Terms & Conditions

By clicking on the “I agree” at the time of purchase, You acknowledge and accept the Terms and Conditions of purchase set forth below and acknowledge that You have read and reviewed the Agreement and agree to all such Terms and Conditions, Privacy Policy (www.teachyourchildtoswim.com/privacy-policy/) and Disclaimer (www.teachyourchildtoswim.com/disclaimer/). These are legally binding agreements between You and Proswim NYC LLC (“Company”) owner and operator of the website www.teachyourchildtoswim.com and the Course and Digital Content, as outlined below.

 1. The Teach Your Child to Swim Online Video Course

The Teach Your Child to Swim Online Video Course or www.teachyourchildtoswim.com (“Course”) offers You the ability to view online and download digitized versions of the Course and other content ( “Digital Content”).
Once you have decided to purchase the Course, you are required to set up an account. You may then purchase the Course and Digital Content and thereafter your purchase through your account. All downloads are subject to this Agreement (www.teachyourchildtoswim.com/faqs/).

ALL SALES ARE FINAL. All sales of the Course and Digital Content are final at time of purchase. We do not accept returns. Each purchase of the Course and Digital Content shall be deemed a final, nonrefundable sale. Prices for the Course and Digital Content are subject to change without notice.

 2. Digital Content

THE COMPANY IS THE SOLE AND EXCLUSIVE OWNER OF THE COURSE, DIGITAL CONTENT AND WEBSITE WWW.TEACHYOURCHILDTOSWIM.COM. NO RIGHTS ARE TRANSFERRED TO YOU WHATSOEVER. THE COMPANY IS THE OWNER OF ALL RIGHTS TITLE AND INTEREST IN THE COURSE, DIGITAL CONTENT AND WEBSITE, INCLUDED ALL COPYRIGHTS AND TRADEMARKS.

a. Limited Rights Granted. Upon Your payment, the Company grants You a non-exclusive, non-transferable, non-sub license-able, limited right and limited license to download, and to retain a permanent downloaded copy to use the Digital Content for Your personal, non-commercial, entertainment use, and private use only subject to and in accordance with this Agreement.
You represent, warrant and agree that You will copy, store, transfer and burn the Digital Content only for Your personal, non-commercial, entertainment use. You may make copy on a DVD of Your purchased download so long as it is only for Your personal use and backup protection and You don’t change or convert the original downloads file type, content or file structure.

b. Restrictions. You represent, warrant and agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in Your use of the Digital Content.
You agree that You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer, or use the Digital Content.
You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You must not allow copying of the Course including, but not limited to, copying through file sharing networks. Do not re-transmit via email. Multiple use at the same address is allowed. You may not, and You will not encourage, assist or authorize any other person to, modify, reverse engineer, de-compile or disassemble, or otherwise tamper with, the Digital Content or the Unique Identifiers, whether in whole or in part, or create any derivative works from or of the Digital Content.

c. Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

d. Downloading Compatibility. You are responsible for making sure Your PC or other portable devices can receive and play our Digital Content and Course. The Company is not responsible for transmission problems affecting Your ability to download our files. In order to be able to download Digital Content from the Course and to view Digital Content from the Course, You will need to use a personal computer, portable media player, or other device that meets minimum system requirements that The Company may establish from time to time on the such websites.

e. Availability of Digital Content. Once You have purchased the Digital Content, we encourage You to download it promptly and to make back-up copies of it. If You are unable to complete a download after having reviewed our online Download FAQ’s help section, please contact the Company.
We may, from time to time, remove Digital Content from the Service without notice. While we endeavor to ensure that the information on this website about each download is correct, we do not warrant the accuracy and completeness of the content on this website. We may make changes to the content on this website, or to the products and prices described in it, at any time without further notice.

f. Risk of Loss. You bear all risk of loss after purchase and for any loss of Digital Content You have downloaded, including any loss due to a computer or hard drive crash.

g. License to Digital Content Downloads. Any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion or other use of the Permanent Downloads provided through the Course, including, without limitation, any use that requires a synchronization license with respect to the underlying Digital Content, is a violation of copyright law and expressly prohibited without the prior written consent the Company.

h. Represent of Use. In consideration of Your use of the Course, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also represent that all information about Yourself You provide to us through the Teach Your Child to Swim Online Video Course, including, without limitation, name, address, and credit card information is true, accurate, current and complete. We reserve the right to amend and change any of our terms and conditions without notice.

i. Content Availability. The Company may, from time to time, remove Permanent Downloads from the Course. If You plan to download Digital Content that You purchase, we encourage You to do so promptly after Your purchase. If You are unable to complete a download after having reviewed our online Download FAQ’s help section, please contact customer service at info@teachyourchildtoswim.com or contact@proswimnyc.com. Once You purchase Digital Content and we make the Digital Content available to You, You have the responsibility for completing the download. You assume all risk of loss of the Digital Content after downloading. In the event user loses a download from their computer they may re-download the purchased file, as long as it is still available, for a maximum of three (3) times including the original purchase.

 3. Reservation of Rights

Except for the rights explicitly granted to You in the Terms of Use, all right, title and interest in the Course and the Digital Content are reserved and retained by us. The Company does not transfer any right, title or interest in the Digital Content You purchased. You do not acquire any ownership rights in the Digital Content as a result of downloading any of our Digital Content. All title and intellectual property rights in and to the Course and any installation of the Course are owned by Gilda Dobrica and ProSwim NYC LLC . All rights reserved.

 4. General

a. Termination: If You violate any of the Terms & Conditions, Your limited license to the Digital Content will immediately terminate, and we may, in our discretion, immediately revoke Your access to the Course without notice to You and without refund of any fees. In such event, You must delete all copies of Digital Content that You have downloaded, and The Company shall have the right, without notice to You, to automatically discontinue Your access to Digital Content from the Course. The Company reserves the right to suspend, or discontinue the Teach Your Child to Swim Online Video Course, or any part thereof, at any time so long as a 90 day notice is given on the Company website, and the Company will not be liable to You should it exercise such rights, even if Your use of Digital Content is impacted by this action. Our failure to insist upon or enforce Your strict compliance with the Terms & Conditions will not constitute a waiver of any of our rights.

b. Amendments: The Company may amend any of the Terms & Conditions at our sole discretion by posting the revised terms on the Course’s website. Your continued use of the Course or the Digital Content after any such amendment’s effective date evidences Your agreement to be bound by it.

 5. Disclaimer

All purchasers, users and/or viewers of the Course and Digital Content recognize and acknowledge that such is for information purposes only and that if You and any other purchaser, user and/or viewer decides to engage in any swimming activities, You are doing so entirely at their own risk.
The Company, producer, creators and distributors of the Course and Digital Content shall be held free and harmless against all injury and liability which may result from acting upon any information provided in this Digital Content and Course.
Should any person engage in any swimming activity following their viewing of this Digital Content and the Course, such individual should recognize that conditioning, nutrition, proper techniques and safety procedures are extremely important to limit the possibility of sustaining any injury or incurring any other problem while engaging in such activity. By its nature, swimming in any water and at any depth, may be dangerous and be an unpredictable activity involving many risks of injury.
Any person engaging in such activity should understand that the dangers and risks include, but are not limited to drowning, death, serious injury or impairment to other aspects of one’s body, general health and well being. All participants in such activity should also recognize that the dangers and risks associated with swimming, may also result in the serious impairment of their future abilities to earn a living, to engage in other business, social and recreational activities and to beneficially enjoy other aspects of their life. By purchasing the Course and Digital Content You assume the risk associated with its use.

www.teachyourchildtoswim.com/disclaimer/

 6. Limitation of Liability

You expressly understand and agree that: The Company is not liable for any incidental, punitive, special or consequential damages of any kind arising from Your use of the Course and Digital Content, information, materials or products included therein or for any damages in excess of the amount paid for the Course and Digital Content giving rise to the applicable claim for damages. The Company shall use reasonable efforts to protect Your personal information submitted in connection with the Course as set forth in the Company’s Privacy Policy: www.teachyourchildtoswim.com/privacy-policy/. You acknowledge and agree that Your submission of any information is at Your sole risk and, to the maximum amount permitted by law, the Company disclaims any and all liability to You and loss or liability relating to such information in any way.

 7. Indemnification

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees and agents from and against all claims, demands, causes of action, losses, assessments, costs damages and expenses (including reasonable attorney fees) incurred by the Company that may be brought against the Company, arising out of or by virtue of or in any way relating to Your use of the Digital Content, Course or Site.

8. Taxes

You will be responsible for any applicable sales tax, use tax or any other governmental taxes or fees applicable to the Course and purchase of Digital Content.

9. Terms of Sale

This Terms of Sale will be governed by and construed in accordance with the laws of the State of New York and the Unites States of America, without giving effect to the conflict of law’s provisions of New York, or Your actual state, or country of residence. Any claim or controversy in any way arising out of or relating to this Terms of Sale will be filed in a court of competent jurisdiction sitting in New York County, New York and You consent to exclusive jurisdiction in that county.
Some jurisdictions do not allow the disclaimer of implied warranties, and in such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.