Last Modified: January 1, 2022
Swim Like A. Fish provides: Online Education via Training Plans, Season Plans, Coaching Courses, and Video Analysis Packages. Virtual Coaching including: Swim, Dryland/Strength Training, and Strength and Conditioning + Dryland Programming. In-person events such as: Swim Lessons, Swim Camps/Clinics, and Swim, Dryland, & Strength Training.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, videos, swimming programs, coaching techniques and programs, weight training programs and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Website may, either currently, or in the future contain message boards, chat rooms, forums, bulletin boards, reviews and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Company name, the terms Swim Like A. Fish, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
Company responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:
Subject Line: DMCA Compliance
Please provide the following information:
Reliance on Information Posted and Instructor Programs
The information, coaching and Programs presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the information, coaching or Programs. Any reliance you place on such information and your participation in the Programs is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials and your participation in the Programs by you or any other visitor to the Website.
Although our Website is used for your health, fitness, wellness and swimming goals, the content on this Website and on any Programs purchased through this Website should not be considered medical advice and is not intended to replace the relationship that you have with your physician or any other health care professional. The content and Programs are not designed to provide medical diagnosis, advice, or treatment. You should discuss all information and Programs received through the Website with your physician before making any medical decisions, including starting, stopping or modifying any medication, physical therapy or other treatment or care plan. The Company does not recommend or endorse any specific tests, physicians, medications, products or procedures.
At times, this Website may include content, coaching and Programs provided by third parties, including materials and Programs provided by swim instructors, weight training instructors, fitness trainers, users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, all coaching and Programs, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials, coaching and Programs. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Any Programs made available on the Website are not intended to diagnose, treat, cure or prevent any disease. All information presented on the Website is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any of the Programs from the Website.
Waivers and Release of Liability from Programs Purchased, Streamed from Website or Participation in In-Person Activities
In consideration of the risk of injury while participating in any Programs, including any streaming classes, events, trainings, competitions, coaching sessions, and all “related activities” incident thereto, offered through the Website by Company or in person, (an “Activity”), you, for yourself, your heirs, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of your participation in the Activity, and do hereby release and forever discharge, for any and all injuries, whether physical, financial or psychological including but not limited to illness, paralysis, death, damages, permanent disability, economical or emotional loss, that you or your child may suffer as a direct result of participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
You acknowledge that you are voluntarily participating in the Activity and are participating in the Activity entirely at your own risk. You assume all related risks, both known or unknown to you, of your participation in any Activity. You confirm that you are in good health and do not have any reason to believe that you have a physical condition that would preclude you from safely participating in any Activity and will consult with your doctor if you have questions as to whether an Activity is right for you.
You acknowledge that no representations or claims are made as to the therapeutic nature or other benefits of any Activities. No Activity is intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. Every participant is different and responds differently to the Activities.
You agree to be financially responsible for any costs relating to medical care or treatment incurred as a result of any Activity.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases of Programs and Commercial Terms
All descriptions, images, references, features, content, specifications, and asking prices for Merchandise and Programs described or depicted on the Website are subject to change at any time without notice.
The Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any Merchandise, Program or Virtual Coaching: (ii) bar any user from making or completing any or all Transaction(s); and (iii) refuse to provide any user with any Merchandise, Program or Virtual Coaching.
The Company, at its sole discretion, may offer promotional pricing, codes or other offers to you (“Promotions”). Promotions cannot be used on past purchases. Promotions are non-transferable and there is no cash alternative. Certain promotions may or may not be used in conjunction with other Promotions or offers, and must be used by the date published, if any. We reserve the right at any time without notice to retract or change any Promotions.
When you pay for certain Programs, Virtual Coaching of any kind, and any other digital or online products (“Digital Products”), they may be delivered via downloadable pdf, email with attachments, online video conferencing, phone calls and other forms of communications and certain Digital Products may only be accessible by logging in with your user name and password. Digital Products, once delivered, are not returnable or refundable.
Digital Product Returns and Refunds. All digital products on our site are non-returnable and non-refundable – including Video Analysis Packages.
Virtual Coaching Returns and Refunds. Swim Virtual Coaching, Custom Strength Training, and Dryland Virtual Training require a upfront 3-month commitment and require a minimum 30-Day Cancellation notice prior to your next billing cycle.
Swim Lesson/Camp/Clinic Policy. All camps, lessons, and clinics are non-refundable, unless you email a cancellation request to us no sooner than 24 hours prior to the camp start time. Cancellation requests must include a written and signed medical excuse from the doctor. Lane Rental fees will still apply even with applicable medical excuse.
Merchandise Returns and Refunds. We will accept a return of Merchandise for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA“) number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Fees and Payment
You acknowledge and agree that when using a credit or debit card, the credit or debit card being used is yours or that you have been specifically authorized by the owner of such card to use it. All card holders are subject to validation and authorization by the issuer of the card.
For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed.
Subscription Fees: At times we may offer services that require a subscription (“Subscription”). For these subscription services, to be able to secure your data and operate our Website, we charge a membership subscription fee (“Subscription Fee”). You agree to pay those amounts shown to you during checkout and understand that our Subscription Fee is non-refundable except as provided for in this Subscription Fee section.
If you subscribe to become a member of the Website, we will charge the applicable Subscription Fee. At times, we may offer trial periods during which customers register for a Subscription and enjoy all the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period, we will automatically charge the applicable Subscription Fee to the payment method that you have supplied during the registration process.
In the event that you would like to cancel a monthly subscription, you must inform Company of your intention to cancel your monthly subscription at least seven (7) days before the next scheduled payment in your billing cycle to avoid being charged for the following month. In the event that you would like to cancel an annual subscription, you must inform Company of your intention to cancel your annual subscription at least thirty (30) days before the next scheduled payment in your annual billing cycle to avoid being charged for the following year. Your subscription can be cancelled by email by sending your cancellation request to email@example.com with “Cancellation Request” in the subject line. Your account access will then terminate at the end of that billing period. If cancelling during the free trial period, please do so at least twenty-four (24) hours prior to the ending date and time of your free trial.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Online Product Listings and Commercial Terms from Third Party Affiliates
For certain products listed on the Website (i.e. swimming and fitness apparel, swimming tools and equipment, etc.) we may act as an online marketplace and the products may be provided either directly from Us or through affiliate programs with third party eCommerce vendors (“Affiliates”). By placing an order and agreeing to these Terms, you are entering into a binding contract with Us and our Affiliates and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Company and our affiliates reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
Payment, Shipping & Returns with Third Party Affiliates
You acknowledge and agree that the credit or debit card being used is yours or that you have been specifically authorized by the owner of such card to use it. All card holders are subject to validation and authorization by the issuer of the card. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery or delay of orders.
Shipping and Returns. Our Affiliates are solely responsible for shipping, returns and exchanges in accordance with their respective shipping and return policy Affiliate who sells the item(s) you purchased. That includes things like different shipping options, how long you have to return a product, what can be returned or what must be exchanged, etc.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Kentucky in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by:
Swim Like A. Fish, LLC
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org