Safety Before Skill CO. Terms of Service
These Terms of Service are effective as of July 16, 2020.1. Introduction
These Terms of Service are an agreement between Safety Before Skill CO. and you, a user of our website https://thevirtualswimschool.intelivideo.com. Please read this agreement carefully. By using our website and its services, you agree to be bound by these Terms of Service. Any new features of our website, including updates, upgrades, or new services, shall also be subject to these Terms of Service.
These terms of service (“terms”) set forth the legally binding terms for your use of the website. By accessing, downloading, or using the website, you are accepting these terms and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the website or accept these terms if you are not at least 18 years old.2. Our Content; Proprietary Rights
Through our website, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or licensee of all information, materials, functions and other content contained on our website, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our website.
The names Safety Before Skill CO. and The Virtual Swim School and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of Safety Before Skill CO. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.
3. Third-Party Links
We are not responsible for the content or availability of outside websites or resources linked to or referenced on our website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such websites.
If you choose to purchase a product or service offered on our website, you will be asked to create an account and will be prompted to create your own unique username and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account.
You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.5. Eligibility; Age Restriction
Our website may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our website only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our website. You represent and warrant that you are at least 18 years old, or that you are using our website under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.
We may, in our sole discretion, refuse to offer access to or use of our website to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.6. Payment Processing; Order Fulfillment
Our website is hosted by Intelivideo, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and purchase prices are inclusive of taxes.
You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Safety Before Skill CO. and Intelivideo from your failure to pay any and all taxes, including sales tax, based on information provided by you.
Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly.7. Acceptable Use
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our website. 8. Unacceptable Use
You shall not: modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website; remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the website or any content; “frame” or “mirror” any portion of the website, or link to any material other than via the homepage of the URL located at https://thevirtualswimschool.intelivideo.com/ or the URLs provided by us to you for such purposes, without our prior written authorization; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the website; or harvest or collect information about or from users of the website without their express consent and, if such consent is provided, only pursuant to applicable law. 9. Warranties/Limitation of Liability
Our content and services are provided “as is” and “as available.” We hereby disclaim all warranties, whether express, implied or statutory, with respect to our website or, services, without limitation, any warranties of infringement, title, merchantability or fitness for a particular purpose. We do not make any warranties that the website will be uninterrupted, secure or error free or that your use of the website will meet your expectations, or that the website, content, or any portion thereof, is correct, accurate, or reliable. We reserve the right to change any part of the website at any time without notice.
We will not be liable for any indirect, consequential, special, incidental or punitive damages, or for any lost profits, loss of data or procurement of substitute goods or services, however caused and on any theory of liability (including negligence or strict liability), arising out of this agreement or your use or inability to use our website or services, even if we have been advised of the possibility of such damages.
In no event shall our aggregate liability arising out of this agreement or your use of our website or services, whether in contract, tort, or otherwise, exceed the greater of (a) the amount of fees paid by you to purchase the content or products that gave rise to such liability, and (b) $100.10. Indemnification
IN CONSIDERATION of being permitted to participate in swimming, swimming lessons, aquatics activities and/or the use of aquatics equipment pursuant to the services offered by Safety Before Skill Co., (hereinafter collectively “the activities”), EACH OF THE UNDERSIGNED, for himself/herself, their personal representatives, heirs, and next of kin, acknowledges, agrees and represents that they have, or will immediately upon initiating said activities, and will continuously thereafter, inspect such areas, including the swimming pool and surrounding area, to be used for the activities and all portions thereof which they enter, and does further warrant that participation in the activities constitutes an acknowledgment that they have inspected such areas and finds and accepts the same as being safe and reasonably suited for the activities, and EACH OF THE UNDERSIGNED further agree to the following:
A. EACH OF THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Safety Before Skill Co., Karen Lamoreaux, the owners and lessees of premises used to conduct the activities and each of them, their officers and employees participating in the activities (hereinafter collectively "the Released Parties"), from all liability to the each of the undersigned, his/her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of any or each of the undersigned, whether caused by the negligence of the Released Parties or otherwise while the undersigned is in or upon the areas to be used for the activities, and/or, competing, observing, working for, or participating in the activities.
B. EACH OF THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Released Parties and each of them from any loss, liability, damage, or cost they may incur due to the presence of each of the undersigned in or upon the areas to be used for the activities or they may incur in any way while competing, observing, or working for or for any purpose participating in the activities and whether caused by the negligence of the Released Parties or otherwise.
C. EACH OF THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Released Parties or otherwise while in or upon the area to be used for the activities and/or while competing, observing, or working for or for any purpose participating in the activities.
D. EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities covered by this Release are potentially dangerous and involve the risk of serious injury and/or death and/or property damage. Specifically, and without limitation, each of the undersigned acknowledges and agrees that the risks undertaken may include head or spinal cord injuries, respiratory distress and additional dangers pursuant to being in or around the swimming pool area.
E. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Arkansas and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full legal force and effect.
F. EACH OF THE UNDERSIGNED understands and agrees that the Released Parties do not have medical personnel available at the location of the activities. In the case of any illness, injury, accident or emergency, each of the undersigned gives consent and permission to the Released Parties to supervise or perform first aid for minor injuries. It is further understood that the Released Parties are not responsible for any costs or expenses resulting from the care or treatment of any injured parties and that the Released Parties do not assume responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment. Each of the undersigned understands and agrees that the Released Parties are under no obligation to perform any first aid for injuries or to assist any injured party in seeking emergency of professional care for any injury pertaining to the activities. Each of the undersigned hereby releases, indemnifies and holds harmless the Release Parties for any act or omission related to the provision of emergency medical treatment or care for any injured party.
G. EACH OF THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement that has been made.11. Termination
These Terms shall take effect on the date you first access or use our website and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our website and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities. 12. Governing Law; Jurisdiction
These Terms are governed by the laws of Arkansas, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Pulaski County, Arkansas or federal court in Pulaski County, Colorado. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in such courts in any such legal action or proceeding. 13. Assignment or Transfer of Terms
You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 14. Modifications
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our website after those changes become effective, you consent and agree to be bound by the revised Terms. Contact Us
If you have any questions or comments regarding these Terms, you can contact us at: email@example.com
These Terms of Service are effective as of July 16, 2020.