Terms of Use
United States Swimming, Inc. d/b/a USA Swimming, a Colorado nonprofit corporation ("USA Swimming", "We" or "Us") operates the web sites located at www.swimnetwork.com. (the "Site"). Please carefully read these Terms of Use. By visiting or using the Site, you ("You") acknowledge and agree that You have read and agree to be bound by these Terms of Use (the "Agreement"). This Agreement is made between USA Swimming and You. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT FROM THE SITE NOW AND OTHERWISE REFRAIN FROM USING THE SITE AND ANY RELATED CONTENT,
By visiting or using the Site, You agree to be bound by these Terms of Use and by our Privacy Notice, which is hereby incorporated by reference. These Terms of Use apply to all users of the Site. You affirm that You are more than 13 years of age. You represent and warrant that You have the legal right and authority to enter into the Terms of Use agreement and that You have the legal right and authority to perform Your obligations under these Terms of Use and to grant the rights and licenses described in these Terms of Use.
You may access and use this Site for lawful purposes only and only in accordance with the terms of these Terms of Use. Such use shall be limited to personal, non-commercial use, and You agree that You will not copy or distribute any part of the Site, or content on the Site without our prior written consent. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the site other than for use by public search engines for the sole purpose of creating publicly available searchable indices of the materials. You agree not to attempt to access user information or contact users of this Site. USA Swimming reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site or any portion thereof without providing any notice.
Accounts
You may need to create an account to access certain features of the Site. You agree to provide complete, accurate information in creating any account. You agree to keep Your account information confidential. You agree to notify us immediately of any unauthorized use of Your account. Your account is solely for Your personal and non-commercial use. You may not sublicense, distribute, sell, lease, loan or otherwise transfer Your account to any third party. You are responsible for all activities that occur through Your account. USA Swimming will not be responsible for any loss to You caused by Your failure to comply with these obligations.
Content
All text, files, images, graphics, information, data, audio, video, photographs, software and other content (collectively, "Content") available on the Site or provided through the Site are protected by the applicable intellectual property rights including, without limitation, copyrights, trademarks, patents, trade secrets and other proprietary and intellectual property rights ("Intellectual Property Rights") of USA Swimming and its partners, affiliates and licensors ("Affiliates"). Unless otherwise noted on the Site, as between You and USA Swimming and its Affiliates, all Site Content is owned by USA Swimming and its Affiliates. Except as expressly set forth in these Terms of Use, You are granted no licenses or rights, whether by implication, estoppel or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content without the prior written permission of USA Swimming. If You would like to use the Site Content in a manner that is not expressly set forth in this Terms of Use, please send Your request to USA Swimming at editor@swimnetwork.com.
User-Posted Materials
The Site may include forums, bulletin boards or other opportunities through which You may provide Content to the Site (such Content, "Provided Content"). You shall be solely responsible for any Provided Content and the consequences of posting or publishing them. You represent and warrant to USA Swimming and its Affiliates that You own all right, title and interest in and to any Provided Content that You provide or upload to the Site, that You have sufficient licenses, rights, consents, and permissions to grant USA Swimming the rights discussed in these Terms of Use, and that You have the written consent, release, and/or permission of each and every identifiable individual person in the Provided Content to use the name, likeness and/or identifying information of each and every such identifiable individual person. You will indemnify, defend, and hold harmless USA Swimming and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in these Terms of Use. By providing or uploading any Provided Content to the site, You grant USA Swimming a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, display or technology of any kind. In addition, You waive all moral rights in the Provided Content. You also grant USA Swimming the right to use Your name in connection with the reproduction or distribution of the Provided Content. You also hereby grant each user of the site a revocable, non-exclusive license to access Your Provided Content and to use, reproduce, distribute, prepare derivative works of, display and perform such materials consistent with these Terms of Use.
You agree not to upload or provide any Provided Content that is (i) libelous, defamatory, obscene, abusive, pornographic, threatening, hateful, racially or ethnically offensive, or an invasion of privacy; (ii) an infringement or misappropriation of the Intellectual Property Rights of any third party; (iii) illegal in any way, or that advocates illegal activity; or (iv) an advertisement or solicitation of any funds, goods or services.
USA Swimming does not endorse any Provided Content or any opinion, recommendation, or advice expressed therein, and USA Swimming hereby disclaims any liability relating to the Provided Content.
USA Swimming is not responsible for the accuracy or safety of any Provided Content. In using our Site, You may be exposed to materials that are inaccurate, offensive, indecent, or objectionable, and You hereby waive any legal or equitable rights or remedies You have or may have against USA Swimming and its Affiliates with respect thereto. You agree to indemnify and hold USA Swimming and its Affiliates harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
Copyright Protection
Just as USA Swimming requires users of the Site to respect the copyrights and other intellectual property rights of USA Swimming, its Affiliates, and other third parties, USA Swimming respects the copyrights and other intellectual property rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by email at editor@swimnetwork.com or by mail to:
USA Swimming
Attn: Editor, Swimnewtork.com
1 Olympic Plaza
Colorado Springs, CO 80909
Please provide the following information:
(1) the identity of the infringed work, and of the allegedly infringing work;
(2) Your name, address, daytime phone number, and email address, if available;
(3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
(4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
(5) Your electronic or physical signature.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED SITE OR FEATURED IN ANY ADVERTISING WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Disclaimer, Limitation of Liability and Indemnification
THE SITE AND ALL ACCESS TO YOUR ACCOUNT AND THE CONTENT, SOFTWARE, PRODUCTS AND SERVICES PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY USA SWIMMING ARE PROVIDED BY USA SWIMMING "AS IS" and "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. NEITHER USA SWIMMING NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT, OR OTHER DATA OR INFORMATION DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. YOU UNDERSTAND THAT BY USING THE SITE, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL USA SWIMMING BE LIABLE IN ANY WAY FOR ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY USA SWIMMING. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE SERVICES PROVIDED THROUGH THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE AND THE SERVICES PROVIDED THROUGH THE SITE. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, USA SWIMMING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND THE SERVICES PROVIDED THROUGH THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND USA SWIMMING'S CONTROL MAY OCCUR FROM TIME TO TIME.
IN NO EVENT WILL USA SWIMMING BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE, YOUR ACCOUNT, OR ANY OF THE CONTENT, SOFTWARE, PRODUCTS OR SERVICES, SOFTWARE OR CONTENT PROVIDED THROUGH THE SITE, EVEN IF USA SWIMMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USA SWIMMING'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $50. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless USA Swimming and its Affiliates, employees, agents, contractors, assigns, licensees and successors in interest ("Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of or access to the Site or Content, (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your user-posted materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Your use of the Site
Minors
The Site is not intended for users under the age of 13 years. You affirm that You are over the age of 13.
Privacy Policy
Our Privacy Policy relating to the Site can be viewed at http://swimnetwork.com/privacy.html and the Privacy Policy is incorporated into the agreement contained in these Terms of Use by reference. By accepting these Terms of Use, You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy.
General Terms and Conditions
These Terms of Use, and any rights and licenses granted hereunder, may be assigned by us without restriction.
The Site is controlled by us in the United States of America. We make no representations that the Site is appropriate in any other locations. If You access the Site from outside the United States of America, You are responsible for compliance with all local laws.
The Site may include links to third-party sites that are not under the control of USA Swimming and USA Swimming is not responsible for any content contained on any linked site. If You access a third-party site from the Site, You do so at Your own risks and You hereby expressly relieve USA Swimming and its Affiliates from any liability based on the content of, or Your use of, any linked third-party site.
These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any dispute or claim arising under or relating in any way to these proceedings shall be decided exclusively by any state court located in Colorado Springs, Colorado or any federal courts in Denver, Colorado.
If any provision of these Terms of Use is deemed invalid, the remaining provisions of these Terms of Use shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and USA Swimming's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
USA Swimming reserves the right to amend these Terms of Use at any time and without notice, to add to, change, update or modify the Site and these Terms of Use simply by posting such addition, change, update or modification on this Site. Any such addition, change, update, or modification will be effective immediately upon posting on the Site. Your use of the Site following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms.
