Please Read – Terms and Conditions

Terms & Conditions of Sale

PLEASE NOTE: By purchasing a membership to myswimcoachonline you declare that you have read, understood and accepted the Release Liability Waiver, Legal Policy, Medical and Safety Warning and Disclaimer published below.

Release of Liability Waiver

By clicking the button and choosing your membership option you intend to be legally bound and due hereby agree to be legally bound for yourself and for all successors in interest you may have, by this Release of Liability Waiver, and hereby agree to hold harmless and indemnify Baratte Aquatic Services and myswimcoachonline.com coaches as well as any members, employees, assistants, volunteers, agents or any type whatsoever acting on or in behalf of the aforementioned entities and persons, against any claims for damages or other claims for injuries or losses of any kind suffered by you or any others, directly or indirectly, arising out of any practice, instructions, or other activity related to myswimcoachonline.com. With your membership you understand that the myswimcoachonline.com workouts are to be used at your own risk, that the aforementioned trainers, personnel, and businesses assume no responsibility for your actions should you attempt to use these skills, methods, and exercises.

By accepting your membership you certify that you are physically able to participate in this activity and will further hold myswimcoachonline.com coaches, as well as any members, employees, assistants, volunteers, assigns, or agents of any type whatsoever acting on or in behalf of the aforementioned entities and persons, harmless for any injury sustained in the course of your training due to any physical defect or condition that you may have, whether now known or hereinafter discovered. By accepting your membership you further acknowledge that in consideration for your myswimcoachonline.com training, this release shall not expire and shall be considered effective in perpetuity.

By accepting your membership you have understood ALL that is expressed in this text above, and you certify that you are of sound judgment and legally competent to agree to this Release of Liability Waiver.

Medical Disclaimer

Nothing within this information intends to constitute an explanation of the use of any product or the carrying out of any procedure or process introduced by or within any material. Information contained in our Website is not a substitute for professional medical advice, health care services or a medical exam. Nothing accessed is to be interpreted as a general or specific recommendation for a specific treatment plan, product, exercise regimen or course of action. Consult your doctor before using any exercise device or program. Do not use if you have any special medical condition. Only your doctor or a qualified medical professional can provide you with advice or recommendations for an individual ailment, treatment or problem.

Use our products at your own risk. Failure to follow instructions and/or using this product in any way other than its intended use could result in injury. When purchasing products from myswimcoachonline.com, the purchaser understands the risk associated with following instructions from products.

Productions Legal Policy

ATTENTION

Please carefully read these terms before using this website and placing any orders. Choosing to use this website indicates your agreement to accept these terms. If you cannot accept these terms, please refrain from using this website and placing any orders.

LEGAL ENTITY

Baratte Aquatic Services

a.        myswimcoachonline.com

b.        Larry Baratte

USE OF THIS WEBSITE

General Content

All the information on this website is meant exclusively for educational and informational purposes. Your access to and use of the information contained in the web site is subject to these Terms and Conditions. By accessing and using this web site, you accept, without limitation or qualification, these Terms. Myswimcoachonline.com will make reasonable efforts to present accurate and up-to-date information on this Web site. Yet, myswimcoachonline.com makes no warranties or representations of any kind as to its accuracy, correctness or completeness. You agree that you choose to use this Web site and its content at your own risk. Myswimcoachonline.com disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither myswimcoachonline.com nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this web site, or any errors or omissions in the content thereof.

The www.myswimcoachonline.com website is owned and operated by Larry Baratte. By accessing, browsing or using this website, you agree to these terms, conditions and disclaimers as amended from time to time and acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this website, you expressly agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended by myswimcoachonline.com from time to time. Any amendment will be effective immediately. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.

Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. All the products and services are only available to persons who are over the age of 18 and are legally allowed to enter binding contracts. Myswimcoachonline.com cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this website, nor can myswimcoachonline.com guarantee that it will give notice of any illegal or inappropriate use of this website. The information is believed to be accurate and current at the time the information was presented on this website.

The information contained on this website is provided by myswimcoachonline.com in good faith, and on the “as is” basis.

Myswimcoachonline.com and/or its respective suppliers make no representations 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. Myswimcoachonline.com and 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 this server may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Myswimcoachonline.com and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.

In no event shall myswimcoachonline.com or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.

None of myswimcoachonline.com, its related bodies corporate, any of their directors, officers or employees, affiliates, related companies, or its licensees, or joint-venture partners, make any representation or warranty as to the reliability, accuracy or completeness of the information contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. Myswimcoachonline.com disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement to the fullest extent permitted by applicable law. Myswimcoachonline.com makes no warranty that the website or any products or services advertised on the website will be timely, secure, errorless, uninterrupted, or meet any specific requirements you may have. No advice, suggestion or information, whether printed, oral or written, obtained by you from or through this website creates any warranty not expressly made in these Terms and Conditions.

Information on this website pertaining to products and/or services has been prepared in accordance with United States laws only. This information may not satisfy the laws of some other country. In case these terms and Conditions do not satisfy the laws of the country in which you reside or from which you are accessing this website, this website and its content are not meant for your use and cannot be relied upon by you, and you may not use it to order any goods from it. If you choose to use this website, you agree to indemnify myswimcoachonline.com against any losses, costs, expenses or damages myswimcoachonline.com may incur as a consequence.

You expressly acknowledge and agree that you understand that myswimcoachonline.com does not possess control over other users of this website or the suppliers of goods and services purchased from this website. Thus myswimcoachonline.com is therefore not liable for their opinions, behavior, or their acts including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

When purchasing products or other equipment from myswimcoachonline.com, the purchaser understands and accepts the risk associated with using this kind of equipment, and the purchaser understands the risk associated with following instructions from other products. The purchaser agrees not to hold myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, employees, affiliates, related companies, its licensees, or joint-venture partners, liable for injuries or proper maintenance and/or supervision.

ALWAYS consult your doctor before using any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from myswimcoachonline.com or its websites. Refrain from using any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from mysmchonline.com or its websites, if you have any abnormal health-related conditions. Use of any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from myswimcoachonline.com or its websites at your own risk. Failure to follow instructions and/or use of any product, system, program, instruction, recommendation, advice, or any other kind of information obtained from myswimcoachonline.com or its websites in any way other than intended could result in injury.

Any and all the software on this website is made available for downloading solely for use by end users. Any available software that you can download from this server (“Software”) is the copyrighted work of myswimcoachonline.com and/or its suppliers. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of law. Forwarding, transferring or copying of any software, video, audio or any other media on this website to any other server or location for further reproduction is expressly prohibited.

Myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or joint-venture partners, hereby fully disclaim all warranties and conditions with regard to the software and other technology products, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Materials and Documents

In order to use any documents, in their entirety or parts contained within this website (press releases, FAQs, white papers, case studies, testimonials, articles, and any other materials), you MUST acquire a written permission from myswimcoachonline.com management. You can request such permission at

Baratte Aquatic Services (myswimcoachonline.com)

4989 Corte Olivas, Camarillo, Ca., 93012

myswimcoachonline@gmail.com

Violators will be prosecuted to the maximum extent the law provides.

Website Design and Structure

The design, layout and structure of the myswimcoachonline.com website are the property of Baratte aquatic Services. Parts, fragments and elements of the myswcoachonline.com website are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the myswimcoachonline.com website may be copied or retransmitted unless expressly permitted in writing by myswimcoachonline.com management.

User Submissions and Collected Information

You agree to provide certain current, complete, and accurate information about yourself as prompted to do so by this website; and maintain and update this information as required to keep it current, complete and accurate. Myswimcoachonline.com will have no obligations with respect to the communications.  Information that we collect from you through this website will vary depending upon how you use the website and what information you choose to provide to us. If you contact us via e-mail or submit an online request for information or a registration form, we will collect the information that you provide to us in your e-mail message or request, including your name, contact information, e-mail address and any questions or comments that you may submit. Any material, information or other communication you transmit or post to this website will be considered non-confidential and non-proprietary communications. You are prohibited from posting or transmitting to or from this site any pornographic, unlawful, threatening, defamatory, obscene, or any other material that would violate any law.

If you send us any questions or comments by e-mail, we will use your e-mail address to respond to your questions or comments. If you submit an online request for information, we will use your name and contact information to process your request. If you subscribe to our email newsletter, register on the Discussion Forum, to any of our programs, special sections of the website, or purchase from us, we will automatically add your email address to our email database. This information is used to send out regular email newsletters containing updates, information on exclusive specials and current happenings.

We will always provide you with the opportunity to “opt-out” of your subscriptions. If you later decide to “opt-out”, you may do so by simply sending an email to myswimcoachonline@gmail.com with the word “REMOVE” in the subject line. The requests for removal from our database will only be accepted from the very email address to be removed.

All information provided by you when you sign up to become a Member or which you provide when placing an order is referred to in these Terms and Conditions as “user information”. When you provide any user information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify myswimcoachonline.com for any losses, costs expenses or damages that myswimcoachonline.com may suffer if any of this information is not correct. You grant to myswimcoachonline.com the right to disclose aspects of your user information. You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this website.

You acknowledge and consent to the disclosure by myswimcoachonline.com to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this website, upon being requested to do so by that law enforcement agency. Myswimcoachonline.com neither collects nor holds financial information of its customers. All financial transactions are carried out by the authorized processing agencies.

Other than the information necessary for order processing, we do not share, sell or make available any information you provide to us online or otherwise, with any outside company or third party. Myswimcoachonline.com protects all personal information about the users of its online service. We will collect and track information about visitors on a group basis where your identity is not precisely known. If any user information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or another harmful component or you otherwise attempt to alter any of the content of this website, or you are otherwise in breach of these Terms and Conditions, myswimcoachonline.com preserves the right to terminate your subscriptions, membership, website access, and your right to purchase products and services from its websites, and to prosecute you to the fullest extent of the law.

Updates

Maintaining information that is current, accurate, and complete allows us to make our website more useful and to provide our members with better service. To that end, we encourage you to update your contact information from time to time.

Limitation of Liability

Any information about myswimcoachonline.com products or services is not to be used or distributed where prohibited by law. In no event shall myswimcoachonline.com be liable for any incidental or consequential damages, lost profits, or lost data, or any indirect damages even if myswimcoachonline.com has been informed of the possibility thereof. Myswimcoachonline.com will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this website or for the cost of procurement of any products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if myswimcoachonli.com has been advised of the possibility of such damages.

Indemnification

You hereby agree to indemnify, defend and hold myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or joint-venture partners, harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, employees, affiliates, related companies, its licensees, or joint-venture partners arising out of or in connection with the performance of their duties as described in these Legal Statement including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction or taking any action or legal proceeding. You further agree to indemnify and hold myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, employees, affiliates, related companies, its licensees, or joint-venture partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this website using your user ID, of any intellectual property or other right of any person or entity.

Registered trademarks / copyrighted material used on this site

The entire content of this website is copyrighted by myswimcoachonline.com. Use of the content on this website is prohibited unless otherwise authorized in writing by myswimcoachonline.com.  Myswimcoachonline.com has made every effort to supply trademark information about “other” company names, products and services mentioned on this service.  For any additional questions concerning the use of myswimcoachonline.com copyrighted material, please contact: myswimcoachonline@gmail.com

Termination

Your ability to purchase products and services from this website may be terminated at any time by myswimcoachonline.com with notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by myswimcoachonline.com will survive termination. Should you object to any of these Terms and Conditions (including any subsequent amendments); you must immediately discontinue use of this website, and notify myswimcoachonline.com in order to terminate your membership.

Security

Under accepted codes of conduct operating within the banking industry, the amount your bank can hold you liable in case of fraudulent charges is limited, unless your actions have contributed to the unauthorized use of your credit card. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Once you register to become a member, to any of our programs, or special sections of the website, you will establish a password. You are entirely responsible for the security and confidentiality of your password and other user credentials. Furthermore, you are entirely responsible for any and all activities, which occur under your email address and password. You agree to immediately notify myswimcoachonline.com of any unauthorized use of your email address or password or any other breach of security that you become aware of.

Third Party websites and Links

This Web site may contain links or references to other Web sites maintained by third parties over whom myswimcoachonline.com has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over which myswimcoachonline.com has no control. Myswimcoachonline.com makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by myswimcoachonln.com.  The links on this website will let you leave the myswimcoachonline.com site. The linked sites are not under the control of myswimcoachonline.com and myswimcoachonline.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Myswimcoachonline.com is providing these links to you only as a convenience.

Reviews, Comments, and Suggestions

Myswimcoachonline.com enables visitors to its websites to post reviews of and comments on products and services featured on this website. If you post reviews or comments on this website, you grant to myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or joint-venture partners, a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favor of myswimcoachonline.com and any other person authorized by myswimcoachonline.com all moral and similar rights in any jurisdiction which you have or acquire in respect of such reviews and comments. You also grant to myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or joint-venture partners, the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment. You agree not to post any review or comment that contains any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you acknowledge that myswimcoachonline.com will reserve the right to terminate your membership and overall access to its websites at its own discretion. You will also fully indemnify myswimcoachonline.com for any losses, costs, expenses or damages that myswimcoachonline.com may suffer as a result.

Virus warning

Myswimcoachonline.com does not represent that any information (including any file) obtained from or through its websites is free from computer viruses or other faults or defects. It is your responsibility to scan and protect any and all information for computer viruses. Myswimcoachonline.com, its agents, representatives, related bodies corporate, any of its directors, officers or employees, affiliates, related companies, its licensees, or joint-venture partners, will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on myswimcoachonline.com, that liability shall be limited to the cost of re-supplying that information. This limitation includes damages to, or for any viruses that infect your computer equipment.

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America.  If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  A failure by myswimcoachonline.com to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.