1 Acceptance The Use Of Swimmerstats.com Terms and Conditions
Your access to and use of Swimmerstats.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 Affiliations
We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with USA Swimming, any of its clubs or any state swimming organizations.
3 Advice
The contents of Swimmerstats.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4 Change of Use
Swimmerstats.com reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Swimmerstats.com shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5 Links to Third Party Websites
Swimmerstats.com Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6 Copyright
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Swimmerstats.com or otherwise used by Swimmerstats.com as permitted by law. All information presented on Swimmerstats.com, including names, ages, teams, meets, times, records, and other identifiable personal information, is publicly available information on meet, LSC and/or USA Swimming websites that Swimmerstats.com has compiled using proprietary software. This information is presented in a proprietary format for personal and non-commercial use.
6.2 Permission is granted to temporarily download one copy of the materials (information or software) on Swimmerstats.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Swimmerstats.com’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Swimmerstats.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. .
7 Revisions and Errata
7.1 The materials appearing on Swimmerstats.com’s web site could include technical, typographical, informational, or photographic errors. Swimmerstats.com does not warrant that any of the materials on its web site are accurate, complete, or current. Swimmerstats.com may make changes to the materials contained on its web site at any time without notice. Swimmerstats.com does not, however, make any commitment to update the materials within any specific timeframe.
8 Disclaimers and Limitation of Liability
8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, Swimmerstats.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 Swimmerstats.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
9 Indemnity
You agree to indemnify and hold Swimmerstats.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Swimmerstats.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
10 Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey and you hereby submit to the exclusive jurisdiction of the New Jersey courts.
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