Terms & Conditions

By using any website owned or operated by SwimStrong Dryland, LLC (“SSDL,” “we,” “us” or “our”) (collectively, the “Website”) and/or any of our fee-based digital products (collectively, the “SSDL Product”), you, on behalf of yourself, your club and your members who use the Website and SSDL Product, agree to the terms and conditions set forth below (this “Agreement”). We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time, and you should check this Agreement periodically for changes. By using the Website and/or SSDL Product after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Website or the SSDL Product. By using the Website and/or the SSDL Product, you agree to be legally bound and to abide by this Agreement just as if you had signed this Agreement.

1. License. The SSDL Product and SSDL Content (as defined in Section 3 below) are designed and intended for use by you for the benefit of your club and its member athletes. We grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided hereon and the SSDL Products that you subscribed to for you and the members of your club, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of this Website and/or SSDL Products. You understand that only you may use your user account and password, and that your membership to the SSDL Product may not be shared with others. You agree to be fully responsible for all usage or activity of any SSDL Product subscribed to by you.
2. Payment for the SSDL Product. Your access to the SSDL Product and certain content and features of the Website may vary depending on the subscription you purchase. Access to the SSDL Product will begin upon payment of the applicable subscription fee and continue for the initial term of the subscription for the SSDL Product (the “Subscription Term”). The Subscription Term shall automatically renew for the same period unless either we or you notify the other of cancellation prior to the expiration of the term. In addition to the subscription fees, you are responsible for all charges and fees associated with connecting to and using our Website and the SSDL Products, including without limitation all internet service provider fees, telephone and computer equipment, taxes and any other fees and charges necessary to access the SSDL Products. We reserve the right to increase the subscription fees, or to institute new charges or fees, at any time upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail). You will provide us with a valid and updated form of payment that is acceptable to us, and all payments to us shall be made in US Dollars. Subscription fees are not refundable.  You can cancel your subscription at any time by contacting us at swimstrongdryland@gmail.com. The cancellation of your subscription will go into effect at the end of your current billing period.  When your subscription ends, you will no longer have access to subscription features. You can resubscribe at the most current pricing at any time. More information on how we process your payment information can be found in our Privacy Policy.
3. Restrictions on Use. You may not use the Website or the SSDL Product for any purpose that is illegal or harmful, infringes the rights of others or restricts or inhibits the use of the Website and or/the SSDL Product by others. Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Website and/or the SSDL Product (collectively, the “SSDL Content”) are protected by copyright and owned, controlled or licensed by SSDL. You shall abide by all copyright notices, information or restrictions contained in any SSDL Content, and you shall not modify, copy, reproduce, hyperlink, download, transmit or distribute in any way without our express permission. Use of any robot, spider, other automatic device or manual process to monitor or copy the SSDL Content is strictly forbidden. All trademarks, service marks and trade names are proprietary to SSDL. We reserve the right to suspend or terminate your access to the Website and/or SSDL Product for any lawful purpose in our sole discretion, including, without limitation, your actual or threatened violation of this Agreement.
4. Ownership & Content. In this Agreement, “Content” means any content created, shared, posted, or made available in connection with the SSDL Product, such as text, images, videos, audio, routes, segments, or other data, whether posted or shared publicly, privately, or via a third-party API. You will remain the owner of intellectual property rights (such as copyright) in your Content.   You agree and confirm that: you own all Content shared, posted or made available by you in connection with SSDL Product, or that you have the legal right to use such Content; your sharing, posting, or use of Content does not violate, misappropriate, or infringe on any rights of a third party, including (without limitation) privacy rights,  publicity rights, copyrights, or other intellectual property rights; and you will be fully responsible for all royalties, fees, and any other obligations in connection with any Content you share, post, or use in connection with SSDL Product; and your relationship with SSDL is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place SSDL in a position that is any different from the position held by members of the general public, including with regard to your Content.  If you believe any Content available on SSDL Product violates your intellectual property rights, please contact us.
5. Content License.  To provide the SSDL Product, we need permission to use your Content.  You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any of your Content and any name, username or likeness that you post on or in connection with SSDL Product in all media formats and channels now known or later developed, without compensation to you. This includes permission to use your profile name, profile photo, and information about your activities, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts.  We will use your Content as set out in our Privacy Policy.  This license ends when your Content is deleted from SSDL’s systems.  You agree and confirm that you are able to give SSDL any licenses, rights, or other permissions set out in this Agreement.
6. Feedback.  You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding SSDL Product and the information and services we make available through SSDL Product (collectively, “Feedback”). If you provide Feedback, you grant SSDL a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, do not send SSDL any Feedback if you do not want to give us the license set out in this section. For the avoidance of any doubt, Feedback is not considered Content for the purposes of Section 5 (License).
7. SSDL Product Mobile Application. We grant you a revocable, nonexclusive, non-transferable, and limited license to install and use the application (the “App”) and the SSDL Product.  The license granted to you when using the App is limited to a non-transferable license on a device that utilizes either of the mobile platforms, as applicable, in accordance with the usage rules set forth in the applicable mobile platform’s terms of service and any other applicable documents.  It is known that we are responsible for providing any maintenance and support services with respect to the App in regard to updates made by the mobile platform and in its day-to-day use.  Any refund requests made by you from purchases made on the App must be requested on the mobile platform in accordance with its refund policy. We cannot, on the SSDL website, assist in any refund request for payments made on the App. You verify that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties.  You must comply with applicable 3rd party agreements that are used in combination with your wireless plan, network connection, or any other data service or device agreement.  You acknowledge that the mobile platforms used in connection with the App are 3rd party beneficiaries in regard to this Agreement and that each mobile platform will have the right to enforce its terms and conditions regarding your access and activities when using the App.
8. Third Party Content. Any reference made by the Website or SSDL Product to any third party product or service is provided for informational purposes only and does not constitute or imply our endorsement or recommendation. Any opinions, advice, statements or other information expressed in third party content included in, on or through the Website or SSDL Product are those of the respective author or distributor and do not necessarily state or reflect those of SSDL. To the extent that the Website or SSDL Product contains links to outside services and resources, we do not control the availability and content of those outside services and resources.
9. Minors and Children Under the Age of 13.  If any user is a minor in the jurisdiction where they reside, they must obtain permission from their parent or guardian to use the SSDL Product. If a minor accesses the SSDL Product, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the App and access the SSDL Product.  If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained permission and verifiable parental consent to use the website.
10. Termination.  SSDL may terminate or suspend your use of the SSDL Product for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the SSDL Product will cease immediately. If you wish to terminate your relationship with us, such termination can be made by simply discontinuing your use of the SSDL Product and cancelling your subscription.
11. Limitation of Liability; Disclaimers. THE SSDL CONTENT, WEBSITE AND SSDL PRODUCT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SSDL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SSDL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AND SSDL PRODUCT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SSDL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SSDL CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SSDL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
    ALL SSDL PRODUCT AND SSDL CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL OR TO PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. SSDL DOES NOT PROVIDE CLINICAL SERVICES, AND SSDL EMPLOYEES AND REPRESENTATIVES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY. SSDL, TOGETHER WITH ITS EMPLOYEES AND AGENTS, SOLELY PROVIDE INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES.
    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SSDL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SSDL CONTENT, THE WEBSITE OR THE SSDL PRODUCT, EVEN IF SSDL OR AN SSDL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SSDL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR SSDL PRODUCT.
12. Indemnification. You agree to indemnify, defend and hold SSDL harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation or alleged violation of this Agreement or use of the Website and/or SSDL Product.
13. Claims of Infringement.  The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SSDL infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the SSDL Product are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SSDL to locate the material on the SSDL Product; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (see 17 U.S.C 512(c)(3) for further detail).  Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services.
14. International Users. We control, operate and administer the Website and the SSDL Product from our offices within the United States of America. We makes no representation or warranty that the materials contained within the Website and the SSDL Product are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through the Website and/or SSDL Product are illegal is prohibited. You may not use the Website or SSDL Product or export the Website or SSDL Product in violation of US export laws and regulations. If you access the Website or SSDL Product from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
15. Privacy Policy.  Your access to and use of the SSDL Product is conditional upon your acceptance of our Privacy Policy. Our Privacy Policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights.  We maintain the right to store certain data that you have transmitted by the use of the SSDL Product. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the SSDL Product. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.
16. Governing Law; Jurisdiction. All users, including those users who access the Website and/or the SSDL Product from a country other than the United States, agree that the federal laws of the United States and the state laws of the Commonwealth of Pennsylvania shall govern any dispute, including those arising from our use of personal information or otherwise relating to privacy, as specified in the Privacy Policy. These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or US federal courts located in Philadelphia, Pennsylvania and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Website and this Agreement must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This Agreement shall not be modified except as provided herein or in writing, signed by SSDL.
17. Notices. All notices required or permitted to be given under this Agreement must be in writing. We may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. You shall give any notice to SSDL by means of U.S. mail, postage prepaid, to SwimStrong Dryland, LLC, at the address set forth in your club’s agreement with SSDL, Attn: President. Such notice to SSDL shall be effective upon receipt.
18. California Users.  If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in any of the following methods: Mail – 1625 North Market Blvd, Suite N 112, Sacramento, California 95834; Telephone – (800) 952-5210 or (916) 445-1254.
19. Miscellaneous. This Agreement is between you and SSDL and is not intended to benefit any third party; no third party, including any athlete, club member, coach or other person with whom you share the SSDL Content, shall be entitled to enforce this Agreement. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the President of SSDL in order to be effective. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.