Terms of Use

USA Swimming, INC. ("USA Swimming")

Last updated January 8, 2023

Please read the following Terms of Service carefully. If you do not agree with these terms governing your relationship with USA Swimming, you should not use the USA Swimming applications, website, platform, or other software or technology products.

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and USA Swimming, Inc. (“USA Swimming,” “we,” “us” or “our”), governing your use of the applications, websites, and/or other software or technology products available through https://usaswimming.org, including any and all subdomains or subdirectories thereof (each a "USA SWIMMING URL"), through mobile, desktop, or device applications (each an “App”), and USA Swimming-controlled social media pages that link to this Agreement (including, but not limited to, USA Swimming’s Facebook, Instagram, Spotify, and Twitter).

This Agreement also governs the use of the SWIMS Platform (the “SWIMS Platform”) (collectively along with Apps and the USA Swimming URLs, each a “Technology Product”).

This Agreement governs your use of these Technology Products whether as a guest or a registered user, which is an online application for transactions related to USA Swimming membership and other services. By your use of the SWIMS Platform and any accompanying application, you agree to be bound by this Agreement.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND USA SWIMMING CAN BE BROUGHT (SEE BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST USA SWIMMING TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.


Binding Agreement

By entering into this Agreement, and/or by using or accessing the Technology Products, you expressly acknowledge that you are at least 16 years of age, you are legally able to consent to a binding contract, and that you understand this Agreement (including the dispute resolution and arbitration provisions in this section) and the Privacy Policy (the "Privacy Policy") available here, and you accept all of their respective terms. The Privacy Policy is incorporated by reference into this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TECHNOLOGY PRODUCTS. If you are using the Technology Products on behalf of any other individual or entity, you further represent and warrant that you are authorized to accept this Agreement on such individual or entity's behalf, and that such entity or individual agrees to indemnify USA Swimming for violations of this Agreement.


Modification

By using the Technology Products, or by clicking accept or agree when provided the opportunity to do so or when the option is made available to you, you are accepting this Agreement. This Agreement may be updated by us from time to time without notice to you. Changes are effective immediately when posted. Your continued use of the Technology Products is your acceptance of the revised and updated Agreement. You can review the most current version of the Agreement at any time here.

Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).


Accessing the SWIMS Platform

USA Swimming enables people, organizations, local swimming committees (“LSCs”), member clubs, and other legal entities (collectively "Clients") to access and share certain information.

LSCs, Clients, and all other people, organizations, and other legal entities who access the SWIMS Platform for any reason are considered users (“Users”). Each User may create a User account that enables access to the SWIMS Platform. You must be at least 16 years old to become a User on the SWIMS Platform. Each individual may only create one User account, and USA Swimming reserves the right to shut down any additional accounts. To access the SWIMS Platform or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the SWIMS Platform that all the information you provide on the SWIMS Platform is correct, current, and complete. You agree that all information you provide to register with this SWIMS Platform or otherwise, including but not limited to through use of any interactive features on the SWIMS Platform, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy, including without limitation sharing your information with third party service providers as you or a User direct(s) to enable them to provide you with additional services. If you choose, or are provided with, a username, 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. Unless you are a parent or guardian authorized to register on behalf of an individual under the age of 16, you acknowledge that your account is personal to you and agree not to provide any other person with access to the Technology Product or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 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.

Based on information provided by Users, USA Swimming facilitates the sharing of information between Clients and LSCs chosen by those Clients, in the Clients’ sole discretion. Clients are entirely responsible for choosing which LSC to share information with and are entirely responsible for the information they choose to upload through the SWIMS Platform.

USA Swimming may from time to time provide certain services, programs, promotions, opportunities, and contests to Clients ("USA Swimming Programs"). USA Swimming may at any time in its sole discretion, change, modify, add to, supplement, or delete the terms and conditions of any USA Swimming Program, including without limitation changing the name, fees, and eligibility requirements to participate in such USA Swimming Program. USA Swimming will endeavor to notify you of any material changes by email but will not be liable for any failure to do so.


Unlawful and Prohibited Use of Technology Products

You agree that you will not:

(i) copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, or use the Technology Products to create a derivative work;

(ii) use the Technology Products for any commercial purpose, with the exception that if you are an LSC, you may use the Service for commercial activities reasonably associated to, or in conjunction with, that membership;

(iii) use the Technology Products or information for any political purpose;

(iv) engage in any activity in connection with the Technology Products that is libelous, slanderous, defamatory, fraudulent, unlawful, false or misleading, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, hateful, or otherwise inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;

(v) harvest any information from the Technology Products except subject to an API license agreement with USA Swimming;

(vi) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to the Technology Products including without limitation, any service or product USA Swimming offers;

(vii) modify, re-render, frame, mirror, truncate, add to, inject, filter, or change the order of the information contained on any page of the Service, including, without limitation, by any way of reproducing any web pages on any other website without our express written permission;

(viii) interfere with the proper operation of or any security measure used by the Technology Products;

(ix) infringe any intellectual property or other right of any third party;

(x) use the Technology Products’ information in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you;

(xi) use a false email address or other identifying information, impersonate, or misrepresent any person or entity, or your affiliation with any person or entity, or misrepresent, mislead, or omit as to the origin or source of any material;

(xii) use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Technology Products or information;

(xiii) use the Technology Products in any way which depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of the websites;

(xiv) upload or transmit to the Technology Products any device, software, program, or file that may damage the operation of any computer or the Service, including without limitation, viruses or corrupt files;

(xv) disguise the origin of information transmitted to, from, or through the Technology Products;

(xvii) circumvent any measures implemented by USA Swimming aimed at preventing violations of the Terms. You may not violate the restrictions in any robot exclusion header; or

(xviii) otherwise violate this Agreement or any applicable Additional Terms.

You also agree you will not use the Technology Products for or in connection with offering any third-party product or service not authorized or approved by USA Swimming.

When you use the Technology Products for an authorized purpose, you must include all proprietary notices without changing, hiding or deleting them.

BY USING THE TECHNOLOGY PRODUCTS, YOU AGREE TO REPORT ANY ALLEGED IMPROPRIETIES OF ANY USERS TO USA SWIMMING IMMEDIATELY VIA ELECTRONIC CORRESPONDENCE. IN THE EVENT THAT ANY ALLEGATION OF IMPROPER CONDUCT BY ANY USER IN VIOLATION OF THIS AGREEMENT OR OF APPLICABLE LAW, USA SWIMMING WILL IMMEDIATELY SUSPEND THE ACCOUNT OF SUCH USER PENDING A FULL INVESTIGATION INTO SUCH ALLEGATIONS.


Termination

Participation in the Technology Products is at the sole discretion of USA Swimming, which may limit participation, impose conditions on its use, and discontinue all or part of the Technology Products at any time. Your license and right to use the Technology Products are effective until terminated. USA Swimming may terminate or suspend your right to use the SWIMS Platform at any time for any or no reason, with or without notice. USA Swimming is not obligated to provide you with an explanation for suspension or termination.

Public Content

The SWIMS Platform may contain profiles, reviews, email systems, blogs, message boards, applications, chat areas, news groups, forums, communities, and/or other message or communication areas ("Public Areas") that allow USA Swimming and Users to communicate among each other. Users may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. You understand that all submissions made to Public Areas by Users ("Public Content") will be public and not confidential, that you may be publicly identified by your name or login identification on the SWIMS Platform, and that USA Swimming will not be responsible for any damage or injury to occur because of Public Content or use of Public Areas. Public Content is primarily user generated, and we do not control or vet user generated content for accuracy. USA Swimming does not assume any responsibility for the accuracy or reliability of any information provided by Users on or off the SWIMS Platform. By uploading Public Content, you represent and warrant that it is accurate, truthful, and does not infringe the intellectual property rights of any person; you agree to indemnify USA Swimming from and against any claims resulting from your breach of the foregoing representation and warranty.


License

Subject to your faithful performance of this Agreement, USA Swimming grants you a non-exclusive, non-transferable royalty-free license (the “License”) to access the USA applicable Technology Product(s), and to use the Technology Products in connection with your participation in the SWIMS Platform conditioned on your acceptance without modification of this Agreement. These Technology Products are licensed, to you by USA Swimming for your personal use, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY USA SWIMMING OR ITS LICENSORS. This License will terminate immediately without notice from USA Swimming if you fail to comply with any provision of this License. You may terminate this License at any time upon notice to USA Swimming.

You agree that, except for terms described in our Privacy Policy, any content you post using our Technology Products, including Public Content, becomes the exclusive property of USA Swimming. If you are unable to grant ownership for any reason, you hereby grant USA Swimming a perpetual, irrevocable, worldwide, royalty-free license to reproduce, modify, adapt, translate, publish, publicly display, and distribute such content in any method we choose, for any purpose whatsoever.

Operational and Promotional Communications

By entering into this Agreement or using the SWIMS Platform, and subject to USA Swimming securing any legally required consent from you, you agree to receive operational communications from us, including via e-mail, text message, telephone, and push notifications relating to the status of your membership with USA Swimming (“Operational Communications”). Operational Communications from USA Swimming, its affiliated companies and/or Users, may include but are not limited to communications concerning your User account, the SWIMS Platform, or other Technology Products, updates concerning new and existing features on the SWIMS Platform, and news concerning USA Swimming membership and important industry developments.

If you sign up for text offers and deals from USA Swimming through your mobile device, you are agreeing to receive mobile text alerts using an automatic telephone dialing system or emails (“Promotional Communications”) from us. Where required by law, we will ask you to explicitly opt-in to receive such Promotional Communications from us. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. If we send you Promotional Communications, each will include instructions on how to opt out of receiving those communications in the future. By signing up to receive Promotional Communications, you are confirming you are over the age of 13.

Receive special text offers and deals from USA Swimming through your mobile device. Text SWIM to 32806 to receive critical member communications and on-site fan event notifications from USA Swimming and the USA Swimming Foundation.  Message frequency Varies. Message and data rates may apply.

STOP Information
Text STOP to 32806 to stop receiving USA Swimming alerts from USA Swimming (you will receive a confirmation text).

HELP Information
For additional information, text HELP to 32806 or contact media@usaswimming.org.

IF YOU WISH TO OPT OUT OF PROMOTIONAL OR OPERATIONAL COMMUNICATIONS, YOU CAN UNSUBSCRIBE FROM EITHER COMMUNICATION LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE COMMUNICATION ITSELF OR BY EMAILING US AT PRIVACY@USASWIMMING.ORG. OPTING OUT OF OPERATIONAL COMMUNICATIONS MAY IMPACT YOUR MEMBERSHIP, YOUR USE OF THE SWIMS PLATFORM, OR THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL COMMUNICATIONS AS A CONDITION OF USING THE SWIMS PLATFORM OR THE SERVICES.

Standard text messaging charges applied by your cell phone carrier will apply to texts we send.

View the USA Swimming Privacy Policy here

Supported carriers are:

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

Termination and Suspension

USA Swimming may terminate or suspend your right to use the SWIMS Platform or any other Technology Product at any time for any or no reason, with or without notice. USA Swimming is not obligated to provide you with an explanation for suspension or termination.

Without limiting the foregoing, USA Swimming may terminate or suspend your right to use the SWIMS Platform or other Technology Product if you breach any term of this Agreement or any policy of USA Swimming posted through the SWIMS Platform from time to time, or if USA Swimming otherwise finds that you have engaged in inappropriate and/or offensive behavior. If USA Swimming terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, USA Swimming reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Should USA Swimming find that you violated this Agreement, USA Swimming reserves the right, at its sole discretion, to immediately terminate your use of the SWIMS Platform and Services. By using the SWIMS Platform and/or Services, you agree that USA Swimming may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain User information (including but not limited to, names, addresses, phone numbers, times, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the SWIMS Platform, or (ii) otherwise misuse or misappropriate SWIMS Platform content, including but not limited to, use on a "mirrored", competitive, or third party site. The foregoing remedy shall be in addition to any other rights USA Swimming may have under this Agreement or applicable law. Further, to protect the integrity of the SWIMS Platform and the Services, USA Swimming reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the SWIMS Platform.

Even after your right to use the applicable Technology Product is terminated or suspended, this Agreement will remain enforceable against you.

You may terminate this Agreement at any time by ceasing all use of the Technology Product. All sections which, (a) expressly survive termination of this Agreement, (b) apply to activities that may be conducted without access to the SWIMS Platform, or (c) by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect after and notwithstanding the expiration or termination of this Agreement.


Links to Third-Party Websites

Links (such as hyperlinks) from the Technology Products to third-party sites on the internet do not constitute the endorsement by USA Swimming of those sites or their content. Such links are provided as an information service, for reference and convenience only. USA Swimming does not control any such sites and is not responsible for their content. The existence of links on the Technology Products to such websites (including without limitation external websites that are framed by the SWIMS Platform as well as any advertisements displayed in connection therewith) does not mean that USA Swimming endorses any of the material on such websites or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by this Agreement or the Privacy Policy. You access such third-party websites at your own risk. USA Swimming expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the SWIMS Platform. You agree to hold USA Swimming harmless from any liability that may result from the use of links that may appear on the SWIMS Platform.


Intellectual Property Restrictions

As between you and USA Swimming, all text, graphics, editorial content, results, times, names, teams, awards, schedules, event information, biographical information, history, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, and other content (collectively “Proprietary Material”) that Users see or read through the Technology Products is owned by USA Swimming. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. USA Swimming owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the SWIMS Platform without USA Swimming’ express prior written consent and, if applicable, the holder of the rights to the Personal Information. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of USA Swimming and, if applicable, the holder of the rights to the Personal Information.

The service marks and trademarks of USA Swimming and USA Swimming Foundation, Inc., including without limitation the word USA Swimming and the USA Swimming logos, are service marks and/or trademarks owned by USA Swimming. Any other trademarks, service marks, logos and/or trade names appearing via the Technology Products are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.


Copyright Complaints and Copyright Agent

USA Swimming respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the SWIMS Platform infringe upon your copyright or other intellectual property right, please send the following information to USA Swimming’ Copyright Agent at: ATTN: Copyright Agent, USA Swimming, Inc. 1 Olympic Plaza, Colorado Springs, CO 80909, Phone: 719-866-3529, copyright@usaswimming.org.

• A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the SWIMS Platform where the material you claim is infringed is located. Include enough information to allow USA Swimming to locate the material, and explain why you think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exist -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Disclaimer of Warranties

USE OF THE TECHNOLOGY PRODUCTS IS ENTIRELY AT YOUR OWN RISK.

THE TECHNOLOGY PRODUCTS AND ALL PUBLIC CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USA SWIMMING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PUBLIC CONTENT PROVIDED THROUGH THE TECHNOLOGY PRODUCTS OR THE CONTENT OF ANY LINKED TECHNOLOGY PRODUCTS. USA SWIMMING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TECHNOLOGY PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. USA SWIMMING DOES NOT WARRANT, ENDORSE, GUARANTY, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TECHNOLOGY PRODUCTS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND USA SWIMMING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER USA SWIMMING NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE TECHNOLOGY PRODUCTS WILL BE UNINTERRUPTED OR THAT THE TECHNOLOGY PRODUCTS WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TECHNOLOGY PRODUCTS, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY TECHNOLOGY PRODUCTS, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE TECHNOLOGY PRODUCTS.

NEITHER USA SWIMMING NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE TECHNOLOGY PRODUCTS IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

USA SWIMMING AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.


No Liability

USA Swimming is not responsible for the conduct, whether online or offline, of any User of the SWIMS Platform or other Technology Products. Moreover, USA Swimming does not assume and expressly disclaims any liability that may result from the use of information provided on the SWIMS Platform. All Users hereby expressly agree not to hold USA Swimming (or USA Swimming’ officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or resellers, hereinafter "Affiliates") liable for the actions or inactions of any User or other third party or for any information, instruction, advice, or services which originated through the SWIMS Platform, and, to the maximum extent permissible under applicable law, USA Swimming and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

YOU ACKNOWLEDGE AND AGREE THAT USA SWIMMING IS ONLY WILLING TO PROVIDE THE TECHNOLOGY PRODUCTS IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD USA SWIMMING, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE TECHNOLOGY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY USA SWIMMING OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL USA SWIMMING, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TECHNOLOGY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT USA SWIMMING OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO USA SWIMMING DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRIVACY POLICY, OR THE SWIMS PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Indemnification

You hereby agree to indemnify, defend, and hold harmless USA Swimming, its directors, officers, employees, agents, licensors, attorneys, independent contractors, subsidiaries, and affiliates from and against any and all claim, loss, expense, or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the SWIMS Platform, or (ii) any content submitted by you or using your account to the SWIMS Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. USA Swimming reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of USA Swimming.

IF YOU ARE USING THE SERVICE ON BEHALF OF A BUSINESS, THAT BUSINESS ACCEPTS THIS AGREEMENT. THE BUSINESS WILL HOLD HARMLESS AND INDEMNIFY USA SWIMMING FROM ANY CLAIM, SUIT, OR ACTION ARISING FROM OR RELATED TO THE USE OF THE SERVICE OR VIOLATION OF THIS AGREEMENT, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM CLAIMS, LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS, AND ATTORNEYS’ FEES.


Investigations; Cooperation With Law Enforcement

USA Swimming reserves the right to investigate and prosecute any suspected breaches of this Agreement. USA Swimming may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.


Dispute Resolution and Arbitration Agreement

(a) Agreement to Binding Arbitration Between You and USA Swimming

YOU AND USA SWIMMING MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with USA Swimming ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and USA Swimming, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and USA Swimming’ partners and service providers, including but not limited to payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS, DISPUTES, LAWSUITS, CAUSES OF ACTION, OR SIMILAR LEGAL ACTIONS BETWEEN YOU AND USA SWIMMING (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND USA SWIMMING. These Claims include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation, or validity thereof), a Technology Product, the SWIMS Platform, any other goods or services made available through the SWIMS Platform, your relationship with USA Swimming, the threatened or actual suspension, deactivation or termination of your User account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by USA Swimming, any city, county, state, or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by USA Swimming and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND USA SWIMMING ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND USA SWIMMING MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND USA SWIMMING BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST USA SWIMMING, WHICH ARE ADDRESSED SEPARATELY IN THIS SECTION.

USA Swimming may request the arbitrator consider consolidation of multiple claims. Other than upon USA Swimming’s request, the arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement, or the American Arbitration Association’s (“the AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”), disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

Consistent with the AAA Small Claims Rules, either party may bring or remove a claim to small claims court where the claims are brought on an individual basis and are within the scope of such small claims court’s jurisdiction. Claims may be severed such that the claims that fall within the scope of the small claims court’s jurisdiction proceed in small claims court and claims outside the scope of small claims court continue in arbitration pursuant to this Arbitration Agreement.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and USA Swimming agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and USA Swimming agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association pursuant to the AAA Rules or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.

As part of the arbitration, both you and USA Swimming will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Clients but is bound by rulings in prior arbitrations involving the same Client to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

If you initiate arbitration under this Arbitration Agreement after participating in the optional negotiation process described in subsection (i) below and are otherwise required to pay a filing fee under the relevant AAA Rules, USA Swimming agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to USA Swimming, USA Swimming will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.

If USA Swimming initiates arbitration under this Arbitration Agreement, USA Swimming will pay all AAA filing and arbitration fees.

Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law.

Although under some laws USA Swimming may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, USA Swimming agrees that it will not seek such an award.

If the arbitrator issues you an award that is greater than the value of USA Swimming’ last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (i) below, then USA Swimming will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and USA Swimming agree otherwise, any arbitration hearings between USA Swimming and a Client will take place in the city and county of Denver. If your Claim is for $10,000 or less and is not removed to small claims court, USA Swimming agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in subsection (c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and (3) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state, or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability.

In addition to the severability provisions in subsections (c) above, if any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect. (i) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and USA Swimming may agree to first attempt to negotiate any dispute, claim, or controversy between the parties informally via escalation up each party’s executive departments for 30 days, unless this period is mutually extended by you and USA Swimming. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged, and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Governing Law

You and USA Swimming agree that if any portion of the section entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed, and the remainder of the section will be given full force and effect. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Colorado, without regard to choice of law principles.


Geographic Restrictions

USA Swimming is based in the State of Colorado in the United States. We provide the Technology Products for use only by persons located in the United States. We make no claims that the Technology Platforms or any content is accessible or appropriate outside of the United States. Access to the Technology Platforms may not be legal by certain persons or in certain countries. If you access the Technology Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Severability; Interpretation; Assignment

Failure by USA Swimming to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right, will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. This Agreement, the Privacy Policy, and any separate signed writing between a Client and USA Swimming (a “Separate Agreement”) constitutes the entire agreement between you and USA Swimming with respect to its subject matter. If a conflict arises between these Terms and a Separate Agreement, the terms of this Agreement will control unless USA Swimming specifically agrees otherwise. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of USA Swimming, its successors, and assigns.