Terms of Use

Welcome to the Lifetime Swimmers website, www.lifetimeswimmers.com (the “Lifetime Swimmers Website”), owned and operated by Lifetime Swimmers, LLC. Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Lifetime Swimmers Website and Lifetime Swimmers’ services, applications, content and products (collectively, the “Site”). Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Lifetime Swimmers reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Lifetime Swimmers provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Lifetime Swimmers property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Lifetime Swimmers. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Prohibited Uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Lifetime Swimmers specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
• Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
• Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
• Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
• Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
• Attempting to interfere in any way with the Site’s or Lifetime Swimmers’ networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
• Communicating, transmitting or posting material that is in violation of applicable laws or regulations

Security Rules

Violations of system or network security may result in civil or criminal liability. Lifetime Swimmers investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

• Accessing data not intended for you or logging on to a Lifetime Swimmers server or account that you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

Proprietary Rights

As between you and Lifetime Swimmers (or any other company whose marks appear on the Site), Lifetime Swimmers (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site. The Lifetime Swimmers logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Lifetime Swimmers Intellectual Property”) are owned by Lifetime Swimmers and may be registered in the United States. You agree not to display or use Lifetime Swimmers Intellectual Property in any manner without Lifetime Swimmers’ prior permission. Nothing on the Site should be construed to grant any license or right to use any Lifetime Swimmers Intellectual Property without the prior written consent of Lifetime Swimmers. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Lifetime Swimmers. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

Privacy Notice

Notwithstanding anything else to the contrary contained in these Terms of Use, Lifetime Swimmers’ use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Lifetime Swimmers protection of your personal information, please refer to our Privacy Policy below.

Disclaimers and Limitation of Liability

Lifetime Swimmers publishes information on its Site as a convenience to its visitors. While Lifetime Swimmers attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice.

Lifetime Swimmers makes no warranties of any kind regarding any non-Lifetime Swimmers sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Lifetime Swimmers makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Lifetime Swimmers sites. Lifetime Swimmers does not endorse, warrant or guarantee any services offered or provided by or on behalf of third parties on the Site.

Indemnity

You agree to defend, indemnify and hold Lifetime Swimmers, its directors, officers, employees, agents, instructors and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

Governing Law and Disputes

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Lifetime Swimmers shall be submitted to confidential arbitration in California. However, if you have in any manner violated or threatened to violate any Lifetime Swimmers Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

General Information

These Terms constitute the entire agreement between you and Lifetime Swimmers and govern your use of the Site, and they supersede any prior agreements between you and Lifetime Swimmers. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Lifetime Swimmers may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Lifetime Swimmers’ sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between Lifetime Swimmers and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to Lifetime Swimmers or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of Lifetime Swimmers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without Lifetime Swimmers’ express written consent. The Terms inure to the benefit of Lifetime Swimmers’ successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.

Last Updated January 31, 2018

Privacy Policy

This privacy notice discloses the privacy practices for Lifetime Swimmers, www.lifeitmeswimmers.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:

• What personally identifiable information is collected from you through the website and how it is used.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email, registration, or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization.

Unless you ask us not to, we may contact you via email in the future to tell you about upcoming seasons, specials, new services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Registration

In order to use our services, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Orders

We request information from you on our order form. To register for our lessons, you must provide contact information (like name and address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your registration. If we have trouble processing an order, we’ll use this information to contact you.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at info@lifetimeswimmers.com.