STARTSWIMMING.COM, LLC. TERMS OF SERVICE AND USE

Last Updated Thursday, April 23, 2009

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STARTSWIMMING.COM, LLC STATING THE TERMS THAT GOVERN YOUR USE OF THE "SITE" (DEFINED AS WWW.STARTSWIMMING.COM, AND ALL ASSOICATED SITES AND SERVICES LINKED, NETWORKED, OR ASSOCIATED WITH AND TO WWW.STARTSWIMMING.COM BY STARTSWIMMING.COM, LLC, ITS SUBSIDIARIES AND AFFILIATES.) AND THE "SERVICES" (DEFINED AS STARTSWIMMING.COM, LLC THE SITE, AND ALL SERVICES AND PRODUCTS PROVIDED BY OR THROUGH STARTSWIMMING.COM, LLC ITS SUBSIDIEARIES, AFFILIATES, AND/OR THE SITE THAT, AMONG OTHER THINGS, PERMIT YOU TO PURCHASE REFERRAL INFORMATION--UNDER CERTAIN TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT).

THIS AGREEMENT--TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS,, AND ALL OF STARTSWIMMING.COM, LLC RULES AND POLICIES--COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND STARTSWIMMING.COM, LLC. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND STARTSWIMMING.COM, LLC MAY REFUSE ACCESS TO STARTSWIMMING.COM AND ITS RELATED SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Age requirements for use of the Service.

This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you must review these terms and conditions with your parent or guardian and do hereby acknowledge that your parent or guardian has read, understands and has agreed to these terms and conditions on your behalf and has provided you with their parental or guardian consent to use this Service and that you also agree to its terms and conditions and stated herein (including all related documents incorporated into this Agreement as stated herein).

2. Ownership of the Site.

a. The Site is the Property of StartSwimming.com, LLC and its licensors.

b. Except as expressly provided in these Terms of Service and Use, no part of the Site and no "Content" (defined as anything contained on the Site) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without StartSwimming.com, LLC express prior written consent.

c. You may use information on StartSwimming.com products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by StartSwimming.com, LLC for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

3. Use of the Site

a. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. StartSwimming.com, LLC reserves the right to bar any such activity.

b. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any StartSwimming.com. LLC server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

c. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of StartSwimming.com, LLC, including any StartSwimming.com, LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

d. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or StartSwimming.com, LLC systems or networks, or any systems or networks connected to the Site or to StartSwimming.com, LLC.

e. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

f. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to StartSwimming.com, LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

g. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of StartSwimming.com, LLC or others.

4. Objectionable Material. You understand that while StartSwimming.com, LLC will use reasonable measures to limit such exposure, by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that StartSwimming.com, LLC shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

5. System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

6. Policies and Rules. Your use of the Service and purchases made through it are subject to these Terms of Service and Use and Use, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement.

7. StartSwimming.com. LLC Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to StartSwimming.com, LLC Privacy Policy at the following URL address: www.startswimming.com/privacy which is expressly made a part of this Agreement. If you have not already read StartSwimming.com, LLC Privacy Policy, you should do so now.

9. Account Registration, Security and Password, Account Profile and Member Conduct

a. Registration Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. StartSwimming.com, LLC may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that StartSwimming.com LLC may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.

b. Security and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. Your StartSwimming.com account is for your personal use only. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity without the express written approval of StartSwimming.com, LLC. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify StartSwimming.com, LLC of any unauthorized use of your Account or any other breach of security. StartSwimming.com. LLC shall not be responsible for any losses arising out of the unauthorized use of your Account. It is your responsibility to log out of your account if the computer you are using is accessible to others.

c. Account Profile. StartSwimming.com, LLC reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. StartSwimming.com, LLC has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that StartSwimming.com, LLC in its sole discretion deems appropriate, including, without limitation, under Section 14 below.

d. Member Conduct. By registering and becoming a member of StartSwimming.com, you agree that:
i. You are solely responsible for the content or information you publish or display as part of the StartSwimming.com service.
ii. You will only post honest, current, and accurate information at StartSwimming.com.
iii. If you are an Instructor, you will respond to client/student referrals and accepted referrals within 48 hours or notify StartSwimming.com if you are unable to do so. Failure to do so may result in the deactivation of your account.
iv. If you are a client/student, you will accept or decline available instructors within a 48 hour period. StartSwimming.com cannot guarantee the terms of the agreement with the instructor if your notice to accept occurs after this period.
v. You will not publish or display any defamatory, inaccurate, obscene, sexually oriented, threatening, harassing, racially offensive, illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity).
vi. You will not send junk mail or SPAM to any organizations, businesses, users, or other such parties affiliated with StartSwimming.com, LLC.
vii. You will not post distribute or reproduce in any way any copyrighted material, trademarks, or their proprietary information without obtaining the prior consent of the owner of such proprietary rights.
viii. You are solely responsible for your interactions with other StarSwimming.com members or users. StartSwimming.com, LLC has no obligation to resolve any disputes between you and any other StartSwimming.com member, advertiser, user, business partner, or any other third party.
ix. You will use StartSwimming.com in a manner consistent with any and all applicable laws and regulations pertaining to your use of this site and/or the services you may provide.
12. Territory. The Service is currently available from a company residing in the United States. Any Service you receive or purchase you make from StartSwimming.com, LLC shall be deemed to be in accordance with the applicable U.S. Federal law governing such Service or purchase. You agree not to use or attempt to use the Service in any way that violates laws applicable to you and further agree that StartSwimming.com, LLC may use technologies to verify your compliance.

13. Agreement to Pay.

a. Payment for Products. You agree to pay for all Services and/or Products you purchase through the Service, and that StartSwimming.com. LLC may charge your credit card for any Services and/or Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING STARTSWIMMING.COM, LLC WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until StartSwimmng.com, LLC can verify the validity of the new credit card information.)

b. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO WITH REGARD TO THE SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

16. Violation of These Terms of Service and Use StartSwimming.com. LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) StartSwimming.com, LLC rights or property, or the rights or property of visitors to or users of the Site, including StartSwimming.com, LLC customers. StartSwimming.com, LLC reserves the right at all times to disclose any information that StartSwimming.com, LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. StartSwimming.com, LLC also may disclose your information when StartSwimming.com, LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that StartSwimming.com, LLC may preserve any transmittal or communication by you with StartSwimming.com, LLC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or StartSwimming.com, LLC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of StartSwimming.com, LLC, its employees, users of or visitors to the Site, and the public.

17. Termination.

a. Termination by StartSwimming.com, LLC. If you fail, or StartSwimming.com, LLC suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide StartSwimming.com, LLC with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or infringement or other violation of third parties’ rights, StartSwimming.com, LLC, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; (ii) preclude access to the Service (or any part thereof).

b. Termination of the Service. StartSwimming.com, LLC reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and StartSwimming.com, LLC will not be liable to you or to any third party should it exercise such rights. You further agree that StartSwimming.com, LLC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to StartSwimming.com, LLC, for which monetary damages would be inadequate, and you consent to StartSwimming.com, LLC obtaining any injunctive or equitable relief that StartSwimming.com, LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies StartSwimming.com, LLC may have at law or in equity.

You agree that StartSwimming.com, LLC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If StartSwimming.com, LLC does take any legal action against you as a result of your violation of these Terms of Use, StartSwimming.com, LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to StartSwimming.com, LLC. You agree that StartSwimming.com, LLC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

18. General Compliance with Laws. The Service is controlled and operated by StartSwimming.com, LLC from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

19. Enforcement of These Terms. StartSwimming.com, LLC reserves the right to takes steps StartSwimming.com, LLC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to StartSwimming.com, LLC right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that StartSwimming.com, LLC has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as StartSwimming.com, LLC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to StartSwimming.com right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

20. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, StartSwimming.com, LLC may provide links to certain third party Web sites. You acknowledge and agree that StartSwimming.com, LLC is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. StartSwimming.com, LLC does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that StartSwimming.com, LLC is not in any way responsible for any such use by you.

21. Disclaimer of Warranties; Liability Limitations.

a. IF YOU SCHOOSE TO PARTICIPATE IN ANY SERVICE OR TO USE THE SERVICES OF ANY INSTRUCTOR, BUSINESS, OR FACILITY, YOU DO SO AT YOUR OWN RISK. STARTSWIMMING.COM, LLC DOES NOT INVESTIGATE THE INSTRUCTORS, BUSINESSES, OR FACILITES THAT POST THEIR SERVICES. ANYONE WHO USES THIS SITE IS RESPONSIBLE FOR CONDUCTING HIS OR HER OWN INVESTIGATION INTO SUCH INSTRUCTORS, BUSINESSES, OR FACILITIES BEFORE MAKING A DECISION TO PARTICIPATE IN SAID SERVICES.

b. ANY INSTRUCTOR, BUSINESS, OR FACILITY THAT USES THIS WEBISTE SHALL BE SOLELY RESPONSIBLE FOR THE INFORMATION SET FORTH IN ANY LISING AND AGREES TO HOLD STARTSWIMMING.COM, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND SUCCESSORS IN INTEREST, HARMLESS AND INDEMNIFY IT FROM ANY AND ALL LIABILITIES, DAMAGES, LAWSUITS, ATTORNEY FEES AND COURT COSTS ARISING OUT OF ANY POSTING ON THIS WEBSITE.

a. STARTSWIMMING.COM, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME STARTSWIMMING.COM, LLC MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

c. IN NO CASE SHALL STARTSWIMMING.COM, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STARTSWIMMING.COM, LLC LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. STARTSWIMMING.COM, LLC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND STARTSWIMMING.COM, LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. STARTSWIMMING.COM, LLC DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND STARTSWIMMING.COM, LLC DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

f. STARTSWIMMING.COM, LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. STARTSWIMMING.COM, LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. STARTSWIMMING.COM, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STARTSWIMMING.COM, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY STARTSWIMMING.COM, LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST STARTSWIMMING.COM, LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

g. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

h. StartSwimming.com, LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

22. Limitation of Liability

a. Except where prohibited by law, in no event will StartSwimming.com, LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if StartSwimming.com, LLC has been advised of the possibility of such damages.

b. If, notwithstanding the other provisions of these Terms of Use, StartSwimming.com, LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content StartSwimming.com, LLC liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against StartSwimming.com, LLC (minus any remuneration received by you), or (2) US$100.00 (minus any remuneration received by you). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

23. Waiver and Indemnity YOU AGREE TO INDEMNIFY AND HOLD STARTSWIMMING.COM, LLC, ITS OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY DEMANDS, INJURIES, MISHAPS, LOSS, LIABILITY, CLAIMS, DAMAGES OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST STARTSWIMMING.COM, LLC BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD STARTSWIMMING.COM, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY STARTSWIMMING.COM, LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM STARTSWIMMING.COM, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF STARTSWIMMING.COM, LLC’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

24. Changes. StartSwimming.com, LLC reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of StartSwimming.com, LLC following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

25. Notices. StartSwimming.com, LLC may send you notice with respect to the Service by sending an email message to the email address listed in your StartSwimming.com, LLC Account contact information, by sending a letter via postal mail to the contact address listed in your StartSwimming.com, LLC Account contact information, or by a posting in a prominent location on the StartSwimming.com website. Notices shall become effective immediately.

26. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with StartSwimming.com, LLC or relating in any way to your use of the Service resides in the courts of the State of California.

27. Miscellaneous

a. These Terms of Service and Use constitute the entire agreement between you and StartSwimming.com, LLC and govern your use of the Service, superseding any prior agreements between you and StartSwimming.com, LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service and Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. StartSwimming.com. LLC failure to enforce any right or provisions in these Terms of Service and Use will not constitute a waiver of such provision, or any other provision of these Terms of Service and Use. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. StartSwimming.com, LLC will not be responsible for failures to fulfill any obligations due to causes beyond its control.

b. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

c. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and StartSwimming.com, LLC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and StartSwimming.com, LLC with respect to such use are hereby superseded and cancelled. StartSwimming.com, LLC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejectedStartSwimming.com, LLC failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by StartSwimming.com, LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between StartSwimming.com, LLC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

d. StartSwimming.com, LLC provides access to StartSwimming.com, LLC international data and, therefore, may contain references or cross references to StartSwimming.com, LLC products, programs and services that are not announced in your country. Such reference does not imply that StartSwimming.com, LLC in your country intends to announce such products, programs or services.

28. Void Where Prohibited. StartSwimming.com, LLC administers and operates the www.startswimming.com Site from its location in California, USA; other StartSwimming.com, LLC sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. StartSwimming.com, LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

29. Feedback and Information. Any feedback you provide at this site shall be deemed to be non-confidential. StartSwimming.com, LLC shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Last Updated Thursday, April 23, 2009