Terms

Smart Chemistry Terms & Conditions

Smart Chemistry Terms, SmartCare and Lifetime Warranty For Smart Chemistry

How Consumer Rights Affect this Plan

THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN SHALL NOT PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY LUV2SWIM OF ANY OF ITS CONTRACTUAL OBLIGATIONS.

1. The Plan

This contract (the “Plan”) governs the services provided by Luv2Swim under the above-mentioned plans and includes the terms in this document, your Plan Confirmation (“Plan Confirmation”), and the original sales receipt for your Plan. Your Plan Confirmation will be provided to you at the time of purchase or sent to you automatically thereafter. If you purchased your Plan from Luv2Swim, you may obtain a copy of your Plan Confirmation by logging into your account at Luv2Swim.com/

Benefits under this Plan are additional to your rights under applicable laws, the manufacturer’s hardware warranty and any complimentary technical support. The terms of the Plan apply the same whether for a fixed term of coverage (“Fixed-Term Plan”), or for annual recurring term of coverage (“Annual Plan”), except where otherwise noted. Your Plan may be paid by you or a third party who finances or otherwise pays for your Plan (a “Plan Payment Provider”).

The Plan covers the following equipment: the Luv2Swim- branded SmartChemistry, (the “Covered Equipment.

2. Plan Term and Renewal

Plan coverage begins when you purchase the Plan and continues, unless cancelled, through the date specified in your Plan Confirmation (the “Plan Term”).

For Annual Plans, your Plan Term is one year. Annual Plans will automatically renew each year unless cancelled as set forth in the “Cancellation” Section 9 below, including in the event that Luv2Swim is no longer able to service your Covered Equipment due to the unavailability of service parts, in which case Luv2Swim will provide you with sixty (60) days’ prior written notice of cancellation, or as otherwise required by law. Annual Plans may not be available for all Covered Devices.

For Fixed-Term Plans, your Plan Term is fixed as set forth on your Plan Confirmation. Luv2Swim is not obligated to renew your Fixed-Term Plan. If Luv2Swim does offer to renew, Luv2Swim will determine the price and terms.

For Annual Plans and any Fixed-Term Plan paid in installments (where available), you agree to have the credit card, debit card or other authorized payment source i.e. Luv2Swim Pay (the “Payment Source”) used for your initial Plan purchase (or your first Plan payment where not otherwise paid for by a Plan Payment Provider), kept on file to automatically charge in advance of the first day of each renewal term or installment billing period (as the case may be) following your initial payment. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate renewal or installment payment on time, your Plan coverage will cease from the due date. Luv2Swim has the right, but not the obligation, to accept any late payment and allow renewal from the date of late payment. For Annual Plans only, if the price of your Annual Plan is subject to change upon renewal, you will be notified in advance of any price increase, in accordance with Section 11 of this Plan.

You can find the price of the Plan on the original sales receipt as provided by Luv2Swim or another seller from whom you’ve purchased your Plan (a “Reseller”), or your Plan Payment Provider.

3. What is Covered?

3.1 Hardware Service for Defects (“Hardware Service”)

If during the Plan Term, you submit a valid claim by notifying Luv2Swim that a defect in materials and workmanship has arisen in the Covered Equipment, or, in relation to Covered Equipment, Luv2Swim will, at its discretion, either (i) repair the defect at no charge, using new parts or parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability.

All replacement products provided under this Plan will at a minimum be functionally equivalent to the original product. If Luv2Swim exchanges the Covered Equipment, the original product becomes Luv2Swim’s property and the replacement product is your property, with coverage effective for the remainder of the Plan Term. Luv2Swim may use Covered Devices or replacement parts for service that are sourced from a country that is different from the country from which the Covered Device or original parts were sourced.

3.2 Services for Accidental Damage by You (“AD Service”)

If during the Plan Term you submit a valid claim notifying Luv2Swim that the Covered Device has failed due to accidental damage from handling resulting from an unexpected and unintentional external event (e.g., soccer ball kicked at the system and damages caused by impact) (“AD”), Luv2Swim will, at its discretion and subject to the service fee described below, either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability. Each time you receive services for AD is a “Service Event”. Exclusions apply as described below. Further, services for AD expire and all of Luv2Swim’s obligations to you under this Section are fulfilled in their entirety once Luv2Swim has provided to you two (2) Service Events within each twelve (12 -month period based on your Plan’s original purchase date as specified on the original sales receipt.

Any unused Service Events will expire, and you will get two (2) new AD Service Events to use within the next twelve (12)-month period of continued coverage. All other Plan benefits continue throughout.

Important: Please refer to Section 4 for exclusions on provision of AD Service.

The following service fees apply to each Service Event:

SmartChemistryPrice
Tier 1 AD Service EventUS$99
– Wiring or Tubing AD Damage
– External Enclosure-only AD Damage
Tier 2 AD Service EventUS$299
– All Other AD Damage

*Fees exclude applicable taxes payable by you

To qualify for the Tier 1 AD Service Event fee, the Covered Device must have no additional damage beyond the wiring/tubing-only damage (if applicable) or the external enclosure-only damage that would prevent Luv2Swim from repairing the wiring/tubing or external enclosure. A Covered Device with additional damage will be charged the price of the Tier 2 AD Service Event fee.

3.3 Technical Support

During the Plan Term, Luv2Swim will provide you with access to telephone and web-based technical support for Covered Equipment (“Technical Support”). Your Technical Support coverage starts on expiration of the complimentary technical support cover provided by Luv2Swim, which starts on the date you purchase the Covered Equipment. Technical Support may include assistance with installation, launch, configuration, troubleshooting, and recovery (excluding data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required or ADH coverage may be applicable. Luv2Swim will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, the term “Major Release” means a significant version of software that is commercially released by Luv2Swim in a release number format such as “1.0” or “2.0” and which is not in beta or pre-release form.

Luv2Swim Technical Support is limited to the following: (i) the Covered Equipment, (ii) the Luv2Swim-branded Operating System (“SmartChemOS”) and Luv2Swim-branded software applications that are pre-installed on or designed to operate with the Covered Equipment (“Consumer Software”), (iii) use of the graphical user interface for server administration and network management issues on Luv2Swim’s operating system server software (“SmartChemOS Server”), and (iv) connectivity issues between the Covered Equipment and a computer or device that meets the Covered Equipment’s connectivity specifications and runs an operating system supported by the Covered Equipment.

Exclusions apply as described below.

4. What is not Covered?

4.1 Hardware Service and AD Service

Luv2Swim may restrict Hardware Service and AD Service to the country where the Covered Equipment was originally purchased.

Luv2Swim will not provide Hardware Service or AD Service in the following circumstances:

(a) to protect against normal wear and tear, or to repair cosmetic damage not affecting the functionality of the Covered Equipment; (b) to conduct preventative maintenance; (c) to replace Covered Equipment that is lost or stolen; (d) to repair damage, including excessive physical damage (e.g., products that have been crushed, bent or submerged in liquid), caused by reckless, abusive, willful or intentional conduct, or any use of the Covered Equipment in a manner not normal or intended by Luv2Swim; (e) to install, remove or dispose of the Covered Equipment, or the equipment provided to you while the Covered Equipment is being serviced; (f) to repair damage caused by a product that is not Covered Equipment; (g) to repair any damage to Covered Equipment (regardless of the cause) if the Covered Equipment has been opened, serviced (including for upgrades and expansions), modified, or altered by anyone other than Luv2Swim or an authorized representative of Luv2Swim; (h) to repair pre-existing conditions of the Covered Equipment if you purchased the Plan after you purchased the Covered Equipment; (i) to repair any damage to Covered Equipment with a serial number that has been altered, defaced or removed; (j) to repair damages caused by fire, earthquake, flood, or other similar external causes; or (k) to protect against damage caused by the presence of hazardous materials, including, but not limited to, biological materials and allergens, that present a risk to human health.

Installation of third-party parts may affect your coverage. As a condition of receiving Hardware or AD Service, all Covered Equipment must be returned to Luv2Swim in its entirety including all original parts or Luv2Swim-authorized replacement components. This restriction does not prejudice your consumer law rights.

4.2 Technical Support

Luv2Swim will not provide Technical Support in the following circumstances:

(a) For use or modification to the Covered Equipment, the SmartChemOS, or Consumer Software in a manner for which the Covered Equipment or software is not intended to be used or modified; (b) For issues that could be resolved by upgrading software to the then-current version; (c) For third-party products or their effects on or interactions with the Covered Equipment, the SmartChemOS, SmartChemOS Server or Consumer Software; (d) For your use of a computer or operating system that is not related to Consumer Software or to connectivity issues with the Covered Equipment; (e) For software other than the SmartChemOS, SmartChemOS Server or Consumer Software; (f) For SmartChemOS software for servers, except when using the graphical interface for server administration and network management issues on SmartChemOS Server on a Covered Device; (g) For any Consumer Software designated as “beta”, “prerelease,” or “preview” or similar designation; (h) For damage to, or loss of, any software or data that was residing or recorded on the Covered Equipment (note: the Plan does not cover the recovery or reinstallation of software programs and user data); or (i) For third-party web browsers, email applications, and Internet service provider software, or the SmartChemOS configurations necessary for their use.

5. How to Obtain Service and Support?

You may obtain service or Technical Support by calling Luv2Swim or accessing your control panel at Luv2Swim.com/. You must provide your Plan Agreement Number or Covered Device serial number. You must also, upon request, present your Plan Confirmation, and the original sales receipt for your Covered Device and your Plan.

6. Service Options

Luv2Swim will provide Hardware or ADH Service to you through one or more of the following options:

(a) Carry-in service. Carry-in service is only available for some Covered Equipment. Return the Covered Equipment to an Luv2Swim-owned retail store location or to an Luv2Swim Authorized Services Provider (“LASP”) that offers carry-in service. Service will be performed for you at the store, or the store may send the Covered Equipment to an Luv2Swim Repair Service (“LRS”) site for service. You must promptly retrieve the Covered Equipment.

(b) Onsite service. Onsite service is available for most Covered Equipment if the location of the Covered Equipment is within 50 miles (80 kilometers) radius of an Luv2Swim Authorized Onsite Service Provider. If Luv2Swim determines that onsite service is available, Luv2Swim will dispatch a service technician or designated courier to the location of the Covered Equipment. Service will either be performed at the location, or the service technician or designated courier will transport the Covered Equipment to an LASP or LRS location for repair. If the Covered Equipment is repaired at an LASP or LRS location, Luv2Swim will arrange for transportation of the Covered Equipment to your location following service. If the service technician or designated courier is not granted access to the Covered Equipment at the appointed time, any further onsite visits may be subject to an additional charge.

(c) Mail-in service. Direct mail-in service is available for some Covered Equipment. If Luv2Swim determines that your Covered Equipment is eligible for mail-in service, Luv2Swim will send you prepaid waybills (and, if needed, packaging material). You must ship the Covered Equipment to an LRS site in accordance with Luv2Swim’s instructions. Once service is complete, the LRS site will return the Covered Equipment to you. Luv2Swim will pay for shipping to and from your location if you follow all instructions.

(d) Do-it-yourself (“DIY”) parts service. DIY parts service is available for some Covered Equipment. This allows you to service your own Covered Equipment. In any case, Luv2Swim is not responsible for any labor costs you incur in respect to DIY parts service. If DIY parts service is available, the following process will apply:

(i) Service where Luv2Swim requires return of the replaced Covered Equipment part. Luv2Swim may require a credit card authorization to serve as security for the retail price of the replacement Covered Equipment part and applicable shipping costs. If you are not able to provide credit card authorization, service may not be available to you and Luv2Swim will offer an alternative arrangement for service. Luv2Swim will ship a replacement Covered Equipment part to you with installation instructions, if applicable, and any requirements for the return of the replaced Covered Equipment part. If you follow the instructions, Luv2Swim will cancel the credit card authorization, so you will not be charged for the Covered Equipment part and shipping to and from your location. If you fail to return the replaced Covered Equipment part as instructed or return a replaced product, part or accessory that is ineligible for service, Luv2Swim will charge the credit card for the authorized amount.

(ii) Service where Luv2Swim does not require return of the replaced Covered Equipment part. Luv2Swim will ship you free of charge a replacement Covered Equipment part accompanied by instructions for installation, if applicable, and any requirements for the disposal of the replaced part.

Should you require further assistance, you should contact Luv2Swim via your account at Luv2Swim.com.

Luv2Swim may change the method by which Luv2Swim provides repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service.

Service will be limited to the options available in the country where you request service. Service options, parts availability and response times may vary. If service is not available for the Covered Equipment in a country that is not the country of purchase, you may be responsible for shipping and handling charges to facilitate service to a country where service is available. If you seek service in a country that is not the country of purchase, you must comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Luv2Swim may repair or exchange products and parts with comparable products and parts that comply with local standards.

7. Your Responsibilities

To receive service or support under the Plan, you agree to (i) provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, (ii) provide information about the symptoms and causes of the issues with the Covered Equipment, (iii) respond to requests for information needed to diagnose or service the Covered Equipment, (iv) follow instructions Luv2Swim gives you, (v) update software to currently published releases prior to seeking service, and (vi) back up software and data residing on the Covered Equipment.

DURING HARDWARE SERVICE, LUV2SWIM WILL DELETE THE CONTENTS OF THE COVERED EQUIPMENT, REFORMAT THE STORAGE MEDIA, AND REINSTALL THE COVERED EQUIPMENT’S ORIGINAL SOFTWARE CONFIGURATION AND SUBSEQUENT UPDATE RELEASES, WHICH WILL RESULT IN THE DELETION OF ALL SOFTWARE AND DATA THAT RESIDED ON THE COVERED EQUIPMENT PRIOR TO SERVICE. Luv2Swim will return your Covered Equipment or provide a replacement as the Covered Equipment was originally configured, subject to applicable updates. Luv2Swim may install SmartChemOS updates as part of hardware service that will prevent the Covered Equipment from reverting to an earlier version of the SmartChemOS. Third-party applications installed on the Covered Equipment may not be compatible or work with the Covered Equipment as a result of the SmartChemOS update. You will be responsible for reinstalling all other software programs, data and passwords.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUV2SWIM AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM LUV2SWIM’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF LUV2SWIM AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THIS PLAN. LUV2SWIM SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, LUV2SWIM’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Cancellation

9.1 Your Cancellation Rights

Regardless of your method of purchase, you may cancel this Plan at any time for any reason.

(a) Cancellations with the return of your Covered Device:

Regardless of your Plan type, to cancel this Plan with the return of your Covered Device, go to the original sales channel of your Covered Device purchase (whether a Reseller or Luv2Swim). You (or your Plan Payment Provider as the case may be) will receive a full Plan refund.

(b) All other cancellations:

(i) For Annual Plans:

To cancel an Annual Plan, you may:

(A) Turn off your next Annual Plan renewal through your billing platform. You may also have the option to turn off Annual renewal billing directly on your Covered Device; or

(B) Call your billing provider (whether a Reseller or Luv2Swim) to cancel your Annual Plan.

Unless local law provides otherwise, in either case, your cancellation may be deferred until midnight on the last day of the year for which your last Annual Plan payment was paid. Your Annual Plan will remain active until the end of that year at which point it will be cancelled and no cancellation refund will be provided. For an immediate cancellation of your Annual Plan, you must call your billing provider (whether a Reseller or Luv2Swim). You will receive a pro-rata refund based on the percentage of unexpired time remaining in your Annual Plan Term, less the value of any service provided to you under the Plan.

Your failure to timely and fully make any annual payment will be deemed an expression of your intent to cancel your Plan and no cancellation refund will be provided.

(ii) For Fixed-Term Plans:

To cancel a Fixed-Term Plan, call Luv2Swim at the number listed below, or send written notice with your Plan Agreement Number to Agreement Administration, Luv2Swim, Inc. Attn: SmartCare. 15411 W Waddell Ave, Ste 102, Surprise, AZ 85379. You must send a copy of the Plan’s original proof of purchase with your notice.

Unless local law provides otherwise, cancellation refunds will be provided as follows:

(A) Within thirty (30) days of your Plan’s purchase, or receipt of this Plan, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan.

(B) More than thirty (30) days after your receipt of this Plan, you will receive a pro-rata refund of the original purchase price. The pro-rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, less the value of any service provided to you under the Plan.

If your Fixed-Term Plan is financed through a Plan Payment Provider, contact your Plan Payment Provider to cancel your Plan. Luv2Swim may return any refund owed to the financing entity who paid Luv2Swim for your Plan.

(c) Cancellations in connection with a group or membership program:

If you receive your SmartCare Plan (regardless of type) as part of a group or membership program, upon expiration or termination of your right to continue Luv2SwimCare+ under such program, you may have the option to assume payment for SmartCare and continue your Plan. If you do not elect to assume payment and continue SmartCare, your Plan will be cancelled and you will have no right to any refund.

9.2 Luv2Swim’s Cancellation Rights

If your Payment Source cannot be charged for any reason for amounts due, including for any Annual Plan renewal payment or installment payment owed by you, and you have not otherwise made the appropriate payment by the due date or any applicable renewal date, your Plan may be cancelled for nonpayment and your Plan coverage will cease from the due date or renewal date.

Additionally, unless applicable local law provides otherwise, Luv2Swim may cancel this Plan for fraud or material misrepresentation, or if service parts for the Covered Equipment are not available, upon sixty (60) days’ prior written notice. If local law permits and Luv2Swim cancels this Plan for the unavailability of service parts, you will receive a pro rata refund for the unexpired Plan Term.

9.3 Effect of Cancellation

Upon the effective date of early cancellation, Luv2Swim’s future obligations under this Plan to you are fully extinguished.

10. Transfer of Plan

For Fixed-Term Plans only, and excluding any Plans paid for directly by a Plan Payment Provider, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (i) you transfer to the other party the original proof of purchase, the Plan Confirmation, the Plan’s printed materials and this service contract; (ii) you notify Luv2Swim of the transfer as instructed at.Luv2Swim.com, and (iii) the other party accepts the terms of this service contract. If you financed the purchase of your Plan through a Plan Payment Provider or otherwise pay monthly, the transferee must assume and comply with all payment obligations of the transferor, and any failure to do so by a transferee shall immediately trigger the applicable cancellation provisions as described in Section 9. When notifying Luv2Swim of the transfer, you must provide the Plan Agreement Number, the serial numbers of the Covered Equipment, and the name, address, telephone number and email address of the new owner.

11. Plan Changes

The Plan terms and conditions originally issued to you will remain in effect for the duration of your Plan Term and each Annual Plan renewal if applicable, unless Luv2Swim notifies you of revised Plan terms and conditions. Luv2Swim may, at any time, revise any of the terms and conditions of this Plan, including the price and applicable service fees, upon sixty (60) days’ written notice to you, or longer if required by law (“Notice Period”). Such notice will be provided in a separate writing or email, or by other reasonable method. If you do not agree to the revised Plan terms and conditions, you may cancel the Plan without penalty. If you do not cancel the Plan within the Notice Period, your continued payment of annual or installment charges (if applicable) or request for service under the Plan after receiving notice of a change in your Plan terms and conditions, including with respect to a change in price or service fees, will be deemed consent by you to be bound by such revised Plan terms and conditions. In any event, you may cancel the Plan at any time in accordance with Section 9.

If Luv2Swim adopts any revision to this Plan that would broaden your coverage without additional cost or any increase in service fees, the broadened coverage will immediately apply to this Plan.

12. General Terms

(a) Luv2Swim may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.

(b) Luv2Swim is not responsible for any failures or delays in performing under the Plan that are due to events outside of Luv2Swim’s reasonable control.

(c) You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.

(d) This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all jurisdictions, including all provinces and territories of the United States, and is not available where prohibited by law.

(e) In carrying out its obligations Luv2Swim may, at its discretion and solely for the purposes of monitoring the quality of Luv2Swim’s response, record part or all of the calls between you and Luv2Swim.

(f) You agree that any information or data disclosed to Luv2Swim under this Plan is not confidential or proprietary to you. Furthermore, you agree that Luv2Swim may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the Luv2Swim Customer Privacy Policy.

(g) Luv2Swim has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Luv2Swim regarding the processing of data, and Luv2Swim will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding the processing of your data, contact Luv2Swim at the telephone numbers provided.

(h) Luv2Swim will protect your information in accordance with Luv2Swim Customer Privacy Policy available at Luv2Swim.com/privacy/. If you wish to have access to the information that Luv2Swim holds concerning you or if you want to make changes, access Luv2Swim.com to update your personal contact preferences or you may contact Luv2Swim at Luv2Swim.com/contact.

(i) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Luv2Swim’s entire understanding with respect to the Plan.

(j) Each Annual Plan will renew automatically, unless cancelled, at its original Plan purchase price, unless you are notified in advance of a price change in accordance with Section 11 of this Plan. Luv2Swim is not obligated to renew any Fixed-Term Plan. If Luv2Swim does offer renewal, Luv2Swim will determine the price and terms.

(k) There is no informal dispute settlement process available under this Plan.

(l) As used in this Plan, “Luv2Swim” is Luv2Swim, Inc., a WY corporation with its registered office at 30 N Gould St, Ste R, Sheridan, WY, 82801, doing business in the state of AZ as Luv2Swim, Inc. Plans sold in the United States are backed by the full faith and credit of the provider, Luv2Swim, Inc.

(m) The Administrator is Luv2Swim Inc. (the “Administrator”), a Wyoming corporation with its registered office at:

40 N Gould St Ste R Sheridan, WY, 82801 USA

The Administrator is responsible for the collection and transfer to Luv2Swim, Inc. of the purchase price for the Plan and for the administration of claims under the Plan.

(n) Except where prohibited by law, the laws of the State of Wyoming govern Plans purchased in the United States. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, including the laws of Alabama, Arizona, Florida, Georgia, Nevada, Oregon, Vermont, Washington, Wisconsin and Wyoming, then the laws of that jurisdiction will control.

(o) Support services under this Plan may be available in English only.

13. Country, Province and State Variations

One or more of the terms that appear below may apply to the Plan. The terms below may vary from one or more of the terms that appear above this section. Product availability may vary by jurisdiction. The following jurisdiction variations will control if inconsistent with any other provisions of this Plan:

Alabama, Arkansas, California, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, Nevada, New York, South Carolina, Texas, Washington and Wyoming Residents. If you purchased the Plan in one of these states, this term applies to the Plan:

If you cancel this Plan pursuant to these terms and conditions, and Luv2Swim fails to refund the purchase price to you within the time period specified below Luv2Swim will pay you a penalty of ten percent (10%) per month for the unpaid amount due and owing. For California, New York, Missouri and Washington residents Luv2Swim will provide a refund within 30 days. For Alabama, Arkansas, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, South Carolina, Texas and Wyoming residents, Luv2Swim will provide a refund within 45 days. For New Mexico residents, Luv2Swim will provide a refund within 60 days. The right to cancel and receive this penalty payment only applies to the original owner of the Agreement and may not be transferred or assigned. The obligations of the provider under this service contract are backed by the full faith and credit of the provider, Luv2Swim, Inc.

California Residents. If you purchased the Plan in this state, these terms apply to the Plan:

If you cancel this Plan within thirty (30) days of your Plan receipt, you will receive a full refund less the value of any service provided under the Plan.

Section 2. Plan Term and Renewal

Plan coverage begins when you purchase the Plan and continues, unless cancelled, through the date specified in your Plan Confirmation (the “Plan Term”).

Annual Plans provide one (1) year of coverage paid in annual installments beginning on the Plan’s original purchase date as specified on the original sales receipt. Coverage may be cancelled as set forth in the “Cancellation” Section 9, or as otherwise required by law. At Luv2Swim’s discretion and provided that Luv2Swim gives you at least sixty (60) days’ prior written notice, or as otherwise required by law, Luv2Swim may offer renewal of your Annual Plan, or may offer you a new plan that contains different benefits and coverage. Annual Plans may not be available for all Covered Devices.

For Fixed-Term Plans, your Plan Term is fixed as set forth on your Plan Confirmation. Luv2Swim is not obligated to renew your Fixed-Term Plan. If Luv2Swim does offer to renew, Luv2Swim will determine the price and terms.

For Annual Plans and any Fixed-Term Plan paid in installments (where available), you agree to have the credit card, debit card or other authorized payment source i.e. Luv2Swim Pay (the “Payment Source”) used for your initial Plan purchase (or your first Plan payment where not otherwise paid for by a Plan Payment Provider), kept on file to automatically charge in advance of the first day of each installment billing period following your initial payment or installment or for a renewal payment. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate installment or renewal payment on time, your Plan coverage will cease from the due date. Luv2Swim has the right, but not the obligation, to accept any late payment and allow your Plan to continue from the date of late payment.

You can find the price of the Plan on the original sales receipt as provided by Luv2Swim or another seller from whom you’ve purchased your Plan (a “Reseller”), or your Plan Payment Provider.

Colorado Residents. If you purchased the Plan in this state, this term applies to the Plan:

Notice: This Plan is subject to the Colorado Consumer Protection Act or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.

Connecticut Residents. If you purchased the Plan in this state, this term applies to the Plan:

The expiration date of the Plan will automatically be extended by the period that the Covered Equipment is in Luv2Swim’s custody while it is being serviced. Resolution of Disputes: Disputes may be resolved by arbitration. Unresolved disputes or complaints may be mailed, with a copy of this Plan, to State of Connecticut, Insurance Dept., P.O. Box 816, Hartford, CT 06142-0846, Attn: Consumer Affairs.

Florida Residents. If you purchased the Plan in this state, this term applies to the Plan:

The laws of the State of Florida will govern this Plan and any dispute arising under it. The rate that is charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. No cancellation fee will be imposed in the event of a cancellation.

Michigan Residents. If you purchased the Plan in this state, this term applies to the Plan:

If performance of the service contract is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.

Nevada Residents. If you purchased the Plan in this state, this term applies to the Plan:

Section 4.1(h): to repair any damage to the Covered Equipment caused by use with a third-party component or product that does not meet the Luv2Swim Product’s specifications, or arising from service (including upgrades and expansions) performed by anyone who is not a representative of Luv2Swim or an Luv2Swim Authorized Service Provider (“AASP”). This exclusion shall not impact any available coverage You may have under this Plan that is unrelated to the unauthorized component(s) or service.

Cancellations: No Plan that has been in effect for at least seventy (70) days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds: (i) failure by the holder to pay an amount due; (ii) conviction of the holder of a crime, which results in an increase in the service required; (iii) discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder; (iv) discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially

and materially increases the service required under the Plan, or (v) a material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold. No cancellation of a service contract will become effective until at least fifteen (15) days after the notice of cancellation is mailed to the holder. If you have not made a claim and you return this contract to us, either within twenty (20) days of the date that we mailed the contract to you or within ten (10) days of the date of purchase if you were given a copy of this contract when you purchased it, then this contract shall be void and we will refund to you the purchase price of the contract.

If Luv2Swim cancels this Plan, Luv2Swim shall refund to Nevada consumers the portion of the purchase price that is unearned. Luv2Swim may deduct any outstanding balance on your account from the amount of the purchase price that is unearned when calculating the amount of the refund. If Luv2Swim cancels a contract pursuant to NRS 690C.270, it may not impose a cancellation fee.

Except as otherwise provided in this section, a Nevada resident who is the original purchaser of this Plan, who submits to Luv2Swim a request in writing to cancel the Plan in accordance with the terms of the Plan, shall receive a refund of the portion of the Plan’s purchase price that is unearned and Luv2Swim will not deduct the value of any service provided. If you request the cancellation of this Plan after the first thirty (30) days of the Plan term, Luv2Swim will not impose a cancellation fee or deduct the value of any service provided. When Luv2Swim calculates the amount of a refund pursuant to subsection (ii), it may deduct from the portion of the purchase price that is unearned any outstanding balance on the account. Luv2Swim, Inc. backs this Plan for Nevada residents by its full faith and credit.

Transfer: Section 10 does not apply to Annual Plans or Fixed-Term Plans paid in installments directly by a Plan Payment Provider, which may not be transferred.

No prior approval for services or goods covered under the Plan is necessary.

Tax is not applicable in the State of Nevada on the service fee for AD claims.

If you are not satisfied with the handling of your claim, you may contact the Nevada Division of Insurance by calling the toll-free number (888) 872-3234.

New Hampshire Residents. If you purchased the Plan in this state, this term applies to the Plan:

In the event you do not receive satisfaction under this contract, you may contact the New Hampshire insurance department, by mail at State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone, via Consumer Assistance, at 800-852-3416.

New Mexico Residents. If you purchased the Plan in this state, this term applies to the Plan:

Cancellations: No Plan that has been in effect for at least seventy (70) days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds: (i) failure by the holder to pay an amount due; (ii) conviction of the holder of a crime, which results in an increase in the service required; (iii) discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder; (iv) discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or (v) a material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.

North Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan:

The purchase of this Plan is not required either to purchase or to obtain financing for the Covered Equipment. Luv2Swim will not cancel this plan EXCEPT for failure to pay the purchase price for the Plan.

Ohio Residents. If you purchased the Plan in this state, this term applies to the Plan:

Although this service contract is not an insurance policy, the obligations for claims hereunder for Plans sold in Ohio are insured by Illinois National Insurance Co., with an address of 180 Maiden Lane 25th Floor, New York, NY 10038 (Phone Number: 1-800-250-3819). With any correspondence, please provide your phone number and case number, if applicable. You are entitled to make a direct claim against the insurance company if Luv2Swim fails to provide service pursuant to a claim sixty (60) days after Luv2Swim’s receipt of your claim.

Oregon Residents. If you purchased the Plan in this state, this term applies to the Plan:

In the event you do not receive satisfaction under this contract, you may contact the Oregon Department of Consumer and Business Services, Division of Financial Regulation, Consumer Advocacy Section, P.O. Box 14480, Salem, OR 97309 or at 350 Winter Street NE, 4th Floor, Salem, OR 97301; or by telephone at 888-877-4894 or 503-947-7984, or by email at cp.ins@oregon.gov.

For any inquiries regarding your Luv2SwimCare+ coverage, you can write or call the Administrator/obligor at the address or phone number included in this contract.

Data as referred to in Section 12(f) of the General Terms section means data that is provided to Luv2Swim as part of this service contract. It does not mean data stored on a Mac device or accessory.

South Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan:

You may address any unresolved complaints or Plan regulation questions to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, Tel: 1-800-768-3467.

Tennessee Residents. If you purchased the Plan in this state, this term applies to the Plan:

The Plan Term of this Plan shall be extended the number of days you are deprived of the use of the product because the product is in repair plus two (2) additional workdays.

Texas Residents. If you purchased the Plan in this state, this term applies to the Plan:

The provider may cancel this Plan with no prior notice for non-payment, misrepresentation or a substantial breach of a duty by the holder relating to the Covered Equipment or its use. You may address any unresolved complaints or contract regulation question to the TX Dept. of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, U.S.

The Administrator in Texas is Luv2Swim Inc., TDLR License. #300.

Virginia Residents. If you purchased the Plan in this state, if any promise made in the contract has been denied or has not been honored within sixty (60) days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

Wisconsin Residents. If you purchased the Plan in this state, this term applies to the Plan:

THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.

If you cancel this Plan within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund. If you cancel this Plan more than thirty (30) days after your receipt of the Plan, you will receive a pro-rata refund of the original purchase price, based on the percentage of the unexpired Plan Term. No deduction shall be made from the refund for the cost of any service received. Luv2Swim will not cancel this Plan EXCEPT for failure to pay the purchase price for the Plan. If Luv2Swim cancels the Plan, you will be paid a pro-rata refund for the Plan’s unexpired term.

Wyoming Residents. If you purchased the Plan in this state, this term applies to the Plan:

If Luv2Swim cancels this Plan, Luv2Swim will mail to you written notice of the cancellation at your last known address contained in Luv2Swim’s records. Luv2Swim will mail this written notice to you no less than ten (10) days prior to the date when the cancellation will take effect. This written notice to you will contain the date when the cancellation will take effect and the reasons for the cancellation. Luv2Swim is not obligated to provide prior notice if cancellation is due to nonpayment of the Plan, a material misrepresentation by you to Luv2Swim, a substantial breach of your duties under the Plan or a substantial breach of your duties relating to the Covered Equipment or its use.

Disputes that arise under this Plan may be settled in accordance with the Wyoming Arbitration Act.

Telephone Numbers

United States – 480-542-0267

* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information at Luv2Swim.com/. Toll-free numbers are not available in all countries.

Smart Service Terms & Conditions

By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Luv2Swim, Inc., its affiliates, parents, and subsidiaries (collectively, “Luv2Swim” or “us”) and/or participating in Luv2Swim’s “Fixed Price Service”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Service offered through Luv2Swim, as it may be modified, relocated and/or redirected from time to time.

If you do not agree to accept and be bound by this Agreement, you must immediately stop using Luv2Swim. Luv2Swim’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using Luv2Swim, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use Luv2Swim is personal to you and is not transferable to any other person or entity.

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).

TERMS AND CONDITIONS

FIXED PRICE SERVICE
Luv2Swim, through its technology platform, makes available certain home services labeled as “Fixed Price Service” to individuals seeking to obtain home services (“Requesters”) that Luv2Swim fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Service, you will pay for your home service upfront and for certain Fixed Price Service, book the time and date of your service through our online portal.

SCREENING FOR FIXED PRICED SERVICES
For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by Luv2Swim without notice to you. With respect to criminal background checks, you acknowledge and understand that Luv2Swim makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that Luv2Swim relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. Luv2Swim has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.

You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services.

LUV2SWIM PERFORMS

SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON LUV2SWIM. LUV2SWIM CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. LUV2SWIM IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER’S BACKGROUND CHECK OR PROFILE. LUV2SWIM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.

PAYMENT FOR FIXED PRICE SERVICES; LUV2SWIM SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
Prior to the scheduled Fixed Price Service, we will charge the Requester’s credit card for the Fixed Price Service the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester’s Luv2Swim account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Luv2Swim (or a third-party payment processor on Luv2Swim’s behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe Luv2Swim. Depending on the transaction you selected or services requested, Luv2Swim may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Luv2Swim at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.

Except for the Luv2Swim Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service provided (other than taxes based on Luv2Swim’s income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Luv2Swim or third parties, then Luv2Swim may withhold any payments to you for as long as we determine any related risks to Luv2Swim or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.

Recurrent Service with Automatic Renewal and Recurring Charges.

Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, Luv2Swim will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Luv2Swim cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.

BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL:
When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER’S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER’S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.

CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE:
Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Luv2Swim Help Center at www.Luv2Swim.com/help or by mailing a notice of cancellation to Luv2Swim, Inc. Attn.: Legal, 15411 W Waddell Rd, Ste 102. Surprise, AZ 85379. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO LUV2SWIM’S CANCELLATION POLICY AS SET FORTH IN SECTION 10.

Luv2Swim Platform Service Fee. Luv2Swim may assess an additional “Platform Service Fee” to support the Fixed Price Service, including costs related to background checks, insurance, customer support, and related services provided to you by the Luv2Swim Fixed Price Service The Platform Service Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Service (e.g., if you requested a Recurrent Service, a Platform Service Fee may be assessed on each Recurrent Service appointment). The amount of the Platform Service Fee may vary but shall be retained by Luv2Swim in its entirety.

Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Luv2Swim Help Center at https://Luv2Swim.com/help.

Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Service in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Luv2Swim referral discounts are redeemable for Fixed Price Service or service requests made through SmartPay. Luv2Swim referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.

LUV2SWIM FIXED PRICE SERVICE GUARANTEE
The Luv2Swim Fixed Price Service Guarantee provides certain limited additional protections provided by Luv2Swim for Fixed Price Service. Pursuant to the Luv2Swim Fixed Price Service Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, Luv2Swim will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $5,000 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service. Service Requester is eligible for the Luv2Swim Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the Luv2Swim Help Center at www.Luv2Swim.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the Luv2Swim Fixed Price Service Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.

If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Luv2Swim Fixed Price Service Guarantee is secondary. The Luv2Swim Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.

A Requester will be covered under the Luv2Swim Fixed Price Service Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided: The Fixed Price Service is paid for in full through Luv2Swim; The Requester has not violated this Agreement; The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service; The Requester’s Luv2Swim account is in good standing with no outstanding balances owed to Luv2Swim; The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service. What is excluded from the Luv2Swim Fixed Price Services Guarantee? The “Luv2Swim Fixed Price Services Guarantee” does not cover the following: Fixed Price Services that are requested through Home Improvement Referrals or any other Luv2Swim Service; Any Fixed Price Service that is not booked and paid for directly on Luv2Swim; losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes; losses arising out of interruption of business, loss of market, loss of income and/or loss of use; losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation; losses arising from the acts or omissions of a Requester or third party; losses arising from the negligence or misconduct of a third party; losses arising from a manufacturer’s or a product’s defects; losses from pre-existing damages or conditions of the item or property; losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc); losses arising from flooding and/or water damage including mold, fungi or bacteria; losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution; losses of cash, third party gift cards, and securities; losses as a result of an intentional wrongful act by a Service Provider; losses arising from normal wear and tear; losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel); losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value; losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation); loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use; losses excluded pursuant to Sections 24 & 25 of the Agreement; losses based on sentimental and/or undocumented intangible value; losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment; losses related to repairs outside of the area where the Fixed Price Services were performed; losses of pets, personal liability or damage to shared or common areas; losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items; losses of theft without a valid police report, if requested by Luv2Swim; and losses with insufficient documentation; and losses occurring after, or unrelated to, the performance of a Fixed Price Service; losses involving products or services, or uses of either, that are prohibited by law; losses due to unforeseeable or latent defects in the premises; losses related to services not explicitly booked through Luv2Swim; and losses reported by third parties.

How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Luv2Swim Fixed Price Service Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Luv2Swim’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Luv2Swim the requested information. If you fail to provide the requested information within the 30-day time period and/or fail to contact Luv2Swim to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Luv2Swim Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Luv2Swim or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Luv2Swim resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Luv2Swim Fixed Price Service Guarantee, You will be required to execute and deliver to Luv2Swim the release agreement within 14 days of receipt of the release agreement from Luv2Swim, and assign to Luv2Swim or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Luv2Swim within 14 days of Your receipt and the claim shall no longer shall be eligible for the Luv2Swim Fixed Price Services Guarantee.

OTHER OFFERS AND DISCOUNTS
Promotional Coupon Promotional coupons are only eligible for the specific services designated by Luv2Swim. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Luv2Swim reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.

Luv2Swim promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Luv2Swim. Promotional coupons may not be purchased for cash and Luv2Swim does not sell promotional coupons. Promotional coupons are nonrefundable. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.

Your Luv2Swim account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Luv2Swim account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon. No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Luv2Swim, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.

INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Luv2Swim, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Luv2Swim, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Luv2Swim, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of Luv2Swim or Services, updates concerning new and existing features on Luv2Swim, communications concerning promotions run by us, and news concerning Luv2Swim and industry developments. You also authorize Luv2Swim to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Luv2Swim or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Luv2Swim website, communications concerning promotions run by us, and news concerning Luv2Swim and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Luv2Swim and/or a Service Provider and thus agree to be contacted by Luv2Swim and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Luv2Swim has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Luv2Swim has the right to refuse any current or future use of the Luv2Swim Services (or any portion thereof) by you. You are responsible for any use of the Luv2Swim Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Luv2Swim at any time. You may opt-out of receiving all text (SMS) messages from Luv2Swim (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that Luv2Swim or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Luv2Swim’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by Luv2Swim. During this process, Luv2Swim and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Luv2Swim’s use and disclosure of this call data for its legitimate business purposes.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO LUV2SWIM AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LUV2SWIM AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF LUV2SWIM AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

PLATFORM MESSAGING; EMAILS
By submitting a service request, you agree that Luv2Swim and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of Luv2Swim. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from Luv2Swim at any time by texting the word STOP from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from Luv2Swim and the Service Providers, your use of Luv2Swim Services may be impacted. Luv2Swim, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via Luv2Swim’s messaging platform.

Luv2Swim may send you confirmation and other transactional emails regarding the Fixed Price Service. Luv2Swim and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

CALL RECORDING
You acknowledge and agree that Luv2Swim, and its third party service providers, may monitor and/or record any telephone calls between you and Luv2Swim.

ACCOUNT SECURITY
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing Luv2Swim. You are solely and fully responsible for all activities that occur under your password or account, except that Luv2Swim may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. Luv2Swim has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.Luv2Swim.com/help. You will provide us with such proof of identity as we may reasonably request from time to time.

TERM AND TERMINATION
Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.

Termination by Luv2Swim. We may terminate this Agreement or terminate or suspend your right to use Luv2Swim at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on Luv2Swim, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use Luv2Swim due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend 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, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Luv2Swim may delete the account and all the information in it. You have no ownership rights to your account.

Termination by You. You may terminate this Agreement by completely and permanently ceasing to use Luv2Swim (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on Luv2Swim. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Service ordered under your password or account, this Agreement shall not terminate until such Fixed Price Service have been performed or otherwise canceled as permitted by Luv2Swim. AUTOMATIC RENEWAL: For recurring Fixed Price Service, Luv2Swim will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.

Cancellation Policy for Service Cancellation by Requester. Luv2Swim’s cancellation policy (found at www.Luv2Swim.com/help) for specific Fixed Price Service is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through Luv2Swim at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the Luv2Swim Help Center at www.Luv2Swim.com/help or by mailing a notice of cancellation to Luv2Swim, Inc. Attn.: Legal, 15411 W Waddell Rd, Ste 102. Surprise AZ 85379.

Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, Luv2Swim generally notifies the Requester and makes the Requester’s Fixed Price Service request available for another Service Provider to select. However, Luv2Swim cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.

LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
Luv2Swim, and the information, data, content and materials, which it contains (“Luv2Swim Materials”), are the property of Luv2Swim and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Luv2Swim has a right to use as described below. The Luv2Swim Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Luv2Swim and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Luv2Swim Materials. Any use of Luv2Swim Materials, other than as expressly permitted herein, is prohibited without the prior permission of Luv2Swim and/or the relevant right holder. The service marks and trademarks of Luv2Swim, including without limitation SmartChemistry, SmartService, Luv2Swim.com and the Luv2Swim logo are service marks owned by Luv2Swim. Any other trademarks, service marks, logos and/or trade names appearing on Luv2Swim are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on Luv2Swim without the express prior written consent of the owner.

REVIEWS; CONTENT LICENSE
You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the Luv2Swim website with respect to the provision of such services.

Although Luv2Swim does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Luv2Swim an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Luv2Swim with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.

MODIFICATION, LIMITATION AND DISCONTINUANCE
Luv2Swim reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Service. You agree that Luv2Swim will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Service. You agree that Luv2Swim may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Service.

DELAYS
Luv2Swim is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.

FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of Luv2Swim. In addition, none of the Submissions will be subject to any obligations of confidentiality and Luv2Swim will not be liable for any future use or disclosure of such Submissions.

RATINGS & REVIEWS ARE NOT ENDORSED BY LUV2SWIM
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Luv2Swim. Luv2Swim disclaims any and all representations or warranties with regard to the Ratings and Reviews. Luv2Swim does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

ARTICLES AND OTHER CONTENT
Luv2Swim provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Luv2Swim or apps, and via mobile applications owned and operated by Luv2Swim. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.

LINKS TO THIRD PARTY SITES
The links in the Luv2Swim or apps will let you leave Luv2Swim’s Web site. The linked sites are not under the control of Luv2Swim and Luv2Swim is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Luv2Swim is not responsible for webcasting or any other form of transmission received from any linked site. Luv2Swim is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Luv2Swim of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. LUV2SWIM EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD LUV2SWIM HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS

Luv2Swim respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at Luv2Swim, Inc. Attn: DMCA. 15411 W Waddell Rd, Ste 102. Surprise AZ 85379.

RULES FOR USE OF LUV2SWIM
During the term of this Agreement, Requesters may use Luv2Swim for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use Luv2Swim to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use Luv2Swim for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use Luv2Swim to do any of the following: Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion. Use Luv2Swim or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through Luv2Swim. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Service facilitated through Luv2Swim without express written permission from us. Use Luv2Swim to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent. Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through Luv2Swim, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly. Restrict or inhibit any other User from using and enjoying Luv2Swim. Imply or state that any statements you make are endorsed by us, without our prior written consent. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with Luv2Swim, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index Luv2Swim in any manner, or attempt to do any of the foregoing. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner. Register to use Luv2Swim under different usernames or identities, after your account has been suspended or terminated. Mirror or archive any part of Luv2Swim or any content or material contained on Luv2Swim without Luv2Swim’s written permission. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message. Alter transmission data without Luv2Swim’s consent.

CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of Luv2Swim’s trade secrets, confidential and proprietary information, personal information and all other information and data of Luv2Swim that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Luv2Swim contains secured components that are accessible only to those who have been granted a username and password by Luv2Swim. Information contained within the secure components of Luv2Swim is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Luv2Swim and agree that you will not use Confidential Information other than as necessary for you to make use of Luv2Swim as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Luv2Swim in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Luv2Swim upon termination of this Agreement for any reason whatsoever.

NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Luv2Swim server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Luv2Swim. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Luv2Swim or apps or any other Luv2Swim owned, operated, licensed or controlled site. Elements of the Luv2Swim or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Luv2Swim web Site may be copied or retransmitted unless expressly permitted by Luv2Swim. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. LUV2SWIM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LUV2SWIM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE LUV2SWIM WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUV2SWIM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT LUV2SWIM ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. LUV2SWIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR LUV2SWIM COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER’S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LUV2SWIM, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF LUV2SWIM OR THIS AGREEMENT. NEITHER LUV2SWIM NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF LUV2SWIM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER LUV2SWIM NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT LUV2SWIM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH LUV2SWIM, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD LUV2SWIM, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE LUV2SWIM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY LUV2SWIM OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL LUV2SWIM OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE LUV2SWIM OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE LUV2SWIM’S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL LUV2SWIM OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE LUV2SWIM OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. LUV2SWIM AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH LUV2SWIM, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT LUV2SWIM OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO LUV2SWIM DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE LUV2SWIM FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4. NEITHER LUV2SWIM NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST HOMEADVVISOR OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY LUV2SWIM OR ANY OF ITS AFFILIATES. NOTHING IN THIS AGREEMENT OR LUV2SWIM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.

BY USING LUV2SWIM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE LUV2SWIM. YOU ACCEPT THAT, AS A CORPORATION, LUV2SWIM HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST LUV2SWIM’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE LUV2SWIM’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS LUV2SWIM.

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Luv2Swim, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Service; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through Luv2Swim. Luv2Swim 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 such claim or matter without the prior written consent of Luv2Swim.

NOTICE
You agree that Luv2Swim may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to Luv2Swim will be provided by either sending: (i) an email to legal@Luv2Swim.com; or (ii) a letter, first class certified mail, to Luv2Swim, Attn: Legal, 15411 W Waddell Rd, Ste 102. Surprise AZ 85379. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

MUTUAL ARBITRATION AGREEMENT
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Luv2Swim, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Luv2Swim may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Luv2Swim. Luv2Swim’s address for such notices is: legal@Luv2Swim.com and/or by mail to Luv2Swim, Inc., Attn: Legal, 15411 W Waddell Rd, Ste 102. Surprise AZ 85379.

Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Luv2Swim agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Luv2Swim will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.

Excluded Disputes. You and Luv2Swim agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
You and Luv2Swim agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.

Severability. You and Luv2Swim agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.

GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS

Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Arizona, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Maricopa, Arizona. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

INDEPENDENT SERVICE PROVIDERS
LUV2SWIM PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM LUV2SWIM THAT LUV2SWIM FULFILLS USING INDEPENDENT SERVICE PROVIDERS. LUV2SWIM IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT LUV2SWIM’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND LUV2SWIM DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER’S WORK IN ANY MANNER.

ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and Luv2Swim governs your use of the Site and constitutes the entire agreement between you and Luv2Swim with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Luv2Swim regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Luv2Swim under this Agreement.

MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Luv2Swim’s rights if Luv2Swim fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Luv2Swim agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Luv2Swim as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Website Terms & Conditions

The following terms and conditions (“Terms”) govern your use of the websites and applications where this appears (collectively, the “Site”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time. We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes. While some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Account Registration

You may browse the Site without registering for an account. You may be required to register for an account to use certain features of the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Restrict or inhibit any other person from using the Site; Use the Site for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Engage in spamming or flooding; Harvest or collect information about Site users; Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not: Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit; Link to any portion of the Site other than the URL assigned to the home page of the Site; “Frame” or “mirror” any part of the Site; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content; Remove any copyright, trademark or other proprietary rights notices contained on the Site; Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active; Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; Access, reload or refresh transactional pages, or make any other request to transactional servers, more than once during any three-second interval; Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals; Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals; Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content; Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by using our website form. You can also write us at: Luv2Swim Attn: Legal, RSVP 15411 W Waddell Rd, Ste 102 Surprise, AZ 85379

Forums and User Content

We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”). By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content. You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian. We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests. If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to: Luv2Swim Attn: Lega 15411 W Waddell Rd Ste 102 Surprise, AZ 85379 There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Parental Controls

We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.

Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

Rules for Sweepstakes, Contests and Games

In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any order and products acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us. You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Indemnification

If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

WEBSITE TERMS & CONDITIONS

The following terms and conditions (“Terms”) govern your use of the websites and applications where this appears (collectively, the “Site”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time. We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes. While some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Account Registration

You may browse the Site without registering for an account. You may be required to register for an account to use certain features of the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Restrict or inhibit any other person from using the Site; Use the Site for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Engage in spamming or flooding; Harvest or collect information about Site users; Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not: Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit; Link to any portion of the Site other than the URL assigned to the home page of the Site; “Frame” or “mirror” any part of the Site; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content; Remove any copyright, trademark or other proprietary rights notices contained on the Site; Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active; Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; Access, reload or refresh transactional pages, or make any other request to transactional servers, more than once during any three-second interval; Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals; Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals; Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content; Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by using our website form. You can also write us at: Festival Days Attn: Notices, RSVP 15411 W Waddell Rd, Ste 102 Surprise, AZ 85379

Forums and User Content

We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”). By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content. You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian. We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests. If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to: Festival Days Attn: Notices 15411 W Waddell Rd Ste 102 Surprise, AZ 85379 There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Parental Controls

We cannot prohibit minors from visiting our Site, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.

Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

Rules for Sweepstakes, Contests and Games

In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any order and products acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us. You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Indemnification

If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions: You may assert claims in small claims court if your claims apply; If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes. The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect. This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Luv2Swim Attn: Legal 15411 W Waddell Rd Ste 102 Surprise, AZ 85379. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. Questions If you have any questions, comments or complaints regarding these Terms or the Site you can contact us using our website form. Please do not include your credit card number or other sensitive information in your email. You can also write us at: Luv2Swim Attn: Legal 15411 W Waddell Rd Ste 102 Surprise, AZ 85379

Privacy

This Privacy Policy applies to the sites and apps where it appears.

This Policy describes how we treat personal information we collect both online and offline. This includes interactions you have with us on our websites, in our apps, over the phone, via email, and social media.

We collect information from and about you.

Contact information.

For example, we might collect your name and street address. We might also collect your phone number or email.

Payment and billing information.

For example, we collect your credit card number and zip code when you buy a ticket.

Information you post.

For example, we collect information you post in a public space on our website. We also collect information you post on a third-party social media site.

Demographic information.

We may collect information like your age range, race, or gender. We may collect information about events you like or products you buy. We might collect this as part of a survey or from third parties, for example.

Other information.

If you use our website, we may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may collect information about your location, including your precise location. We may collect this using technology such as GPS and Wi-Fi. If you use our mobile app, we may also access your device’s location in the background. We may collect your device’s unique identifier. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running. We might look at how often you use the app and where you downloaded it.

We collect information in different ways.

We collect information directly from you.

For example, if you register for a promotion or buy tickets. We also collect information if you post a comment on our websites or ask us a question.

We collect information from you passively.

We use tracking tools like browser cookies and web beacons. We also collect information from our mobile apps.

We get information about you from third parties.

For example, if you use an integrated social media feature on our websites or mobile applications. The third-party social media site will give us certain information about you. This could include your name and email address. Your activities on our sites and apps may be posted to the social media platforms.

We use information as disclosed and described here.

We use information to respond to your requests or questions.

For example, we might use your information to confirm your registration for an event or contest. You may give us your friend’s information, for example, via our referral service to tell a friend about our website or to purchase a gift card. We will only use your friend’s information to provide services you requested. Your friend may contact us using our website form to ask us to delete their information.

We use information to improve our products and services.

We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

We use information to look at site trends and customer interests.

We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.

We use information for security purposes.

We may use information to protect our company, our customers, or our websites.

We use information for marketing purposes.

For example, we might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy tickets from us we’ll enroll you in our newsletter. To learn about your choices for these communications, read the choices section below.

We may also use push notifications on our mobile apps.

We may use push notifications and your location information on our mobile apps to send you alerts regarding local events.

We use information to send you transactional communications.

For example, we might send you emails about your account or a ticket purchase. We might also contact you about this policy or our website terms.

We use information as otherwise permitted by law or as we may notify you.

We keep personal information as long as it is necessary or relevant for our business. We also keep information to resolve disputes, enforce our agreements and as otherwise required by law.

We may share information with third parties.

We will share information within the Luv2Swim family of companies.

We will share information with third parties who perform services on our behalf.

For example, we share information with vendors who help us manage our online registration process or who fulfill your purchases. Some vendors may be located outside of the United States.

We will share information with our business partners.

This includes a third party who provides or sponsors an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies, which may include sending you marketing communications. You should read those polices to learn how they treat your information.

We may share information if we think we must in order to comply with the law or to protect ourselves.

For example, we will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion.

We may share information with any successor to all or part of our business.

For example, if part of our business is sold we may give our customer list as part of that transaction.

We may share your information for reasons not described in this policy.

We will tell you before we do this.

You have certain choices about how we use your information.

You can opt out of receiving our marketing emails.

To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. Your device settings should provide you with instructions on how to turn off push notifications. It may take about ten days to process your request. Don’t worry! Even if you opt out of getting marketing messages, we will still be sure to send you transactional messages. For example, we may still contact you about your orders.

You can modify information you have given us.

To correct or delete information or update account settings, log into your account and follow the instructions. We make changes as soon as we can. This information may stay in our backup files. If we cannot make the changes you want, we will let you know and explain why. If you contact us requesting access to your information, we will respond within 30 days.

You can control cookies and tracking tools.

You can control tools on your mobile devices.

For example, you can turn off the GPS locator or push notifications on your phone. Each push notification has an “unsubscribe” link.

Your California Privacy Rights.

If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can email us or write to us at the address below. Mention in your letter that you are making a “California Shine the Light” inquiry. We will respond within 30 days.

These sites and apps are not intended for children.

Our sites and apps are meant for adults. We do not knowingly collect personally identifiable information from children under 13. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us via our website form. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.”

Parents, you can also learn more about how to protect children’s privacy online here.

We use standard security measures.

We have security measures in place to protect your information. The standard security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords. If you think that an unauthorized account has been created using your name, contact us at the address below.

We store information both in and outside of the United States.

If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection of those in your country.

We may link to third-party sites or services we don’t control.

If you click on one of those links, you will be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third-party sites. Our site may also serve third-party content that contains their own cookies or tracking technologies.

Feel free to contact us if you have more questions.

If you have any questions about this Policy or other privacy concerns, you can contact us using our website form. Please do not include your credit card number or other sensitive information in your email. You can also write us at: Luv2Swim Attn: Notices, Legal 15411 W Waddell Rd, Ste 102 Surprise, AZ 85379

What we will do if there is an update to this policy.

From time to time, we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

Web Accessibility Statement

Luv2Swim is committed to facilitating the accessibility and usability of its websites (each, a “Website”) for persons with sensory disabilities. To accomplish this we will be implementing over time the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA as its web accessibility standard, which will allow the Website to be more accessible to persons with sensory disabilities. Until such time as our electronic media upgrades are complete, if you have difficulty accessing our website, apps, or intranet to attain information, purchase tickets, or for any other purpose, please contact us on the contact form so we can assist you.