Last Updated: September 2, 2025
These are the End User License Agreement and Terms of Use (the “Terms”) by and between You, as the herein defined “User” and us, Ace Media, LLC d/b/a Swim University (“Swim University”,” “we,” “us”, or “our”). These Terms govern your use and access to the Pool Care by Swim University mobile application (“Pool Care” or “App”), including any ancillary services and products, tools, features, or functionalities provided on or in connection with Pool Care (collectively, the “Service” or the “Services”). The term of this Agreement will begin when you first access and use the Services and will continue until the earlier of the following: (i) termination pursuant to this Agreement or (ii) you cease using the Services.
If you used the Swim University website—available at swimuniversity.com—to use, download, purchase, or otherwise access the Service, you are also bound by the Terms of Service of the Swim University website, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. To the extent the terms in the Terms of Service of the Swim University website conflict with the Terms herein, the Terms herein control.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
BY CLICKING TO ACCEPT AND/OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
BEFORE USING OUR SERVICES, THE FOLLOWING CONTEXT IS HEREBY ACKNOWLEDGED AND AGREED BY YOU:
Use of the Service is explicitly conditioned on your compliance with these Terms and accordingly we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms.
Swim University reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
1.1. Ownership, In General. The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Swim University and Pool Care logos and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Swim University or our affiliates, licensors, or users, as applicable. You agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
1.2. Our Intellectual Property. Swim University’s name, logo, trademarks, and any product or service names, designs, logos, and slogans, including “Pool Care,” are the intellectual property of Pool Care or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Pool Care.
1.3. License. We hereby grant you a limited, individual, non-exclusive, non-sublicensable, non-assignable, non-transferable, fee-required license to download, install and use the Service on your computer or mobile device. This license does not grant you any right to any version enhancement or update, or guarantee the continuous availability of the Service. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, revocable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms. We may revise, modify, cease to provide, or require you to immediately stop using the Service in our sole discretion, from time to time, without prior notice to you. Use of the License is expressly conditioned on your acceptance of and compliance with the applicable Terms of Use, which are hereby incorporated into this Agreement by reference.
1.4. License Conditions and Restrictions. As a condition of the license granted to you under the terms of this Agreement, you are expressly prohibited from the following:
1.5. No Right to Unlimited Access or Use. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that we, in our sole discretion, may elect to take.
1.6. License Grant to Us. By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service.
1.7. Denial of Access. Swim University reserves the right to terminate your access to and use of the Service, in whole or in part, at any time, with or without notice, at our sole discretion for any or no reason. Swim University reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
1.8. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Swim University an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
2.1 Creating a User Account. To access the Service, you must create an individualized user account (“User Account”). When registering for an account, Pool Care will require you to provide certain contact and personal details. Providing false, incorrect, or outdated information may prevent you from registering and impair our ability to provide you with the Service or to contact you. Pool Care will indicate the fields that are mandatory to complete, and if you do not enter the requisite data in these fields, you will not be able to register for a User Account. You agree we may use such information in accordance with our Privacy Notice.
To login to your User Account, you must use your email address and password. Pool Care may establish and require from time to time additional or different means of identification and authentication for logging in and accessing your User Account, or for accessing certain content on the Service.
You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. You are fully responsible, and Swim University will not be held liable, for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Service as a result of you compromising your login or User Account details, conveying them to someone else, or not keeping them secure and confidential. For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or any of our third-party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and Third-Party Account details.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
2.2. Account Security; No Liability. Your use of the Service may allow you to link your User Account to other accounts you own that are held by third parties (“Third-Party Accounts”). Third-Party Accounts are not operated by, maintained by, or affiliated with Swim University or Pool Care, and Swim University does not have custody or control over the contents of your Third-Party Accounts and has no ability to retrieve or transfer contents from within those accounts. Swim University accepts no responsibility for, or liability to you, in connection with your use of Third-Party Accounts and makes no representations or warranties regarding how the Service will operate when linked to any specific Third-Party Account. You are solely responsible for keeping your Third-Party Accounts secure, and you should never share your Third-Party Account credentials or security details with anyone. You are solely responsible for your User Account and any linked or otherwise associated Third-Party Accounts, and we are not liable for any acts or omissions by you in connection with your User Account or as a result of your User Account or Third-Party Accounts being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your User Account. Swim University has no control over, and assumes no responsibility for the payment, terms of services, privacy policies, or practices of, any Third-Party Account holder. We strongly recommend you read the terms and conditions and privacy policy of each Third-Party Account holder’s website.
2.3. Communication Preferences. By creating a User Account or otherwise providing us with contact methods through the use of the Service, you consent to receive electronic communications from us (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your User Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions.
2.4. Payments. When you register for a User Account to access and use the Service, or after the expiration of a promotional offer for a free trial period where applicable, you will be charged a subscription fee. Subscription fees are collected automatically each year from the credit card you provide to us when you create your User Account. Subscription fees are non-refundable.
Subscriptions will automatically renew at the end of each term (e.g., one year after initial purchase) unless canceled prior to renewal. By purchasing a subscription, you authorize recurring charges to your payment method until you cancel. You may manage or cancel your subscription through your app store account settings.
Swim University is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by our payment processor. You agree that you will not initiate any chargebacks to Swim University unless otherwise authorized by us in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Swim University.
2.5. In-App Purchases. The Pool Care App may offer additional features, content, or services for purchase within the App (“In-App Purchases”). If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider (e.g., Apple App Store, Google Play) and your method of payment on file will be charged. All In-App Purchases are final, non-refundable, and subject to the applicable payment provider’s terms and conditions. Swim University has no responsibility for errors by the applicable payment provider or any third party processing your transaction.
2.5. Taxes. You are solely responsible for assessing all Taxes owed, if any, for your use of the Service. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required to collect and remit to governmental agencies, and other similar municipal, state, federal, national or other withholding and personal or corporate income taxes.
2.6. Termination. If you breach any of the provisions of these Terms, all licenses granted by Swim University will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your User Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.
2.7. Third-Party Content and Services. Through your use of the Service, you may explore content created by third parties. Swim University does not make any representations or warranties about this third-party content visible through our Service, including any content associated with the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of any third parties and their content.
2.8. Third Party Websites. The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Swim University and may be “open” applications for which no recourse is possible. Swim University is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Swim University provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
2.9. Privacy Notice. Please refer to our Privacy Notice, which is hereby incorporated into these Terms by reference, for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our Privacy Notice and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Notice.
3.1. Age of Majority. All users must be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use the Service through a parent or guardian’s User Account and with their approval and oversight. That account holder is responsible for your actions using the User Account. It is prohibited to use our Service if you are under 13 years old.
We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will delete it immediately.
3.2. Compliance. You represent and warrant that you will comply with all applicable laws, including without limitation all local, state, federal and other laws, when using the Service. You further agree that you will not violate any contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service.
3.3. Cooperation. Swim University may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may disable your User Account and block your ability to access the Service until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Service.
3.4. User Code of Conduct. In addition to all other terms or conditions contained in these Terms, you will not under any circumstances:
(i)Use or attempt to use another user’s Account without authorization from such user;pose as another person or entity;
(ii) Claim a username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
(iii) Create or display assets or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
(iv) Distribute spam, including through sending unwanted communications or assets to other users;
(v) Use the Service in any manner whatsoever if such use, in our sole discretion, could damage, disable, overburden, or impair the functioning of the Service in any manner;
(vi) Bypass or ignore instructions that control access to the Service, including attempting to circumvent any systems of the Service through use of multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Pool Care or Swim University’s website;
(vii) Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
(viii) Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
(ix) Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
(x) Sell or resell the Service or attempt to circumvent any of our fee systems;
(xi) Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that we might use to sort search results;
(xii) Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
(xiii) Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Swim University;
(xiv) Use the Service, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
(xv) Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments, including without limitation the use of the Service to give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
(xvi) Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
(xvii) Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
(xviii) Infringe or violate the intellectual property rights or any other rights of others;
(xix) Create or display illegal content, such as content that may involve child sexual exploitation;
(xx) Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, or encouraging or promoting any activity that violates the Terms of Service;
(xxi) Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
3.5. Rights, Title and Authority. In addition to and in conjunction with the license grants you make to us under this Agreement, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described below, and that the content does not violate any laws.
3.6. Non-Reliance. You acknowledge and agree that you have conducted your own thorough independent investigation and analysis of the Service and the other matters contemplated by these Terms, and have not relied up-on any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of Swim University in connection therewith, except as expressly set forth by us in these Terms.
4.1. Indemnification By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Swim University, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Swim University Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to (a) your use or misuse of the Service, content, or content linked to or associated with any Third-Party Accounts, (b) your violation or breach of any term of these Terms or applicable law, and (c) your violation of the rights of or obligations to a third party, including another user or third-party, and (d) your negligence or willful misconduct. You agree to promptly notify Swim University of any Claims and cooperate with the Swim University Parties in defending such Claims. You further agree that the Swim University Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND Swim University.
5.1. USE OF SERVICE IS AT YOUR OWN RISK. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND Swim University EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Swim University MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. Swim University DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Pool Care WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE Swim University ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE AND SECURE, Swim University CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY THIRD-PARTY ACCOUNTS, OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE Swim University PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD Swim University RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.
NO Swim University PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE OR ABNORMAL BEHAVIOR OF SOFTWARE BY OR RELATING TO THIRD-PARTY ACCOUNTS.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
5.2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Swim University OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, ACCOUNTS, AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF Swim University OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, ACCOUNTS, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Swim University ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE OR ANY Swim University PRODUCTS OR SERVICES EXCEED THE LESSER OF (A) US $500.00 OR (B) THE AMOUNT RECEIVED BY Swim University FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
6.1. Modification of Terms. We may, from time to time, change these Terms. Upon any update or change to these Terms, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Pool Care App or Swim University Website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes. Revisions will be effective immediately except that we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should terminate your User Account and discontinue your use of the Service. It is your sole responsibility to review the Terms and understand modifications to these Terms as they may be updated from time to time.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Swim University ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Ace Media, LLC
Attn: Legal
2525 Arapahoe Ave. Suite E4 – #512
Boulder, CO 80302
Your Arbitration Opt-Out Notice must include your full name, your mailing address, your email address, and a clear statement that you do not wish to resolve disputes with Swim University through arbitration. This notice must be sent within 30 days of the date you first agree to these Terms (including your first use of the Pool Care App or your purchase of any Paid Content from the App, whichever occurs first). If you do not provide Swim University with a timely Arbitration Opt-Out Notice in accordance with this paragraph, you will be deemed to have knowingly and intentionally waived your right to litigate any disputes except as expressly set forth in the arbitration provision above. Your opt-out will not affect any other terms and conditions of this Agreement.
8.1. Content Disclaimer. All content made available through the Swim University website and Pool Care App, including articles, guides, videos, water testing information, courses, and books, is provided for general informational and educational purposes only. Our content is based on research from books, websites, and our own experience. While Swim University makes reasonable efforts to ensure that the information presented is accurate and up to date, we do not warrant or guarantee that any such information is accurate, complete, reliable, error-free, or current. We assume no responsibility for any errors or omissions in any content presented on the Swim University website, the Pool Care App, or any other platform where we make our content available, or for any links to external resources included in our content.
Pool care and chemical treatments involve inherent risks. You are solely responsible for ensuring safe handling, storage, and use of pool chemicals and equipment. Swim University disclaims all liability for injuries, damages, or losses resulting from misuse of chemicals, equipment, or reliance on information provided through the Swim University website or Pool Care App, in line with the warranties and disclaimers featured above.
8.2. Affiliate Disclosure. The Swim University website and Pool Care App are participants in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon.com and affiliated sites. This means that if you click on certain links and make a purchase, we may earn a commission at no additional cost to you. We only recommend products or services that we believe may be useful to our users, but we make no warranties regarding any such products or services and are not responsible for their quality, performance, or suitability. All transactions are solely between you and the third-party seller.
8.3 Service Availability Disclaimer. Swim University does not guarantee that the Pool Care App or Services will be available at all times or without interruption. The App may be unavailable due to scheduled maintenance, emergency updates, system failures, or issues beyond our control, including without limitation problems with mobile networks, internet service providers, or app store platforms. We are not liable for any interruptions, delays, or inability to access or use the App or Services, nor for any loss of data or functionality related to such interruptions. We do not guarantee that the App will function on all hardware, operating systems, or devices, and we may modify, suspend, or discontinue the App or any feature at any time without notice.
9.1. Severability. If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
9.2. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Swim University for which monetary damages would not be an adequate remedy and Swim University shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
9.3. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
9.4. Survival. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Swim University or you. Termination will not limit any of Swim University’s other rights or remedies at law or in equity.
9.5. General Terms. These Terms, along with the Swim University Website Terms of Service, if applicable, constitute the entire agreement between you and Swim University relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Swim University, and Swim University’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
9.6. Platform Terms. You acknowledge that these Terms are between you and Swim University only, and not with any app store provider (such as Apple Inc. or Google LLC). Your use of the Pool Care App must comply with the terms of service of the applicable app store provider. Swim University, not the app store provider, is solely responsible for the App and the content thereof. However, the app store provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable app store provider, and the app store provider may refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, the app store provider will have no other warranty or liability obligation whatsoever with respect to the App.
9.7 No Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
