LEGAL DISCLOSURE

Terms and Conditions

Agreement between user and http://www.swimtastic.com

Welcome to http://www.swimtastic.com. The http://www.swimtastic.com website (the "Site") is comprised of various web pages operated by Swimtastic Corporation ("Swimtastic"). http://www.swimtastic.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.swimtastic.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://www.swimtastic.com is an e-commerce Site designed to display Swimtastic products and services, as well as provide the opportunity to enroll in Swimtastic programs.

 

Privacy

Your use of http://www.swimtastic.com is subject to Swimtastic's Privacy Policy below. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting http://www.swimtastic.com or sending emails to Swimtastic constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your account (applicable to franchise applicants)

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Swimtastic is not responsible for third party access to your account that results from theft or misappropriation of your account. Swimtastic and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Swimtastic collects personally identifiable information from children under the age of thirteen.

Swimtastic collects this information for the following reason(s):

To determine and tailor swim lesson levels specific to the needs and skill level of each unique child, as well as customize birthday parties and any other Swimtastic services to each individual.

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use http://www.swimtastic.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

Registrations are fully refundable within 48 hours of payment.

 

Links to third party sites/Third party services

http://www.swimtastic.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Swimtastic and Swimtastic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Swimtastic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Swimtastic of the site or any association with its operators.

Certain services made available via http://www.swimtastic.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.swimtastic.com domain, you hereby acknowledge and consent that Swimtastic may share such information and data with any third party with whom Swimtastic has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.swimtastic.com users and customers.

 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.swimtastic.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Swimtastic that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Swimtastic or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Swimtastic content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Swimtastic and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Swimtastic or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by Swimtastic from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Swimtastic Content accessed through http://www.swimtastic.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Swimtastic, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Swimtastic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Swimtastic in asserting any available defenses.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWIMTASTIC CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SWIMTASTIC CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWIMTASTIC CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIMTASTIC CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWIMTASTIC CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

Swimtastic reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swimtastic as a result of this agreement or use of the Site. Swimtastic's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Swimtastic's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Swimtastic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Swimtastic with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swimtastic with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Swimtastic reserves the right, in its sole discretion, to change the Terms under which http://www.swimtastic.com is offered. The most current version of the Terms will supersede all previous versions. Swimtastic encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Swimtastic welcomes your questions or comments regarding the Terms:

 

Swimtastic Swim School

900 Tesch Ct.

Waukesha, Wisconsin 53186

 

Email Contact:

https://www.swimtastic.com/contact-us

 

Telephone number:

(888) 549-SWIM (7946)

 

Effective as of September 15, 2013

 

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the http://www.swimtastic.com and Swimtastic Corporation and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Swimtastic Corporation include http://www.swimtastic.com and Swimtastic. The Swimtastic website is a ecommerce site. By using the Swimtastic website, you consent to the data practices described in this statement.

 

Collection of your Personal Information

Swimtastic may collect personally identifiable information, such as your name. If you purchase Swimtastic's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Swimtastic may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Swimtastic. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Swimtastic website.

Swimtastic encourages you to review the privacy statements of websites you choose to link to from Swimtastic so that you can understand how those websites collect, use and share your information. Swimtastic is not responsible for the privacy statements or other content on websites outside of the Swimtastic website.

 

Use of your Personal Information

Swimtastic collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Swimtastic may also use your personally identifiable information to inform you of other products or services available from Swimtastic and its affiliates, as well as follow up with services you've indicated an interest in and for general Swimtastic marketing purposes. Swimtastic may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Swimtastic does not sell, rent or lease its customer lists to third parties.

Swimtastic may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Swimtastic, and they are required to maintain the confidentiality of your information.

Swimtastic may keep track of the websites and pages our users visit within Swimtastic, in order to determine what Swimtastic services are the most popular. This data is used to deliver customized content and advertising within Swimtastic to customers whose behavior indicates that they are interested in a particular subject area.

Swimtastic will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Swimtastic or the site; (b) protect and defend the rights or property of Swimtastic; and, (c) act under exigent circumstances to protect the personal safety of users of Swimtastic, or the public.

 

Use of Cookies

The Swimtastic website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Swimtastic pages, or register with Swimtastic site or services, a cookie helps Swimtastic to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Swimtastic website, the information you previously provided can be retrieved, so you can easily use the Swimtastic features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Swimtastic services or websites you visit.

 

Security of your Personal Information

To secure your personal information from unauthorized access, use or disclosure, Swimtastic uses the following:

Geo Trust

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

 

Children Under Thirteen

Swimtastic collects personally identifiable information from children under the age of thirteen. Swimtastic collects this information for the following reason(s): To determine and tailor swim lesson levels specific to the needs and skill level of each unique child, as well as customize birthday parties and any other Swimtastic services to each individual..

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Statement of Privacy.

 

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Swimtastic by clicking the "unsubscribe" option found at the bottom of any email communication other than a receipt confirmation of purchase(s).

 

Changes to this Statement

Swimtastic will occasionally update this Statement of Privacy to reflect company and customer feedback. Swimtastic encourages you to periodically review this Statement to be informed of how Swimtastic is protecting your information.

 

Contact Information

Swimtastic welcomes your questions or comments regarding this Statement of Privacy. If you believe that Swimtastic has not adhered to this Statement, please contact Swimtastic at:

 

Swimtastic Swim School

900 Tesch Ct.

Waukesha, Wisconsin 53186

 

Email Contact:

https://www.swimtastic.com/contact-us

 

Telephone number:

(888) 549-SWIM (7946)

 

Effective as of September 15, 2013

Swimtastic Swim School now features real-time registration online for both swimming lessons & birthday parties. Simply walk through our swim lesson questionnaire or birthday party form to view pricing options & hand-pick current openings in real-time. Complete registration online to secure your favorite time-slot (they fill quick!) or give us a call at 888-549-SWIM (7946)!