Terms of Use & Privacy Policy

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials
   (information or software) on SwimSwam Partners, LLC’s web site for personal,
   non-commercial transitory viewing only. This is the grant of a license,
   not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on SwimSwam Partners, LLC’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by SwimSwam Partners, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on SwimSwam Partners, LLC’s web site are provided “as is”. SwimSwam Partners, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SwimSwam Partners, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall SwimSwam Partners, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on SwimSwam Partners, LLC’s Internet site, even if SwimSwam Partners, LLC or a SwimSwam Partners, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on SwimSwam Partners, LLC’s web site could include technical, typographical, or photographic errors. SwimSwam Partners, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. SwimSwam Partners, LLC may make changes to the materials contained on its web site at any time without notice. SwimSwam Partners, LLC does not, however, make any commitment to update the materials.

6. Links

SwimSwam Partners, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SwimSwam Partners, LLC of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

SwimSwam Partners, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to SwimSwam Partners, LLC’s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Swim Swam Partners LLC respects the privacy and confidentiality of its past, present and potential future clients. Any inquires made of Swim Swam Partners LLC via this Site and/or Service will be treated accordingly. We do not sell the information you provide about yourself to third-parties; we use the information you provide about yourself for internal use only.

Swim Swam Partners LLC respects the privacy of every individual who visits our website(s) (i.e., SwimSwam.com and VolleyMob.com) and/or purchases its Services. This Privacy Policy is our commitment to transparency in communicating how Swim Swam Partners LLC collects, uses, and discloses the information that is collected from you, the visitor of its website and/or customer as well as the choices you have with respect to the information.

SCOPE OF POLICY

This Privacy Policy applies to how we collect, use, and disclose information from the following individuals:

Customers – individuals who register, on their own or on behalf of an entity, to use Swim Swam Partners LLC Services with the creation or administration of a Swim Swam Partners LLC account.

Event/Marketing Participants – individuals who provide their information to Swim Swam Partners LLC when they subscribe to Swim Swam Partners LLC marketing materials or magazine,  participate in surveys or contests, or attend Swim Swam Partners LLC events.

Website Visitors – individuals who visit Swim Swam Partners LLC’s Website(s) and opt to provide contact information including an email address to receive communications from Swim Swam Partners LLC.

INFORMATION WE COLLECT

Customers

Swim Swam Partners LLC asks for your account information which includes your name, business name, email address, physical address, phone number, credit card (stored directly with a third party processor). By voluntarily providing Swim Swam Partners LLC with your account information, you represent that you own and consent to our use of such personal data.

Marketing Participants

Swim Swam Partners LLC may ask for your name, email address, physical address, and phone number. Participation in events, surveys, contests, or subscribing to marketing material is voluntary and you may choose whether or not to participate and therefore disclose this personal data.

Website Visitors

At your option, Swim Swam Partners LLC asks and may collect your name, email address, physical address, and phone number. In addition, we also collect information such as web server logs, internet protocol (IP) addresses, browser type, or other information as part of aggregated data.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Swim Swam Partners LLC uses cookies, beacons, tags, and other tracking technologies to gather demographic information about you, identify your visits to our Website, other interactions with our Website, and personalize your search experience on our Website. We gather information such as internet protocol (IP) addresses, internet service provider (ISP), operating system, browser type, date/time stamp, and store it in log files. To collect this information, a cookie, a standard feature of a website that allows us to store a small amount of data on your computer to allow our web servers to recognize you, may be set on your computer or device when you visit our Website. We may track your use across different websites and services. In some countries, including those in the European Economic Area (“EEA”), the information in this paragraph may be considered personal information under applicable data protection laws.

You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website. We may also use cookies and other tracking technologies to provide you advertising based on your browsing activities. You may opt out of targeted advertisements by visiting http://optout.networkadvertising.org, or if located in the EEA, you may opt out by visiting http://www.youronlinechoices.eu/.

COOKIES WE USE

****Do we want to include Functionality/Strictly necessary cookies as well or do we feel like that’s covered enough by “if you don’t like us using your info, don’t use the site” language??***

Please add any other sites below that are relevant that I missed.

HOW WE USE YOUR INFORMATION

Swim Swam Partners LLC uses the information it collects about you in the following ways:

To respond to any requests from you regarding sales, support or website performance.

To contact you regarding any agreements or accepted terms that you may have with Swim Swam Partners LLC for the Services.

To provide you with marketing emails, special offers, advertising campaigns, or newsletters.

To provide you with information logs associated with the use of Swim Swam Partners LLC’ Services.

To contact you regarding functionality changes to our Services or Website.

To develop new features and functionality to our Services and Website.

To collect payment and bill for our Services.

To help personalize searches.

To diagnose problems.

To find and prevent fraud.

To carry out other purposes as disclosed to you through the Website, or found in terms of an agreement between you and Swim Swam Partners LLC.

Process for other purposes for which we obtain your consent.

HOW WE SHARE INFORMATION

Swim Swam Partners LLC shares the information it collects about you in the following ways:

Third Party Providers – Swim Swam Partners LLC may share your information with third party providers that provide services on our behalf or resellers who provide Swim Swam Partners LLC Services. These companies may assist with marketing support, processing credit card payments, content delivery, email, providing sales leads, and customer support. Third party providers may only process personal information pursuant to Swim Swam Partners LLC’ instructions, and in compliance with the Privacy Policy and other applicable regulations.

Advertising – Based on the cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.

Business Transactions – To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).

Aggregated or De-identified Data – We may disclose or use aggregated or de-identified information with third party providers for research purposes relating to our Services.

As Required by Law or Similar Investigations – To comply with legal obligations (e.g. subpoena) or investigate potential legal violations.

Safety – We may disclose your information to protect and defend the safety of Swim Swam Partners LLC in connection with investigating and preventing fraud or security issues.

Consent – Swim Swam Partners LLC may share your information with your consent.

YOUR CHOICES

You may unsubscribe from receiving promotional or marketing emails from Swim Swam Partners LLC at any time by using the “unsubscribe” link in the email received, or by emailing us at  [email protected]. As outlined in the Section, Information We Collect, you can also control your cookie settings.

With respect to your account information, you may update, correct or delete information that you provided to us by logging into your Swim Swam Partners LLC account or contacting us at [email protected].

DATA RETENTION AND SECURITY

When Swim Swam Partners LLC no longer has a legitimate business need to process your personal information, or no longer has a need to keep your personal information for any legal, tax, or regulatory reason, we will either delete or anonymize it.

Swim Swam Partners LLC takes all reasonable steps to protect information received from you from loss, misuse or unauthorized access, disclosure, alteration, and/or destruction. We maintain technical, physical, and administrative safeguards to secure your information.Despite its use of encryption, Swim Swam Partners LLC cannot guarantee any method of transmission of information over the internet is 100% secure. If you have any questions about the security of your personal information, please contact us at [email protected]

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

For individuals in the EEA, Swim Swam Partners LLC’ legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. Swim Swam Partners LLC will process personal information from you where, a) we have your consent to do so, b) where processing is necessary for Swim Swam Partners LLC to perform Services pursuant to an agreement, or c) where processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information, or may otherwise need the personal information to protect your vital interests or those of another person. At any time, you have the right to withdraw or decline consent. If you do not provide the requested information, Swim Swam Partners LLC will not be able to perform Services for you. Also, you have the right to object where we rely on our legitimate interests to process your personal information.

INTERNATIONAL TRANSFERS

Swim Swam Partners LLC is a US company and stores your information in the U.S. Swim Swam Partners LLC may transfer your personal information to countries other than the country in which you live. Whenever Swim Swam Partners LLC transfers personal information originating from the EEA or Switzerland to other countries not deemed adequate under applicable data protection law, it will do so on the basis of the EU Standard Contractual Clauses.

DATA SUBJECT RIGHTS

Individuals located in the EEA may have additional statutory rights available to them with respect to their personal information, including the right to access your personal information, have it erased, have it corrected, or object to or restrict processing. If you would like to make such a request, please email [email protected] and we will respond within thirty (30) days. Swim Swam Partners LLC will need to verify that the individual is inquiring about his/her own information before we can assist with the request.

We will comply with such requests to the extent legally required by applicable law. For EU individuals, you also have the right to lodge a complaint with the supervisory authority.

CHILDREN

We do not knowingly collect information from or about children under 13 years of age.

CHANGES TO PRIVACY POLICY

Swim Swam Partners LLC reserves the right to modify this Privacy Policy at any time, however, should we change the Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. If you disagree with the changes, you may terminate your Services.

CONTACT US

If you have any questions or concerns over this Privacy Policy, or wish to exercise any of your statutory rights, please contact us at:

Swim Swam Partners LLC

9600 Escarpment Blvd., Suite 745-120

Austin, TX 78739

512-827-9040

You acknowledge and agree that Swim Swam Partners LLC may preserve your access and inquiry information and use that information if required by law or in a good faith belief that preservation, use or disclosure of such access and inquiry information is reasonably necessary to (a) comply with a legal process; (b) enforce this User Agreement, (c) respond to claims that any Materials violate the rights of third parties; (d) respond to requests for service; or (e) protect the rights, property or personal safety of Swim Swam Partners LLC, its users and the public.”

Access to this site or any of the associated domains, pages or sub-pages that are owned, controlled or operated by Swim Swam Partners LLC (the “Site”) or use of any information, recommendation, link, advertisement, (the “Service”) provided or inferred are subject to the terms and conditions of this User Agreement, the terms and conditions imposed by any linked sites not owned, controlled or operated by Swim Swam Partners LLC as well as any and all Copyright, Trademark, or other applicable laws and regulations. By accessing this Site or using its Services you unconditionally accept all of the terms of this User Agreement without modification or limitation.

At its sole discretion, Swim Swam Partners LLC hereby reserves the right to modify, expand or delete any of these terms and conditions and/or to add new terms and conditions at any time. Any such changes will be reflected by changes to this screen and require no other notice to users. The materials used and/or displayed on the Site and/or provided by the Service, including but not limited to text, source software, photographs and graphics of any kind, audio or video of any kind, and names, logos, trademarks and service marks, (“Materials”), are the property of Swim Swam Partners LLC or its affiliates or its licensors and are protected by copyright, trademark and other laws. Any such Material may be displayed solely for your personal use and not reused commercially. You agree not to, in whole or in part; copy, modify, reverse engineer, distribute, provide third party access, sell, or disseminate it in any way without the express written permission of Swim Swam Partners LLC.

THE SITE AND/OR SERVICE CONTAIN MATERIALS, INFORMATION, FACTS AND OPINIONS (“INFORMATION”) FROM VARIOUS INDIVIDUALS AND ORGANIZATIONS. THE SITE AND/OR SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Swim Swam Partners LLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY MATERIALS, INFORMATION, FACT, OPINION, ADVICE OR STATEMENT ON THE SITE AND/OR THE SERVICE WHICH IS PROVIDED BY ANY THIRD PARTY.

USE OF THE SITE AND/OR SERVICE IS AT YOUR OWN RISK. NEITHER Swim Swam Partners LLC NOR ITS EMPLOYEES, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, LICENSEES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF PUBLICATION, ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE AND/OR THE SERVICE OR THE MATERIALS OR THE INFORMATION AVAILABLE ON THE SITE AND/OR SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY MATERIALS OR INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Swim Swam Partners LLC AND ITS PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE MATERIALS OR INFORMATION AVAILABLE THEREON.

This User Agreement and any disputes arising out of or related to the Sites and/or the Service shall be governed by, construed and enforced in accordance with, the laws of the State of Texas.