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The following are the terms and conditions for use of the ClubSwim.com service provided by
ClubSwim Please read them carefully.
This is a legal agreement between you and ClubSwim. By registering for ClubSwim.com you, the User, become a member of the service and
agree to be bound by the terms and conditions of this agreement for as long as you continue to be a member of the service. The terms are subject to change by ClubSwim at any time, effective upon notice to you. The ClubSwim.com service is provided to individuals who are at least 18 years of age or minors who have parental permission to open and maintain an account. We operate in full compliance with the 1998 Children’s Online Privacy Protection Act. Individuals under the age of 13 are ineligible to open an account with
ClubSwim.com.
BY CLICKING THE “JOIN NOW” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
CLUBSWIM. |
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| Description of Service |
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ClubSwim.com
is a website that provides information on private lessons, swimming schools,
teams, camps, pools, jobs, etc.
Through the Private Lesson Matching Service, swimming instructors can post
their services. People seeking private lessons can then use the site to find an instructor
in their community.
Our site contains listings for swimming schools, teams, camps, and pools.
Registered members can add listings to ClubSwim, or update
the existing listings by becoming an Editor. Editors must abide by the terms of this agreement when contributing to the
site or risk having their
listings removed, accounts terminated, or ultimately risk being
banished from the service.
The ClubSwim Job Board allows swimming industry employers to post information about their
job openings on the site. Employers can only post openings for swimming related jobs,
such as lifeguards, swim instructors, coaches, pool managers, etc. People
seeking employment can use the Job Board to search for job openings. |
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| User Account, Password, and Security |
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Once you register with
ClubSwim.com, you will receive a password and an account. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Your membership with the ClubSwim.com service is for your sole, personal use. You may not authorize others to use your membership, 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 at 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 ClubSwim 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. This prevents unauthorized access. |
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| Disclaimers/Limitation of Liability |
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THIS
SITE AND THE SERVICES PROVIDED BY CLUBSWIM.COM ARE FURNISHED WITH NO
WARRANTY, EXPRESS OR IMPLIED. THIS SITE OPERATES AS A GUIDE. IF YOU CHOOSE
TO PARTICIPATE IN ANY PROGRAM, APPLY FOR ANY JOB, OR USE THE SERVICES OF ANY
INSTRUCTOR, BUSINESS, OR FACILITY, YOU DO SO AT YOUR OWN RISK. LIKE A
NEWSPAPER THAT PRINTS AN ADVERTISEMENT, CLUBSWIM.COM, AND ITS OPERATOR,
CLUBSWIM, INC., DOES NOT INVESTIGATE THE PROGRAMS, JOB POSTINGS,
INSTRUCTORS, BUSINESSES, OR FACILITIES THAT POST THEIR SERVICES. THEREFORE,
CLUBSWIM.COM AND ITS OPERATOR, CLUBSWIM, INC., DO NOT MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED, ABOUT SUCH PROGRAM, JOB, INSTRUCTOR, BUSINESS, OR
FACILITY. ANYONE WHO USES THIS SITE SHOULD CONDUCT HIS OR HER OWN
INVESTIGATION INTO SUCH PROGRAM, JOB, INSTRUCTOR, BUSINESS, OR FACILITY
BEFORE MAKING A DECISION TO PARTICIPATE IN THE PROGRAM, ACCEPT A JOB, OR USE
THE POSTED SERVICES.
CLUBSWIM.COM AND CLUBSWIM, INC. SHALL NOT BE RESPONSIBLE FOR AND SHALL NOT
BE HELD LIABLE FOR ANY INJURIES, MISHAPS, OR ANY DAMAGES WHATSOEVER THAT MAY
OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE.
ANY PROGRAM, EMPLOYER, INSTRUCTOR, BUSINESS, OR FACILITY THAT USES THIS
WEBSITE SHALL BE SOLELY RESPONSIBLE FOR THE INFORMATION SET FORTH IN ANY
LISTING AND AGREES TO HOLD CLUBSWIM.COM AND CLUBSWIM, INC., AND ITS
OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND SUCCESSORS IN INTEREST,
HARMLESS AND INDEMNIFY IT FROM ANY AND ALL LIABILITIES, DAMAGES, LAWSUITS,
ATTORNEY FEES AND COURT COSTS ARISING OUT OF ANY POSTING ON THIS WEBSITE. |
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| Member Privacy |
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| Please see the
Privacy Policy. |
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| Member Conduct |
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By registering and becoming a member of
ClubSwim.com, you agree that:
You are solely responsible for the content or information you publish or display as part of the ClubSwim.com service.
You will only post honest, current, and accurate information at ClubSwim.com.
If you are an Instructor, you will contact interested lesson seekers within
48 hours or notify ClubSwim if you are unable to do so.
As an Instructor,
you will conduct yourself in a professional manner at all times.
You will not publish or display any defamatory, inaccurate, obscene, sexually oriented, threatening, harassing, racially offensive, illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity).
You will not send junk mail or SPAM to any organizations, businesses, users or other such parties affiliated with
ClubSwim.com.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other ClubSwim.com members.
ClubSwim has no obligation to resolve any disputes between you and any other ClubSwim.com member, advertiser, business partner, or any other third party.
You will use ClubSwim.com in a manner consistent with any and all applicable laws and regulations pertaining to your use of this site and/or the services you may provide.
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| Transfer of the Right to Edit a Listing |
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| The right to be the Editor of a
listing may be transferred from one user to another. You can only be the Editor for
swimming schools, pools, teams and camps. Only Employers and Instructors can add, update, or delete information pertaining to their own job openings or private lessons, respectively. If you would like to become the Editor of a listing that already has an Editor, you can
contact us and we'll consider your request. You must have a higher degree
of association with a listing than the current Editor for your request to
be considered. Users with high levels of association are people such
as the coach of a team, the director of a camp, the manager or owner of a swimming pool, or the manager or owner of a swimming school. If you have a higher association with the listing, or present another valid reason, ClubSwim.com will approve and conduct the transfer, and make you the sole Editor of the listing. |
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| Links To Third Party Sites |
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| Any links included within ClubSwim.com may permit you to leave the
website. These linked sites are not under the control of ClubSwim and
ClubSwim shall not be responsible for the content of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site.
ClubSwim is not responsible and shall have no liability for
webcasting, or any other form of transmission received from any linked site.
ClubSwim is providing these links to you as a convenience. |
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| Indemnification |
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| You agree to indemnify and hold
ClubSwim.com, ClubSwim and any of its officers or employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service. |
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| Termination |
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| Either you or
ClubSwim may terminate your membership at any time, for any reason, without explanation, effective upon sending written notice to the other party.
To terminate your account, contact us at support@clubswim.com.
ClubSwim reserves the right to immediately suspend or terminate your access to the ClubSwim.com service, without notice, upon any breach of this agreement by you that is brought to the attention of
ClubSwim. |
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| Maintenance of Account |
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| ClubSwim shall have no obligation to maintain any content in your account. If your account information should change, it is your responsibility to update these changes. |
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| Participation in Promotions of Advertisers |
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| Any dealings with advertisers on ClubSwim.com or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.
ClubSwim shall not be responsible or liable for any part of any such dealings or promotions. |
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| Proprietary Rights to Content |
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| You acknowledge that content, including but not limited to text, photographs, software, music, sound, video, graphics, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by
ClubSwim.com, ClubSwim.com advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through ClubSwim.com and its associated sites, including code and software. |
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| Modifications to Terms of Service, Member Policies |
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| ClubSwim reserves the right to change the Terms of Service or policies regarding the use of the service at any time and to notify you by posting an updated version of the Terms of Service on this website. You are responsible for regularly reviewing the Terms of Service. Continued use of ClubSwim.com after any such changes shall constitute your consent to such changes. |
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| Ownership |
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| ClubSwim
shall retain all ownership in and to the service and the site and all content displayed on the site. |
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| No Assignment |
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| You shall not assign this agreement,
assign any rights, or delegate any obligations of this agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of
ClubSwim Any transfer, assignment, or delegation without the appropriate prior written consent will be null and void and of no force or effect. |
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| General |
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| This agreement is governed in all respects by the laws of the State of California,
U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in California and you consent to the exclusive jurisdiction of such courts. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
ClubSwim's failure to act with respect to a breach by you does not waive
ClubSwim right to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall be binding upon each party's successors and assigns.
ClubSwim's shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond
ClubSwim's reasonable control. Any notice required or permitted to be given to you under this agreement shall be delivered by electronic mail at the email address provided by you during registration. |
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| Language |
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| It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English. C'est la volente expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais |
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| Copyright 2000
ClubSwim All Rights Reserved |