Introduction

The following “Agreement” together with the “Privacy Policy” encompasses the Terms and Conditions of Use (“Terms of Use”) of this website. This website is owned and operated by GoSwimMaine.com. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy.

If you do not understand any of these Terms of Use or have any questions, you may contact GoSwimMaine.com at [email protected]

Please read the entire Terms of Use below before using GoSwimMaine.com’s services and acknowledging your acceptance.

This agreement is in effect as of November 10, 2015

Acknowledgement of Terms of Use

By accessing and using the Services, you acknowledge that you are over the age of eighteen (18) and have read, understood, and voluntarily agree to the Terms of Use.  If you do not accept these Terms of Use, you are not authorized to use the Services. GoSwimMaine.com may modify the Terms of Use at any time and such modification will be effective upon posting to the website.

License

As long as you comply with the Terms of Use, GoSwimMaine.com grants you the right to use its website and Services.  However, you are only permitted to use the Services for personal use.  You are not permitted to use the website or services for any business purposes or for monetary gain.

Furthermore, the Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written approval of GoSwimMaine.com.  This limited license grants You no rights in or to the intellectual property of GoSwimMaine.com or any other party. The license granted in this section is conditioned on Your compliance with the Terms of Use. In the event that You breach any provision of the Terms of Use, Your rights under this section will immediately terminate.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Contains any type of unauthorized or unsolicited advertising;

Impersonates any person or entity, including any GoSwimMaine.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of GoSwimMaine.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

You agree to indemnify and hold harmless GoSwimMaine.com and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from GoSwimMaine.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. GoSwimMaine.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on GoSwimMaine.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of GoSwimMaine.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by GoSwimMaine.com.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by GoSwimMaine.com from our offices located in the State of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Choice of Law and Exclusive Jurisdiction

This Agreement and any claims or disputes shall be subject to the laws of the State of California.  You also agree to submit to the jurisdiction of the State and Federal Courts of Orange County, California.

Indemnification

To the fullest extent of the laws in the State of California, you agree to defend, indemnify and hold harmless GoSwimMaine.com, successors-in-interests, predecessors-in-interest, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses, including but not limited to attorneys fees arising from: (1) your use and access to the Services; (2) your violation of any Terms of Service; (3) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or (4) any claim that your Content caused damage to a third party, irrespective of whether or not GoSwimMaine.com is claimed or determined to be partially or wholly negligent by any competent Court of Law.

Arbitration Provision

You agree that any and all claims or disputes arising out of your usage of GoSwimMaine.com’s Services are subject to Arbitration pursuant to the American Arbitration Association Rules and Regulations EXCEPT FOR (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the GoSwimMaine.com Services.  The place of arbitration shall be Orange County, CA.  The arbitration shall be governed by the laws of the State of California.

Severability

Should any provision of the terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Use, and the application of that provisions shall be enforced to the extent permitted by law.

Guarantee

UNLESS OTHERWISE EXPRESSED, GOSWIMMAINE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

GoSwimMaine.com | 5 Cedar Ledge Road, Cape Elizabeth ME 04107