IMPORTANT PLEASE READ CAREFULLY
By accessing or using SwingView Pro Online (the Service), you agree to be bound by these Terms of Service (Terms) and any additional guidelines incorporated by reference. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By using the Service provided by Swing Technologies, Inc. (the Company), you represent that you have read, understood, and agree to be legally bound by these Terms. Your use of the Service signifies your acceptance of these Terms.
2. Description of the Service
SwingView Pro Online is a web application designed to provide sports instruction and a portal for instructors and students to share videos and collaborate. The Service is provided on an as is basis and may be updated or modified at any time without notice.
3. User Responsibilities
Compliance: You agree to use the Service in accordance with all applicable laws, regulations, and these Terms.
Account Security: If you create an account, you are responsible for maintaining the confidentiality of your login information and all activities under your account.
Prohibited Conduct: You agree not to misuse the Service or help anyone else do so, including but not limited to interfering with or disrupting the Service or servers/networks connected to the Service.
Content: You agree not to use the Service to submit, upload, post, transmit, or link to any content that is unlawful, defamatory, abusive, harassing, hateful, threatening, deceptive, or otherwise objectionable; that constitutes or promotes spam or unsolicited communications; that is likely to offend or harm others; that contains sexually explicit or adult material; that infringes or may infringe intellectual property or other proprietary rights; that discloses personal or confidential information of others without authorization; or that otherwise violates any applicable laws or regulations. You are solely responsible for all content you submit through the Service and for any consequences, damages, or harm resulting from such content or from your use of the Service.
4. Indemnification
You agree to indemnify, defend, and hold harmless Swing Technologies, Inc., its affiliates, subsidiaries, officers, directors, employees, agents, and licensors (collectively, Indemnified Parties) from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising out of or related to:
- Your use, misuse, or inability to use the Service;
- Any violation of these Terms;
- Your violation of any rights of a third party, including any intellectual property or privacy rights;
- Any other matter relating to your account or use of the Service.
This indemnification obligation applies regardless of whether any claim is based on warranty, contract, tort (including negligence), or any other legal theory.
5. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SWING TECHNOLOGIES, INC. DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
6. Limitation of Liability
IN NO EVENT SHALL SWING TECHNOLOGIES, INC. OR ANY OF ITS INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR USE, INCURRED DIRECTLY OR INDIRECTLY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU MAY HAVE PAID, IF ANY, FOR ACCESSING THE SERVICE.
7. Modifications to the Service and Terms
Swing Technologies, Inc. reserves the right to modify, suspend, or discontinue the Service at any time without prior notice. Similarly, the Company may update these Terms from time to time. Your continued use of the Service after any such modifications constitutes your acceptance of the new Terms.
8. Governing Law, Dispute Resolution, and Arbitration
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including any question regarding its existence, validity, or termination, shall be resolved exclusively by binding arbitration administered by an arbitrator selected at the sole discretion of Swing Technologies, Inc. You agree that all costs and expenses associated with the arbitration including, without limitation, any fees charged by the arbitrator shall be solely your responsibility, except as may be required by law.
Waiver of Class or Collective Action: You agree that any arbitration shall be limited to resolving disputes between Swing Technologies, Inc. and you on an individual basis, and you waive any right to participate in a class, consolidated, or representative action.
9. Privacy and Use of Personal and Aggregated Information
Collection and Use: The Service may collect personal information that you voluntarily provide, such as your name, email address, and other contact details. This information is used for account management, customer support, service improvements, and to communicate important information regarding the Service.
Aggregated Data: We may also collect aggregated, anonymized data on how the Service is used. This aggregated data is used for statistical analysis, research, and to improve the functionality and performance of the Service. No personally identifiable information will be included in such aggregated data.
Cookies and Tracking: The Service may use cookies and similar tracking technologies to enhance your experience, gather usage statistics, and deliver personalized content.
Privacy Policy: The collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to the practices described in our Privacy Policy.
Opt-Out: If you do not agree with the collection or use of your personal information as described, please refrain from using the Service.
10. Account Termination
Swing Technologies, Inc. reserves the right to terminate or cancel your user account at its sole discretion and for any reason, with or without notice. Termination of your account may result in the forfeiture of any data associated with your account, and you acknowledge that the Company shall not be liable for any such termination.
11. Entire Agreement
These Terms constitute the entire agreement between you and Swing Technologies, Inc. regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
12. Contact Information
If you have any questions about these Terms or the Service, please contact us at:
Swing Technologies, Inc.
Email: techsupport@swingtechnologies.com