Terms of service

These terms have been adapted from the WordPress Terms of Service that they kindly made available under a Creative Commons Sharealike license. As such, you're more than welcome to steal it and repurpose it for your own use as long as you credit Automattic.

The following terms and conditions govern all use of the Swim-Meet.com website and all content, services and products available at or through the website. The Website is owned and operated by Pelican Computing (henceforth referred to simply as Swim-Meet). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Swim-Meet's Privacy Policy) and procedures that may be published from time to time on this Site by Swim-Meet (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Swim-Meet, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Swim-Meet.com Account and Site. If you create a coordinators account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your sign-up page in a misleading or unlawful manner. Swim-Meet may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Swim-Meet liability. You must immediately notify Swim-Meet of any unauthorised uses of your sign-up page, your account or any other breaches of security. Swim-Meet will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Swim-Meet will not be liable for any losses or damages that your customers may be issuing against you, irrespective of whether the cause was human error or an error in or misuse of the software.
   Coordinators must not collect data from officials that is beyond what is required for the running of the service on offer. Any details collected will not be shared with any 3rd party unless specifically agreed by the official beforehand. You will keep the officials email safe and not use it for spam.
2. Fees and Payment. Swim-Meet is free to try out for your first meet. By creating further meets you agree to pay Swim-Meet the annual subscription fees indicated for that service. Payments will be charged on the day you create the second meet and will cover the use of that service for an annual period as indicated.
3. Intellectual Property. This Agreement does not transfer from Swim-Meet to you any Swim-Meet or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Swim-Meet.
4. Changes. Swim-Meet reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Swim-Meet may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
5. Termination. Swim-Meet may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Swim-Meet.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a premium (non-free) account, such account can only be terminated by Swim-Meet if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Swim-Meet's notice to you thereof; provided that, Swim-Meet can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimer of Warranties. The Website is provided "as is". Swim-Meet and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Swim-Meet nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
7. Limitation of Liability. In no event will Swim-Meet, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Swim-Meet under this agreement during the twelve (12) month period prior to the cause of action. Swim-Meet shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
8. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Swim-Meet Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
9. Indemnification.You agree to indemnify and hold harmless Swim-Meet, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
10. Miscellaneous. This Agreement constitutes the entire agreement between Swim-Meet and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Swim-Meet, or by the posting by Swim-Meet of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Swim-Meet may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
11. Copyright. This website and its content is copyright of Swim-Meet. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited.
    You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
12. Disclaimer. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
    Every effort is made to keep the website up and running smoothly. However, Swim-Meet takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.