Terms of Use

United States Swim School Association (USSSA) Terms of Use

These Terms Of Use are entered into between You (“You” Or “Your”, which may be either an individual or a legal entity) and the United States Swim School Association, an Arizona nonprofit organization (“USSSA”, “we” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms of Use”), govern your access and and use of usswimschools.org and my.usswimschools.org (collectively, the “Website”), including all content, functionality and services offered on or through the Website (collectively, with the Website, the “Services” and each individually a “Service”).

Please read the Terms of Use carefully before you start to use any Services. By using the Website, any other Service, or otherwise electronically indicating your acceptance, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or any other Service.

This Website and all other Services are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with USSSA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or any other Services.

CHANGES TO THESE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

Your continued use of Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

SERVICE ACCESS AND USE LICENSE

The Service You have accessed and all its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by USSSA, its affiliates and licensors. The Service is licensed to You, not sold. Except for the limited license granted in these Terms of Use, USSSA and its licensors retain all right, title and interest in the Service and all proprietary rights in the Service, including without limitation copyrights, patents, trademarks, service marks and trade names.

USSSA may change, suspend, or discontinue any aspect of the Service at any time, in our sole discretion and without notice.

  1. GRANT OF LICENSE; OTHER TERMS.

USSSA grants You a personal, revocable, nontransferable, nonexclusive license to use the Service for personal, non-commercial purposes, conditioned on Your continued compliance with these Terms of Use.  Some Services require compliance with additional Service specific policies, handbooks, codes of conduct or other documentation (collectively, the “Other USSSA Terms”).  You hereby agreed to comply with all applicable Other USSSA Terms and acknowledge that your license to use the Service is conditioned on Your continued compliance with all applicable Other USSSA Terms.  If there is a conflict between these Terms of Use and any applicable Other USSSA Terms, the latter terms shall control with respect to Your use of that portion of the Services.

  1. LIMITATIONS ON LICENSE.

The license granted to You in these Terms of Use is restricted as follows:

  • Limitations on Copying and Distribution.You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark and other notices contained therein.
  • Limitations on Use.You may use and access the Service solely for Your personal, non-commercial use. All use of the Service must be in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data or materials provided through the Service in any manner not expressly permitted by these Terms of Use or the Service. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by USSSA or to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of USSSA or networks connected to the Service; (vi) use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; (vii) use the Service to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Service without the express, separate and prior written permission of USSSA; (ix) create an intact reproduction of a page or pages of the Service into another service; or (x) use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact USSSA.
  • Non-Solicitation.You may not post or transmit through the Service any material which contains advertising or any solicitation with respect to products or services.
  • Limitations on Reverse Engineering and Modification.You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.
  • Proprietary Notices.You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.
  • Compliance with Applicable Law.You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
  1. USER OBLIGATIONS.

By downloading, accessing, or using the Service in order to view information and materials or submit Material (as defined below) of any kind, You represent that You: (i) are at least fifteen (15) years of age; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by USSSA; and (iii) are not using another authorized user’s account without that person’s permission. Further, if You are under the age of 18, you represent that You are accessing or using the Service with the consent of your parent or legal guardian, who has independently agreed to these Terms of Use.

  1. YOUR SUBMISSION OF CONTENT.

To access a Service, you may be asked to provide certain registration details or other information (collectively, “Registration Information”). It is a condition of your use of the Service that all the Registration Information you provide is correct, current, and complete. The Service may also contain comment areas, questionnaires, tools, and other interactive features where You can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively with the Registration Information, the “Your Content”). You are solely responsible for Your Content, including any of the content provided by any of your minor children. By submitting Your Content to the Service, You warrant that You have all necessary rights to grant, and automatically grant to USSSA and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute Your Content (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Service to access, view, store or reproduce Your Content, other than Registration Information, for that user’s personal, non-commercial use. Except as set forth otherwise in any Other USSSA Terms, USSSA will not be required to treat any of Your Content as confidential, and You grant to USSSA the right to edit, copy, display, publish and distribute any of Your Content made available via the Service by You, without compensation to You or any other party submitting Your Content for You. Notwithstanding the right and license, by merely permitting Your Content to appear on the Service, USSSA is not a publisher of Your Content, and is merely functioning as an intermediary to enable You to provide and display Your Content.

  1. LINKS TO OTHER SERVICES.

USSSA may provide links, in its sole discretion, to other services. USSSA is not responsible for the availability of these outside resources or their contents. USSSA expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party.

  1. LINKS TO THIS SERVICE.

You may link to a Service provided that You do so in a way that indicates that the link is direct to an USSSA Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.

  1. PASSWORDS; SECURITY.

Registration by You as an authorized user for access to certain areas of the Service may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain Registration Information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that USSSA, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of USSSA. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your Authorized User Credentials. USSSA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. USSSA reserves the right to delete or change Authorized User Credentials (with or without notice) at any time and for any reason.

  1. TERMINATION.
    These Terms of Use and Your license to use the Service will take effect the moment You install, access, or use the Service and will be in effect until terminated as set forth below. This license will automatically terminate in the event You breach any of these terms. Termination will be effective without notice. You may terminate these Terms of Use at any time by ceasing to use the Service. All applicable provisions of these Terms of Use as identified below will survive termination. Upon termination, You must destroy all copies of any aspect of the Service in Your possession. The following will survive termination of these Terms of Use for any reason: (i) the General section below; (ii) the provisions concerning rights in Your Content that You have granted to USSSA; and (iii) USSSA’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
  1. WARRANTY DISCLAIMER.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.   TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH A SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON A SERVICE, OR ON ANY WEBSITE LINKED TO A SERVICE.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICES, TOGETHER WITH ALL OF THEIR REPSECTIVE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USSSA AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. USSSA DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH LINKS ON THE SERVICES. USSSA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT USSSA 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL USSSA OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, THE SERVICES’ CONTENT OR PRODUCTS, OR ANY OF THE SERVICES’ THIRD PARTY CONTENT OR PRODUCTS DISPLAYED, AVAILABLE OR SOLD ON OR THROUGH THE SERVICES, EVEN IF USSSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF USSSA AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE APPLICABLE SERVICE(S).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.

  • LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  • GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country  . You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  • GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Arizona in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  • INDEMNIFICATION

You agree to indemnify, defend and hold USSSA and its affiliates and its and their respective directors, officers, employees, members, volunteers, and agents, harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Services.

  • PRIVACY POLICY.

You understand, acknowledge, and agree that the operation of certain programs, services, tools, purchase options, materials, or information in the Service requires the submission, use and dissemination of various personal identifying information. Accordingly, if You wish to access and use those programs, services, tools, materials, purchase options, or information of the Service, You acknowledge and agree that Your use of the Service will constitute acceptance of the personal identifying information collection and use practices contained in the USSSA Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

  • TRADEMARK INFORMATION.

The USSSA swimming person design, USSSA name, Certified Fundamental Swim Instructor, and related Certification badge are federally protected and registered or common law marks of USSSA and protected under all applicable state and federal laws, including the United States Code, Title 18, Section 706. You must not use any USSSA  marks without the prior written permission of USSA.  All other trademarks displayed on this Service or through links to other services are the property of the respective trademark owners.

  • YOUR COMMENTS AND CONCERNS

The Website is operated by United States Swim Schools, 4815 E Carefree HWY; STE 108-480; Cave Creek AZ 85331.  All feedback, comments, requests for technical support, and other communications relating to the Website or other Services should be directed to: [email protected].

These Terms of Use, together with any applicable Other USSSA Terms, constitute the entire understanding and agreement between USSSA and You with respect to the Service and any transactions contemplated in these Terms of Use, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms of Use, all of which are merged into these Terms of Use. You may not modify, amend or alter in any way these Terms of Use. In the event any provision of these Terms of Use are found invalid or unenforceable pursuant to judicial decree, the remainder of these Terms of Use will remain valid and enforceable according to its terms. Any failure by USSSA to strictly enforce any provision of these Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms of Use. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.