The following describes the terms on which Swim Coach Finder offers you access to our services. By using the Service in any way, you are agreeing to comply with the Terms and Conditions of Swim Coach Finder. In addition, when using particular Swim Coach Finder services, you agree to abide by any applicable posted guidelines for all Swim Coach Finder services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Swim Coach Finder in any way, your only recourse is to immediately discontinue use of Swim Coach Finder. Swim Coach Finder has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.
Introduction
Welcome to Swim Coach Finder. If you reside outside of the United States, you are contracting with our United States Company under California laws. This Agreement is effective on December 16, 2009, for current users, and upon acceptance for new users.
Before you may become a member of Swim Coach Finder, you must read and accept all of the terms and the Swim Coach Finder Privacy Policy. By accepting these Terms, you agree that these Terms and Privacy Policy will apply whenever you use Swim Coach Finder sites or services, or when you use the tools we make available to interact with Swim Coach Finder sites and services. If you use another Swim Coach Finder site, you agree to accept the Terms and Privacy Policy applicable to that site.
Modification to this agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the terms at: http://www.swimcoachfinder.com/terms
Using Swim Coach Finder
While using Swim Coach Finder sites, services and tools, you will not:
1. post content or items in an inappropriate category or areas on our sites and services;
2. violate any laws, third party rights or our policies, other services that is not coaching services;
3. use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
4. fail to deliver payment for items purchased by you, unless the seller has materially changed the items description after you bid, a clear typographical error is made, or you cannot authenticate the sellers identity;
5. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyers identity;
6. manipulate the price of any item or interfere with other users listings;
7. circumvent or manipulate our fee structure, the billing process, or fees owed to Swim Coach Finder;
8. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
9. take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to Swim Coach Finder);
10. transfer your Swim Coach Finder account (including Feedback) and user ID to another party without our consent;
11. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
12. distribute viruses or any other technologies that may harm Swim Coach Finder, or the interests or property of Swim Coach Finder users;
13. export or re-export any Swim Coach Finder tools except in compliance with the export control laws of any relevant jurisdictions;
14. copy, modify, or distribute rights or content from the Swim Coach Finder sites, service, or tools or Swim Coach Finder copyrights and trademarks;
15. harvest or otherwise collect information about users, including email addresses, without their consent.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service.
You understand that Swim Coach Finder does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Swim Coach Finder site and Content available through the Service may contain links to other websites, which are completely independent of Swim Coach Finder. Swim Coach Finder makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Swim Coach Finder be liable in any way for any Content or for any loss, injury or damage or death of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that Swim Coach Finder does not pre-screen or approve Content, but that Swim Coach Finder shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Abusing Swim Coach Finder and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Swim Coach Finder sites, services, or tools.
Content Rights
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. While we try to offer reliable data, we cannot promise that the listings will always be accurate and up-to-date, and you agree not to hold our listings content providers or us responsible for inaccuracies in listings. If you choose to include listings content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Swim Coach Finder policies. The listings may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the listings or create any derivative works based on listings content (other than by including them in your listings).
Athletes Due Diligence
Swim Coach Finder recommends to all athlete users that before hiring a coach, an athlete needs to contact a coach’s references and feedback users they may have provided on their profile. Athletes also need to ask their former clients questions about their experience and safety while working with the swim coach in question. Swim Coach Finder does not do any background checks or credit checks on any of its users and leaves it up to its users to do these investigations. You agree that it is solely up to you to complete these investigations before hiring a coach for their services and agree that it is up to you to how far these investigations should go before feeling comfortable hiring the coach for their services.
Swim Coach Finder also recommends all athlete users to ask to see a swim coaches CPR, First Aid and Swimming Certifications before they hire a coach and you agree it is solely your responsibility to do so before you hire a coach. Swim Coach Finder does not enforce certifications and you agree it is your responsibility. You also understand the harmful risks associate by not having a swim coach with these certifications coaching you. You also agree to hold Swim Coach Finder harmless if you do not ask a swim coach for these certifications and harm or damage should occur to yourself or others.
Swim Coach Finder also recommends that all athletes ask for a copy of the pool and coaches rules from their coach before entering the water and you agree it is solely your responsibility to read and obey these rules before you enter the water. You also agree you understand the risks involved for not obeying these safety rules.
Swim Coach Finder also recommends that a swim coach and athlete both have medical insurance that will properly cover you if injury or worse should occur while participating in the sport of swimming. You agree you will not participate in the swim clinic if you are not healthy enough to participate and it is up to you to determine your participation. You and any child, parental guardian, sibling, friend or their influence agree to hold harmless Swim Coach Finder, the swim coach and their influence, the pool facility and all other agents, employees, or public departments. You also agree to not hold any of the following persons that were just mentioned responsible for paying for your medical expenses or co-payments to the hospital if injury should occur before, during or after a swim clinic you participated in.
Swim Coach Finder recommends that all athletes have a friend or family member watch them during the swim clinic. Swim Coach Finder strongly recommends athletes not be left alone or ask to be left alone with a Swim Coach. This behavior is unacceptable by Swim Coach Finder and you agree it is your responsibility to no longer participate in the swim clinic if you feel you are uncomfortable or are left alone with a swim coach. Please contact Swim Coach Finder if you have concerns or questions about a user or contact your local police or emergency department.
Limitation of Liability
You will not hold Swim Coach Finder responsible for other users content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer or social network. Instead, our sites are venues to allow anyone to offer, sell, and buy coaching services, at anytime, from anywhere, in a variety of pricing formats and locations, fixed price formats, and auction-style formats. We are not involved in the actual transaction between athletes and coaches. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of the coaching services advertised, the truth or accuracy of users; content or listings, the ability of coach to coach, the ability of athlete to pay for the coaching services, or that a athletes or coach will actually complete a transaction or not show up for the appointment. We do not transfer legal ownership of coaching services from the coach to the athlete, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the athlete and the coach agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. User agrees regardless of the previous paragraphs, if Swim Coach Finder is found to be liable, our liability to you or to any third party is limited to the lesser of the (a)total fees (under Swim Coach Finder Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability or(b)$100.
Buyer Protection
Athletes and Coaches share the responsibility for making sure purchases facilitated by Swim Coach Finder are exciting, rewarding, and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Athletes and Coaches agree to follow the requirements of the Swim Coach Finder Buyer Protection Policy with respect to claims. We require Swim Coach Finder athletes and coaches to comply with our resolution process. Athletes and coaches permit us to make a final decision, in our sole discretion, on any claim that a buyer files with Swim Coach Finder under the Swim Coach Finder
Buyer Protection Policy.
If we resolve a dispute in the buyers favor, we will refund the athlete for the cost of the item and we will require the coach to reimburse us for the refund. Without limiting the foregoing, coaches may not have to pay a reimbursement for a Swim Coach Finder claim if they provide the documentation.
1. Athletes and Coaches must have a reimbursement method on file with Swim Coach Finder.
2. For transactions paid with PayPal, Coaches agree to allow us to remove funds from their PayPal accounts to reimburse athletes. Coaches may change this reimbursement method by contacting Swim Coach Finder.
3. When there are insufficient funds in PayPal accounts, transactions are not paid with PayPal, or when PayPal is not the reimbursement method of a seller, we will require another reimbursement method. For future claims where the Coach is found at fault, we will notify the Coach and continue to charge the Coaches preferred method for any reimbursements made under the Buyer Protection Policy. Changing a reimbursement method will not affect Swim Coach Finder use of a payment method on file for other purposes (such as payment of your Swim Coach Finder fees). If Coaches do not provide Swim Coach Finder with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Coaches from trading on our sites until payment is made.
Limitations of Service
You acknowledge that Swim Coach Finder may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Swim Coach Finder has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Swim Coach Finder reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that swim coach finder shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of Service
You agree that Swim Coach Finder, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Swim Coach Finder believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Swim Coach Finder shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Joining Swim Coach Finder is free to sign up for both athletes and coaches membership.
Athletes Fees
1. Athletes can search for coaches they want to hire for free.
2. Athletes can post ads to solicit business from coaches for free with the option of purchasing a premium service fee of $15 to place the athlete ad in the top listings of the location he or she resides in.
3. Athletes can directly contact coaches for
4. Athletes can search coach ads for deals and specials offers for free
5. When there is an executed contract between athlete and coach; the athlete is obligated to pay the coach via Pay Pal.
Coaches Fees & Process of Payment
1. A coach is charged 10% of their gross revenue by Swim Coach Finder from the athletes payment to the coach as indicated in the agreed executed contract between athlete and coach.
2. The process of payment is the athlete pays coach by sending the money via Pay Pal to Swim Coach Finders escrow account. Swim Coach Finder then holds the money and executes the payment of the contract to the coach on the date the clinic or lesson is agreed upon in the contract on Swim Coach Finder.com. If any changes have been made then the athlete and coach need to notify Swim Coach Finder in writing of the new contract agreement. Swim Coach Finder sends the funds through Pay Pal direct deposit to the coach.
3. Users agrees Swim Coach Finder will send funds on the next business day if the clinic is on a Saturday, Sunday or US Bank Holiday or if it is after 2PM pacific standard time. User agrees Swim Coach Finder is not responsible for any losses this inconvenience may or may not have on the user.
4. Users are subject to the United States and International mail service delays when the user requests funds send to them by check and Swim Coach Finder is not responsible for those delays. User agrees when they request a check to be mailed by Swim Coach Finder will charge those mailing costs and deduct those charges out of the gross revenues of the user.
A Coach profile lists under Search for Coaches for free.
Premium Coach Fee: $15 premium fee can be purchased by a coach to list their profile in the top search listings for athletes who are searching for coaches based on location, keyword or ratings.
Coach Ad: a coach can create an for $.99 that will give a detail list of their next event, clinic or lesson.
Change of Fees Notice
We may change our schedule of fees from time to time. Changes to that schedule are effective immediately and posted in these terms. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.
Liability Release Agreement
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the
WARNING: READ CAREFULLY.THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE Swim Coach Finder AND OTHER PARTIES. DO NOT AGREE TO THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY AND IF YOU DO NOT AGREE TO THE LIABILITY RELEASE AGREEMENT DO NOT SUE OUR SERVICES. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
Athlete and Coach 2009 WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT IN CONSIDERATION of Swim Coach Finder allowing me to participate in any Swim Coach Finder sanctioned event(s), clinic(s), or swim lesson(s) as either a member of Swim Coach Finder or through the issuance of a single event license or permit; I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event, Swim Clinic, or Swim Lesson; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event, Swim Clinic, Swim Lesson. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, Swim Clinic, Swim Lesson.
2. I understand and acknowledge the physical and mental rigors associated with swimming, and realize that swimming and other portions of such Events, Swim Clinics, Swim Lessons are inherently dangerous and represent an extreme test of a persons physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Coach(s); and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers Risks. I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, Swim Clinic, Swim Lesson or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, Swim Clinic or Swim Lesson, including but not limited to the Pool Facility, Coach Rules and Safety Guidelines and Swim Coach Finder Safety Rules and Guidelines. I also accept sole responsibility for my own conduct and actions while participating in the Event, Swim Clinic, Swim Lesson and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Swim Coach Finder company, Owners, Property, Directors, Employees, Agents, the Event, Swim Clinic and or Swim Lesson Organizers and Promoters, Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event, Swim Clinic, Swim Lesson, takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, Swim Clinic, Swim Lesson, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the Released Parties or Event, Swim Clinic, Swim Lesson Organizers, and Swim Coach Finder company, owners, employees ”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature which may arise out of, result from, or relate to my participation in the Event, Swim Clinic, Swim Lesson including claims for Liability caused in whole or in part by the negligence of the Released Parties.
5.I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by agreeing to it on the site SwimCoachFinder.com (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have agreed to this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my agreement to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement.
6. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
7. In addition if you are a Parent and/or Legal Guardian to the minor identified, I hereby accept and agree to all of the terms and conditions of this Agreement in connection with the participation in the Event(s), Swim Clinic, Swim Lesson. If, despite this Agreement, I, or anyone on the minors behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Swim Coach Finder by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Swim Coach Finder and the appropriate third party, as applicable;
3. interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or
4. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to Swim Coach Finder email addresses or through Swim Coach Finder computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Swim Coach Finder computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Swim Coach Finder Privacy Policy. You agree to give us your information and your information is to be viewed by Swim Coach Finder, third party affiliates and our member users. We view protection of users privacy as a very important community principle. We use third parties to store and process your information on servers. This information is on many different servers through this secure third party hosting company. We also use third parties for our tech support and design that may give them access to your information. We also use third parties through Pay Pal for all money transactions. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account and sending Swim Coach Finder a message.
If you object to your information being transferred or used in this way or you agree to hold Swim Coach Finder legally accountable if a user, non-user, affiliate, third party or Swim Coach Finder compromises your information, you agree to hold Swim Coach Finder harmless of all such identity claims. Your use of the Swim Coach Finders website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Swim Coach Finder may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Swim Coach Finder, its users or the general public.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served on Swim Coach Finder national registered agent (in the case of Swim Coach Finder) or to the email address you provide to Swim Coach Finder during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Taxes
A coach who is a citizen, permanent resident or non resident alien, living in the United States and makes an income of $600 or greater from using Swim Coach Finder social network will be 1099 by Swim Coach Finder in compliance with the IRS regulations. Swim Coach Finder will ask a coach who has made $600 or greater than $600 for updated information in October including current mailing address and to fill out a W-9.
Coach Unpaid Policy
Swim Coach Finder unpaid policy is athletes and coaches automatically enter into a legally binding contract to purchase the service from the coach if they request and accept each others terms, conditions for the coaching services. Swim Coach Finder unpaid policy requires athletes to pay the coach for the swim session that they commit to purchase.
Swim Coach Finder can open an unpaid item case in our Resolution Center through our contact us page when an athlete does not pay for a coaches services. If the athlete does not pay or reach some other agreement with the coach, Swim Coach Finder may issue an unpaid item strike on the athlete’s account.
Note: If an athlete or coach gets too many strikes in too short a time period, their account may be restricted or suspended indefinitely by Swim Coach Finder.
Resolution of Disputes
If a dispute arises between you and Swim Coach Finder, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Swim Coach Finder agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a Claim in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the contacting customer support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Swim Coach Finder must be resolved exclusively by a state or federal court located in San Joaquin County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
You agree to submit to the personal jurisdiction of the courts located within San Joaquin County, California for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties.
The ADR provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
All claims you bring against Swim Coach Finder must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Swim Coach Finder may recover attorneys fees and costs up to $1000, provided that Swim Coach Finder has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Each of these policies may be changed from time to time. Changes take effect when we post them on the Swim Coach Finder site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
Swim Coach Finder is located at 152 1/2 W. Fulton Street, Stockton, CA 95204. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective immediately. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a writing does not include an email message and a signature does not include an electronic signature. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Introduction
Welcome to Swim Coach Finder. If you reside outside of the United States, you are contracting with our United States Company under California laws. This Agreement is effective on December 16, 2009, for current users, and upon acceptance for new users.
Before you may become a member of Swim Coach Finder, you must read and accept all of the terms and the Swim Coach Finder Privacy Policy. By accepting these Terms, you agree that these Terms and Privacy Policy will apply whenever you use Swim Coach Finder sites or services, or when you use the tools we make available to interact with Swim Coach Finder sites and services. If you use another Swim Coach Finder site, you agree to accept the Terms and Privacy Policy applicable to that site.
Modification to this agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the terms at: http://www.swimcoachfinder.com/terms
Using Swim Coach Finder
While using Swim Coach Finder sites, services and tools, you will not:
1. post content or items in an inappropriate category or areas on our sites and services;
2. violate any laws, third party rights or our policies, other services that is not coaching services;
3. use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
4. fail to deliver payment for items purchased by you, unless the seller has materially changed the items description after you bid, a clear typographical error is made, or you cannot authenticate the sellers identity;
5. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyers identity;
6. manipulate the price of any item or interfere with other users listings;
7. circumvent or manipulate our fee structure, the billing process, or fees owed to Swim Coach Finder;
8. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
9. take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to Swim Coach Finder);
10. transfer your Swim Coach Finder account (including Feedback) and user ID to another party without our consent;
11. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
12. distribute viruses or any other technologies that may harm Swim Coach Finder, or the interests or property of Swim Coach Finder users;
13. export or re-export any Swim Coach Finder tools except in compliance with the export control laws of any relevant jurisdictions;
14. copy, modify, or distribute rights or content from the Swim Coach Finder sites, service, or tools or Swim Coach Finder copyrights and trademarks;
15. harvest or otherwise collect information about users, including email addresses, without their consent.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service.
You understand that Swim Coach Finder does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Swim Coach Finder site and Content available through the Service may contain links to other websites, which are completely independent of Swim Coach Finder. Swim Coach Finder makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Swim Coach Finder be liable in any way for any Content or for any loss, injury or damage or death of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that Swim Coach Finder does not pre-screen or approve Content, but that Swim Coach Finder shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Abusing Swim Coach Finder and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Swim Coach Finder sites, services, or tools.
Content Rights
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. While we try to offer reliable data, we cannot promise that the listings will always be accurate and up-to-date, and you agree not to hold our listings content providers or us responsible for inaccuracies in listings. If you choose to include listings content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Swim Coach Finder policies. The listings may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the listings or create any derivative works based on listings content (other than by including them in your listings).
Athletes Due Diligence
Swim Coach Finder recommends to all athlete users that before hiring a coach, an athlete needs to contact a coach’s references and feedback users they may have provided on their profile. Athletes also need to ask their former clients questions about their experience and safety while working with the swim coach in question. Swim Coach Finder does not do any background checks or credit checks on any of its users and leaves it up to its users to do these investigations. You agree that it is solely up to you to complete these investigations before hiring a coach for their services and agree that it is up to you to how far these investigations should go before feeling comfortable hiring the coach for their services.
Swim Coach Finder also recommends all athlete users to ask to see a swim coaches CPR, First Aid and Swimming Certifications before they hire a coach and you agree it is solely your responsibility to do so before you hire a coach. Swim Coach Finder does not enforce certifications and you agree it is your responsibility. You also understand the harmful risks associate by not having a swim coach with these certifications coaching you. You also agree to hold Swim Coach Finder harmless if you do not ask a swim coach for these certifications and harm or damage should occur to yourself or others.
Swim Coach Finder also recommends that all athletes ask for a copy of the pool and coaches rules from their coach before entering the water and you agree it is solely your responsibility to read and obey these rules before you enter the water. You also agree you understand the risks involved for not obeying these safety rules.
Swim Coach Finder also recommends that a swim coach and athlete both have medical insurance that will properly cover you if injury or worse should occur while participating in the sport of swimming. You agree you will not participate in the swim clinic if you are not healthy enough to participate and it is up to you to determine your participation. You and any child, parental guardian, sibling, friend or their influence agree to hold harmless Swim Coach Finder, the swim coach and their influence, the pool facility and all other agents, employees, or public departments. You also agree to not hold any of the following persons that were just mentioned responsible for paying for your medical expenses or co-payments to the hospital if injury should occur before, during or after a swim clinic you participated in.
Swim Coach Finder recommends that all athletes have a friend or family member watch them during the swim clinic. Swim Coach Finder strongly recommends athletes not be left alone or ask to be left alone with a Swim Coach. This behavior is unacceptable by Swim Coach Finder and you agree it is your responsibility to no longer participate in the swim clinic if you feel you are uncomfortable or are left alone with a swim coach. Please contact Swim Coach Finder if you have concerns or questions about a user or contact your local police or emergency department.
Limitation of Liability
You will not hold Swim Coach Finder responsible for other users content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer or social network. Instead, our sites are venues to allow anyone to offer, sell, and buy coaching services, at anytime, from anywhere, in a variety of pricing formats and locations, fixed price formats, and auction-style formats. We are not involved in the actual transaction between athletes and coaches. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of the coaching services advertised, the truth or accuracy of users; content or listings, the ability of coach to coach, the ability of athlete to pay for the coaching services, or that a athletes or coach will actually complete a transaction or not show up for the appointment. We do not transfer legal ownership of coaching services from the coach to the athlete, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the athlete and the coach agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. User agrees regardless of the previous paragraphs, if Swim Coach Finder is found to be liable, our liability to you or to any third party is limited to the lesser of the (a)total fees (under Swim Coach Finder Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability or(b)$100.
Buyer Protection
Athletes and Coaches share the responsibility for making sure purchases facilitated by Swim Coach Finder are exciting, rewarding, and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Athletes and Coaches agree to follow the requirements of the Swim Coach Finder Buyer Protection Policy with respect to claims. We require Swim Coach Finder athletes and coaches to comply with our resolution process. Athletes and coaches permit us to make a final decision, in our sole discretion, on any claim that a buyer files with Swim Coach Finder under the Swim Coach Finder
Buyer Protection Policy.
If we resolve a dispute in the buyers favor, we will refund the athlete for the cost of the item and we will require the coach to reimburse us for the refund. Without limiting the foregoing, coaches may not have to pay a reimbursement for a Swim Coach Finder claim if they provide the documentation.
1. Athletes and Coaches must have a reimbursement method on file with Swim Coach Finder.
2. For transactions paid with PayPal, Coaches agree to allow us to remove funds from their PayPal accounts to reimburse athletes. Coaches may change this reimbursement method by contacting Swim Coach Finder.
3. When there are insufficient funds in PayPal accounts, transactions are not paid with PayPal, or when PayPal is not the reimbursement method of a seller, we will require another reimbursement method. For future claims where the Coach is found at fault, we will notify the Coach and continue to charge the Coaches preferred method for any reimbursements made under the Buyer Protection Policy. Changing a reimbursement method will not affect Swim Coach Finder use of a payment method on file for other purposes (such as payment of your Swim Coach Finder fees). If Coaches do not provide Swim Coach Finder with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Coaches from trading on our sites until payment is made.
Limitations of Service
You acknowledge that Swim Coach Finder may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Swim Coach Finder has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Swim Coach Finder reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that swim coach finder shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of Service
You agree that Swim Coach Finder, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Swim Coach Finder believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Swim Coach Finder shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Joining Swim Coach Finder is free to sign up for both athletes and coaches membership.
Athletes Fees
1. Athletes can search for coaches they want to hire for free.
2. Athletes can post ads to solicit business from coaches for free with the option of purchasing a premium service fee of $15 to place the athlete ad in the top listings of the location he or she resides in.
3. Athletes can directly contact coaches for
4. Athletes can search coach ads for deals and specials offers for free
5. When there is an executed contract between athlete and coach; the athlete is obligated to pay the coach via Pay Pal.
Coaches Fees & Process of Payment
1. A coach is charged 10% of their gross revenue by Swim Coach Finder from the athletes payment to the coach as indicated in the agreed executed contract between athlete and coach.
2. The process of payment is the athlete pays coach by sending the money via Pay Pal to Swim Coach Finders escrow account. Swim Coach Finder then holds the money and executes the payment of the contract to the coach on the date the clinic or lesson is agreed upon in the contract on Swim Coach Finder.com. If any changes have been made then the athlete and coach need to notify Swim Coach Finder in writing of the new contract agreement. Swim Coach Finder sends the funds through Pay Pal direct deposit to the coach.
3. Users agrees Swim Coach Finder will send funds on the next business day if the clinic is on a Saturday, Sunday or US Bank Holiday or if it is after 2PM pacific standard time. User agrees Swim Coach Finder is not responsible for any losses this inconvenience may or may not have on the user.
4. Users are subject to the United States and International mail service delays when the user requests funds send to them by check and Swim Coach Finder is not responsible for those delays. User agrees when they request a check to be mailed by Swim Coach Finder will charge those mailing costs and deduct those charges out of the gross revenues of the user.
A Coach profile lists under Search for Coaches for free.
Premium Coach Fee: $15 premium fee can be purchased by a coach to list their profile in the top search listings for athletes who are searching for coaches based on location, keyword or ratings.
Coach Ad: a coach can create an for $.99 that will give a detail list of their next event, clinic or lesson.
Change of Fees Notice
We may change our schedule of fees from time to time. Changes to that schedule are effective immediately and posted in these terms. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.
Liability Release Agreement
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the
WARNING: READ CAREFULLY.THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE Swim Coach Finder AND OTHER PARTIES. DO NOT AGREE TO THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY AND IF YOU DO NOT AGREE TO THE LIABILITY RELEASE AGREEMENT DO NOT SUE OUR SERVICES. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
Athlete and Coach 2009 WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT IN CONSIDERATION of Swim Coach Finder allowing me to participate in any Swim Coach Finder sanctioned event(s), clinic(s), or swim lesson(s) as either a member of Swim Coach Finder or through the issuance of a single event license or permit; I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event, Swim Clinic, or Swim Lesson; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event, Swim Clinic, Swim Lesson. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, Swim Clinic, Swim Lesson.
2. I understand and acknowledge the physical and mental rigors associated with swimming, and realize that swimming and other portions of such Events, Swim Clinics, Swim Lessons are inherently dangerous and represent an extreme test of a persons physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Coach(s); and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers Risks. I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, Swim Clinic, Swim Lesson or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
3. I agree to be familiar with and abide by the Rules and Regulations established for the Event, Swim Clinic or Swim Lesson, including but not limited to the Pool Facility, Coach Rules and Safety Guidelines and Swim Coach Finder Safety Rules and Guidelines. I also accept sole responsibility for my own conduct and actions while participating in the Event, Swim Clinic, Swim Lesson and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Swim Coach Finder company, Owners, Property, Directors, Employees, Agents, the Event, Swim Clinic and or Swim Lesson Organizers and Promoters, Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event, Swim Clinic, Swim Lesson, takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, Swim Clinic, Swim Lesson, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the Released Parties or Event, Swim Clinic, Swim Lesson Organizers, and Swim Coach Finder company, owners, employees ”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature which may arise out of, result from, or relate to my participation in the Event, Swim Clinic, Swim Lesson including claims for Liability caused in whole or in part by the negligence of the Released Parties.
5.I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by agreeing to it on the site SwimCoachFinder.com (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have agreed to this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my agreement to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement.
6. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
7. In addition if you are a Parent and/or Legal Guardian to the minor identified, I hereby accept and agree to all of the terms and conditions of this Agreement in connection with the participation in the Event(s), Swim Clinic, Swim Lesson. If, despite this Agreement, I, or anyone on the minors behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Swim Coach Finder by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Swim Coach Finder and the appropriate third party, as applicable;
3. interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or
4. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to Swim Coach Finder email addresses or through Swim Coach Finder computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Swim Coach Finder computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Swim Coach Finder Privacy Policy. You agree to give us your information and your information is to be viewed by Swim Coach Finder, third party affiliates and our member users. We view protection of users privacy as a very important community principle. We use third parties to store and process your information on servers. This information is on many different servers through this secure third party hosting company. We also use third parties for our tech support and design that may give them access to your information. We also use third parties through Pay Pal for all money transactions. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account and sending Swim Coach Finder a message.
If you object to your information being transferred or used in this way or you agree to hold Swim Coach Finder legally accountable if a user, non-user, affiliate, third party or Swim Coach Finder compromises your information, you agree to hold Swim Coach Finder harmless of all such identity claims. Your use of the Swim Coach Finders website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Swim Coach Finder may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Swim Coach Finder, its users or the general public.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served on Swim Coach Finder national registered agent (in the case of Swim Coach Finder) or to the email address you provide to Swim Coach Finder during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Taxes
A coach who is a citizen, permanent resident or non resident alien, living in the United States and makes an income of $600 or greater from using Swim Coach Finder social network will be 1099 by Swim Coach Finder in compliance with the IRS regulations. Swim Coach Finder will ask a coach who has made $600 or greater than $600 for updated information in October including current mailing address and to fill out a W-9.
Coach Unpaid Policy
Swim Coach Finder unpaid policy is athletes and coaches automatically enter into a legally binding contract to purchase the service from the coach if they request and accept each others terms, conditions for the coaching services. Swim Coach Finder unpaid policy requires athletes to pay the coach for the swim session that they commit to purchase.
Swim Coach Finder can open an unpaid item case in our Resolution Center through our contact us page when an athlete does not pay for a coaches services. If the athlete does not pay or reach some other agreement with the coach, Swim Coach Finder may issue an unpaid item strike on the athlete’s account.
Note: If an athlete or coach gets too many strikes in too short a time period, their account may be restricted or suspended indefinitely by Swim Coach Finder.
Resolution of Disputes
If a dispute arises between you and Swim Coach Finder, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Swim Coach Finder agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a Claim in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the contacting customer support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Swim Coach Finder must be resolved exclusively by a state or federal court located in San Joaquin County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
You agree to submit to the personal jurisdiction of the courts located within San Joaquin County, California for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties.
The ADR provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
All claims you bring against Swim Coach Finder must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Swim Coach Finder may recover attorneys fees and costs up to $1000, provided that Swim Coach Finder has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Each of these policies may be changed from time to time. Changes take effect when we post them on the Swim Coach Finder site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
Swim Coach Finder is located at 152 1/2 W. Fulton Street, Stockton, CA 95204. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective immediately. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a writing does not include an email message and a signature does not include an electronic signature. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
