By using this site, you signify your assent to these Terms & Conditions. If you do not agree to all of these Terms & Conditions, do not use this site.
Collegeswimming.com, LLC ("collegeswimming.com"), DBA SwimCloud may modify these Terms & Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Your continued use of the collegeswimming.com website ("Site") will mean you accept these changes.
Disclaimers
Information, services, products, materials and other resources on
this Site is provided "AS IS", "AS AVAILABLE" without warranty of
any kind, either express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. collegeswimming.com does
not warrant or guarantee that any files or information downloaded
from this Site will be free of infections, viruses, worms, Trojan
horses, or other malicious code that contains contaminating or
destructive properties. collegeswimming.com and its suppliers and
vendors disclaim all express or implied representations or
warranties with regard to the Site Content, and any other
resources contained on or accessible through this Site.
collegeswimming.com and its suppliers and vendors do not guarantee
or warranty against errors, omissions, delays, interruptions or
losses, including the loss of data. You are responsible for
maintaining a means external to this Site for the reconstruction
of any lost data.
While collegeswimming.com will attempt to keep the Site Content contained on or accessible through this Site both timely and accurate, collegeswimming.com makes no guarantees, and disclaims any implied warranty or representation about the Site Content's or the resources' accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose.
collegeswimming.com does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by collegeswimming.com.
Your use of the Site is also subject to all additional disclaimers and caveats that may appear throughout the Site.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Visitor Conduct
Although collegeswimming.com has no obligation to screen or edit
information that is posted or shared by Site visitors, it reserves
the right to remove any objectionable information, at its
discretion, without notice.
You agree that you will not: (i) use the Site for any purpose other than for your personal, non-commercial needs; (ii) intentionally or knowingly disseminate or transmit any unsolicited commercial e-mail or other messages (SPAM), chain letters, bots, spiders, crawlers, or other repetitive information collection or distribution devices; (iii) intentionally or knowingly export, re-export, download or transmit any message or content in violation of any export law, regulation or restriction of the United States and its agencies or authorities; (iv) intentionally or knowingly create a false identity or otherwise attempt to mislead anyone, including but not limited to collegeswimming.com as to the identity of the sender or the origin of any communication, information or other material; (v) intentionally or knowingly attempt to discover, use, copy or modify the information or materials of others or in any way violate their privacy or security; (vi) intentionally or knowingly use collegeswimming.com’s networks to access or monitor other computational, information or communications devices or resources of collegeswimming.com or any third party without that party's express written consent; (vii) post any false, misleading, slanderous, libelous, or inaccurate information about others on the Site; or (viii) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose collegeswimming.com or its users to any harm or liability of any type.
Please contact us webmaster@collegeswimming.com in the event you wish to report abusive conduct. Although we have no obligation to police the site, we do try to remove content that is clearly inappropriate when it is brought to our attention.
Use of Site Content
collegeswimming.com authorizes you to view or print a single copy
of the Site Content on this Site solely for your personal,
noncommercial use if you include the following copyright notice on
any such copy of the Site Content: "Copyright © 2009,
collegeswimming.com, LLC All rights reserved." Any additional
copyright or other proprietary notices contained in the Site
Content must be included in any copy as well. Additional
obligations for use may be required for subscribers and clients of
the Site and/or services. You are not permitted to store data
collected by collegeswimming.com, LLC.
collegeswimming.com ™ is a trademark or service mark of collegeswimming.com.
The Site Content is protected by copyright under both United States and foreign laws. Title to the Site Content will remain at all times with collegeswimming.com or its licensors. Any use of the Site Content not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws. Site Content and features are subject to change or removal at any time without notice at the sole discretion of collegeswimming.com and/or its licensors. All rights not expressly granted herein are reserved for collegeswimming.com and its licensors. If you breach any of these Terms & Conditions, your permission to use the Site Content terminates automatically and you must immediately destroy any copy you may have made of any part of the Site Content.
collegeswimming.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site and/or any Site Content without notice.
Copyright Notice & Takedown Procedures
If you believe any materials accessible on or from the Site
infringe your copyright, you may request removal of such materials
(or access thereto) from this Site by contacting
collegeswimming.com as follows:
collegeswimming.com
Attn: Web Site Administrator
415 N Tejon Street, Colorado Springs, CO 80903
Please include the following information: (i) detailed identification of the purportedly infringing material(s); (ii) detailed identification of the copyrighted work you believe is infringed; (iii) your name, address, phone and email contact information; (iv) your statement that you have a good faith belief that the material is not authorized by the copyright owner; (v) your statement that the information you have supplied is accurate, and indicating that "under penalty of perjury" you are the copyright owner or are authorized to act on behalf of the copyright owner; and (vi) your valid signature or electronic equivalent acceptable under the E-Sign Act.
Linking Policy
You acknowledge and agree that you will request written permission
from collegeswimming.com to create a link from an external Web
site to any page on the Site.
Children's Privacy
This Site is intended for adults age 13 or older. It is not
intended or designed to attract people under the age of 13. We do
not collect personally identifiable information from any person we
actually know to be under the age of 13.
Privacy
Please see the collegeswimming.com Site Privacy Policy for
additional terms relating to privacy, which is incorporated herein
by reference.
Links to Other Internet Sites
This Site also includes links to other Internet sites created and
maintained by collegeswimming.com's suppliers and vendors. Be
aware that collegeswimming.com does not endorse, control, makes no
guarantees about, and disclaims any express or implied
representations or warranties about the accuracy, relevance,
timeliness, completeness, or appropriateness for a particular
purpose of the information or the resources contained on these or
any other Internet sites. Further, the inclusion of these links is
intended neither to reflect the importance of these other sites
nor to endorse any of the views expressed in, or products or
services offered by, these other sites.
Your access and use these and any other Internet sites, including the information, services, products, materials, and any other resources contained on them, solely at your own risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL collegeswimming.com OR ITS SUPPLIERS OR VENDORS BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, OR OTHERWISE, AND WHICH ARISE OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE
DELAY OR INABILITY TO USE THIS SITE, OR WITH THE PROVISION OF OR
FAILURE TO MAKE AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS,
MATERIALS, OR OTHER RESOURCES CONTAINED ON OR ACCESSIBLE THROUGH
THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND CONDITIONS AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
Indemnification
You agree to indemnify, defend, and hold harmless
collegeswimming.com and its suppliers and vendors from any
liability, loss, claim, and expense (including reasonable
attorneys' fees) related to your violation of these Terms and
Conditions.
Changes to This Site
Site Content may be changed or updated without notice.
collegeswimming.com and its vendors and suppliers have no
obligation to update Site Content, so Site Content may be out of
date at any given time.
Miscellaneous
collegeswimming.com's failure to insist upon strict enforcement of
any provision(s) of these Terms and Conditions shall not be
construed as a waiver of any provision or right. These Terms and
Conditions and the resolution of any dispute related to these
Terms and Conditions shall be governed by and construed in
accordance with the laws of Wisconsin, without giving effect to
any principles of conflicts of law. Any legal action or proceeding
between collegeswimming.com or its suppliers and you related to
these Terms and Conditions shall be brought exclusively in a state
or federal court of competent jurisdiction sitting in the County
of Kenosha, Wisconsin or the District of Wisconsin.