Last Updated: July 18th, 2018
By using our Website, you agree to be bound by these Terms. If you are accessing and using the Website on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Website or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You acknowledge and agree that SWIM may make available through the Website related products and services and that your access to and use of those products and services may be subject to additional terms and conditions.
We welcome feedback, comments and suggestions for improvements to the Website (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Website or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Website, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Website, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 6, 7(a), 7(b), 7(c), and 11-15.
The Website and Content are provided to you on an “AS IS” basis and without warranty of any kind. SWIM DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Swim makes no warranty that the Website or Content will meet your requirements, be accessible through any equipment or service used by you, or be available on an uninterrupted, secure or error-free basis. No advice or information obtained from SWIM or elsewhere will create any warranty not expressly stated in these Terms. SWIM will have no liability for any claims, losses or damages caused by Your Content. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data, confidentiality or privacy in connection therewith. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWIM BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OF USE, LOST PROFITS, INTERRUPTION OF BUSINESS, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE WEBSITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF SWIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SWIM’S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED ONE HUNDRED DOLLARS (USD $100).
You and SWIM agree that the foregoing warranty disclaimer and limitation of liability fairly allocate the risks between the parties, that such allocation is an essential element of the basis of the bargain between the parties, and that SWIM would not have entered this Terms without these limitations.
You will indemnify and hold harmless SWIM and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Website or Content, (ii) your User Content, or (iii) your violation of these Terms.
These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. You and SWIM each agree that the exclusive jurisdiction for all disputes relating to these terms will be the state and federal courts located in the Northern District of California, and you and SWIM each waive any objection to jurisdiction and venue in such courts.
These Terms may only be modified, or any rights under it waived, by a written document executed by both parties. Nothing in these Terms shall not be construed to create a partnership, joint venture, employment or agency relationship between you and SWIM. In the event that any of the provisions of these Terms are held by to be unenforceable by a court or arbitrator, the remaining portions of these Terms will remain in full force and effect. The rights granted in these Terms may not be assigned or transferred by you without the prior written approval of SWIM. If you have any questions about these Terms or the Website, please contact SWIM at email@example.com or by mail at SWIM.AI Inc. 910 Campisi Way, Suite 2E, Campbell, CA 95008