WEB SITE TERMS AND CONDITIONS OF USE

1. TERMS

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations,and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. USE LICENSE

a.   Permission is granted to temporarily download one copy of the materials
(information or software) on swim800.com web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:

                  i.     modify or copy the materials;

                ii.     use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

               iii.     attempt to decompile or reverse engineer any software contained on swim800.com web site;

               iv.     remove any copyright or other proprietary notations from the materials; or

                v.     transfer the materials to another person or “mirror” the materials on any other server.

b.   This license shall automatically terminate if you violate any of these restrictions and may be terminated by swim800.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. DISCLAIMER

The materials on swim800.com web site are provided “as is”. Swim800.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, swim800.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. LIMITATIONS

In no event shall swim800.com or its suppliers or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on swim800.com Internet site, even if swim800.com or a swim800.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. REVISIONS AND ERRATA

The materials appearing on swim800.com web site could include technical, typographical, or photographic errors. swim800.com does not warrant that any of the materials on its web site are accurate, complete, or current. swim800.com may make changes to the materials contained on its web site at any time without notice. swim800.com does not, however, make any commitment to update the materials.

6. LINKS

swim800.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by swim800.com of the site. Use of any such linked web site is at the user’s own risk.

7. SITE TERMS OF USE MODIFICATIONS

swim800.com may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. GOVERNING LAW

Any claim relating to swim800.com web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

·        Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

·        We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

·        We will only retain personal information as long as necessary for the fulfillment of those purposes.

·        We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

·        Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

·        We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

·        We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

COMMENTING POLICY

As a rule swim800.com does not pre-screen or approve “comments” but shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any “comments” posted through this service, for violating the letter or spirit of the below terms or for any other reason.

You agree not to post material that:

·        is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way

·        harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability

·        impersonates or attempts to assume the identity of any other person or entity, including, but not limited to, a swim800.com contributor, or falsely states or otherwise misrepresents your affiliation with a person or entity

·        includes personal or identifying information about another person without that person’s explicit consent

·        Commenters may not make multiple comments using more than one user name. Multiple comments from one IP address may, at our sole discretion, be removed and/or have the IP address blocked from commenting. If it is known or suspected that a single commenter is using multiple user names, we may, at our sole discretion, remove the comment(s) and/or block the user from future comments.

·        is false, deceptive, misleading, deceitful, or misinformative

·        constitutes or contains unsolicited commercial advertisement or solicitation

And further, you agree to indemnify and hold harmless, swim800.com and its partners, for the cost of any claims, damages or legal fees that result from the posting of such comments by you.

COPYRIGHT INFRINGEMENT NOTIFICATION

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you wish to report a copyright violation in connection with content on the website http://www.swim800.com or related sites, you must send an email communication to our designated agent for receiving complaints of copyright infringement under the Digital Millennium Copyright Act:

 

DESIGNATED AGENT

swim800.com@gmail.com

Your notice must include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a notification of alleged copyright infringement, we remove the posting that is the subject of the notification. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.