publisher) of such supplied or licensed content and thus any opinions, advice, statements, services, offers, or other information or content expressed by such third parties are their own, and not of Go Swim. In these cases, Go Swim is a distributor (and not a publisher) of content when the content is supplied by third parties, Training Group User(s) and other end users such as you. Go Swim does not exercise editorial control over such content. Accordingly, Go Swim, and in many cases and contexts, such third-party suppliers, providers and contributors, do not and cannot guaranty the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose. Under no circumstances will Go Swim be liable for any loss or damage caused by your reliance on information obtained through Go Swim Sites or Offerings. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Go Swim Sites or Offerings. (Please see the section entitled "Disclaimer of Warranty; Limitation of Liability" for additional provisions regarding these matters.)

Linking to Go Swim Sites or Offerings. If you link to Go Swim Sites, your link must not damage, dilute or tarnish the goodwill associated with Go Swim and/or any of our licensors, suppliers, customers and other end users, including by linking from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Go Swim's sole discretion. No link may create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Go Swim or any licensors, suppliers, customers or end users, and you may not “frame” any of Go Swim Sites or Offerings. By accessing and using any of Go Swim Sites or Offerings, you agree that, upon Go Swim's request, you will remove any link we request you to remove. Please feel free to contact us requesting to link or otherwise regarding linking from your web site at [email protected] with your contact information so we may contact you about your questions or request.

Jurisdiction. This site and our offerings are controlled and operated by us from offices in the States of Maryland, Vemont and New York and various other locations in the United States of America. We make no representation that materials and other offerings on our site are appropriate or available for use in other locations. Those who choose to access our site and offerings from other locations do so on their own initiative and are responsible for compliance with local laws,

Miscellaneous. These Website Terms of Use (which hereby incorporates by reference any other provisions applicable to use of Go Swim Sites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in Go Swim Sites and any operating rules for Go Swim Sites established by Go Swim) (together with the Subscriber Terms of Service and/or any Team Use Agreement, as applicable) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Website Terms of Use will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Website Terms of Use, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. These Website Terms of Use shall be construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Privacy Policy. Go Swim knows that the privacy of your personal information is important to you. Therefore, Go Swim has established a Privacy Policy governing the use of this information, which can be viewed at https://www.goswim.tv/privacy and is part of these Website Terms of Use.

DMCA Notice. Go Swim owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via Go Swim Sites by third parties not within the control of Go Swim. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), Go Swim will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), Go Swim has designated the [email protected] as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Go Swim Sites Web site. The contact information is:

Go Swim Productions, LLC 135 Gorman St, 2d Floor, Annapolis, MD 21401 E-mail: [email protected]