Terms & Conditions | My Swim Buddy

Policies & Procedures

Lesson Make-Up Policy: If an unforeseen circumstance occurs, such as an illness or injury and you cannot make your scheduled lesson time or day, you may utilize one of the following options:

You can gift your lesson to a friend, sibling, neighbor, or even yourself as long as the swimmer is registered and completes all of the documents we require, including a Liability Waiver.

Registration link: Create a My Swim Buddy Family & Student Account.
- Trade your lessons in the Lesson Swap Group:
  
  Click here to join the Lesson Swap Group

Consistency in your swimmer’s lesson attendance increases their progress and ability to reach their milestones most efficiently. We encourage you to make every effort to attend your scheduled lesson times to support their success.

My Swim Buddy cannot credit or pro-rate your account or issue refunds for any missed lessons.

Inclement Weather Policy: Rain does not cancel a lesson! My Swim Buddy conducts lessons in the rain so please plan to swim in the rain. If this is a concern please avoid booking in the colder season because for us to reserve our teachers for your lessons we can not stray from this policy and must commit to the schedule you sign up for, rain or shine.

Lighting or hail do cancel a lesson. My Swim Buddy will reschedule your lesson for a later date. My Swim Buddy must initiate the cancellation for a rescheduled date to be provided. Do not assume a lesson is canceled due to the elements. My Swim Buddy will contact you and confirm the cancellation as soon as possible.

Late Policy: Your reserved day/time slot(s) will be the time frame you have booked online. For example, if you reserve from 4:00 pm to 4:15 pm and you arrive at 4:05 pm, your lesson will still end promptly at 4:15 pm. The time frame before and after your lesson is allotted for other swimmers.

Annual Registration Fee: A $35 Annual Registration Fee is an annual fee billed to your account. Your registration fee will be due each year. Through your registration, we are here to guide you in signing up for the correct programs and matching you to the best and most appropriate teacher for your needs.
We also provide rewards for all of our swimmers throughout their progress and time swimming with us. Your registration plays a significant role in helping us provide these rewards to our swimmers.

Booking & Teacher: We understand the value of keeping our swimmers with the same teacher whenever possible and appropriate. We do our best to provide this opportunity when possible. We also know that life happens and we can not guarantee this. Please keep in mind that it is the session, date, and or time that is being reserved and not the teacher.

30-Day Cancellation Policy

Prepaid Intensive Packages: Cancellation requests must be submitted through Captyn at least 30 days before the first day of the lesson start date for the package you are requesting reimbursement for.
If your request meets the above criteria, you will be refunded your pre-purchased lesson package fee minus 10%. This amount covers merchant fees, the re-opening of that class/day/time slot on our booking software, and all other related costs accrued. The annual registration fee of $35.00 will not be included in any refund.

* Requests that are submitted under 30 days will not be approved.

Perpetual Memberships: To cancel your perpetual membership, please submit a cancelation request through Captyn at least 30 days prior to your desired end date. Tuition is billed monthly on the 1st of each month. If your requested end date occurs in the middle of the month, your final month’s tuition amount will be prorated accordingly.

* Requests that are submitted outside of these parameters will not be approved.

30-Day Reschedule Policy

Membership & Prepaid Intensive Packages

Transfer requests for enrollments will be considered and processed based on the availability of current class openings and the priority of the client waitlist, whenever feasible.
Transfer requests must be made through Captyn as a request to move your class.
If the client requests more than one reschedule or requires customer support to rebook, then a $25 administrative fee will be applied.
If a client is issued an account credit, they will have one calendar year to use their account credit.
No refund will be issued for any account credits not used.
Clients will not be refunded/compensated for the loss of class for a reschedule. An example would be losing a class because you reschedule to a day in a session that falls on a holiday.
All reschedules are subject to available and existing open days and time slots.

Merchandise Return and Refund Policy

Any merchandise that is purchased and unworn, unused, unopened, and not tampered with can be returned within 30 days of purchase minus a 25% restocking fee.
After 30 days or in a condition that prevents us from restocking the merchandise and selling it as new is not permitted.

Gift Certificate Terms and Conditions

My Swim Buddy gift certificates may be used to purchase goods and services at My Swim Buddy until the full balance is used. The gift certificate has no cash value; except as required by law, it is not redeemable for cash. Any resale is strictly prohibited. Gift certificate purchases are non-refundable.

Holidays

*My Swim Buddy will be closed on the following holidays (Easter, Memorial Day, Independence Day, Labor Day, Halloween, Thanksgiving, Christmas, and New Year). Some holiday breaks are for more than one day and are listed on the website under schedule. If your schedule for your session includes one or more of these Holidays your session cost will be adjusted to accommodate the reduction of these day(s) of instruction.

Billing Terms:

Perpetual Memberships

*When registering for the current month, the cost of the current month is billed at the time of booking along with the registration fee. If you are registering for a future month, the tuition will be billed on the first of that month.

*For the duration of your membership you are committing to the same day(s) and time(s)

Intensives

*You are committing to the same day/s and time/s for the duration of your intensive.

*The cost of the intensive is billed at the time of booking along with the registration fee.

Effective: January 1, 2019

1. Our Terms

1.1.
IMPORTANT — THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR”) AND MSB AQUATICS, LLC (HEREINAFTER “MSB AQUATICS, LLC,” “WE”, “US” OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF WWW.MSBAQUATICS.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY MSB AQUATICS (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY MSB AQUATICS SOFTWARE, INCLUDING ANY MSB AQUATICS MOBILE APPLICATIONS (THE “APP(S)”) OR OTHER SERVICES OFFERED BY MSB AQUATICS, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME A (COLLECTIVELY, THE WEBSITE(S), APP(S) AND SERVICES ARE REFERRED TO AS “SERVICE(S)”).

1.2
IF YOU ARE A UNITED STATES RESIDENT AND HAVE NOT CANCELLED A MSB AQUATICS MEMBERSHIP IN THE PRECEDING SIX (6) MONTHS, YOU MAY SUBSCRIBE TO MSB AQUATICS MEMBERSHIPS. AS A MSB AQUATICS MEMBER YOU WILL HAVE THE OPPORTUNITY TO SAVE ON PRICING FOR WEEKLY LESSONS, AND YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS SET BY YOUR MEMBERSHIP AT MSB AQUATICS THEN-CURRENT SUBSCRIPTION FEES FOR SUCH SERVICES UNLESS YOU OPT-OUT OF THE AUTO-RENEWAL OR TERMINATE YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS HEREIN.

1.3.
Which terms will govern you? DEPENDING UPON THE JURISDICTION IN WHICH YOU ARE LOCATED, DIFFERENT TERMS THROUGHOUT THIS DOCUMENT WILL APPLY TO YOU. FOR EXAMPLE, IF YOU ARE A USER LOCATED WITHIN THE UNITED STATES OR CANADA ACCESSING THE SERVICE(S), THE MANDATORY ARBITRATION LANGUAGE INCLUDED IN SECTION 14.6 BELOW WILL APPLY. ADDITIONALLY, IF YOU ARE A MSB AQUATICS MEMBER, YOU SHOULD LOG INTO YOUR ACCOUNT AND REVIEW THE TERMS OF USE MADE AVAILABLE WITHIN YOUR ACCOUNT FOR ANY SPECIFIC CANCELLATION TERMS.

1.4.
Why should you read these Terms? These terms create a legally binding agreement between you and us. By accessing or using the Site, you are accepting this Agreement and agreeing to use the Services in accordance with the terms and conditions in this Agreement. Some of our Services may have additional rules, policies, and procedures. Where such additional terms apply, we will make them available for you. A copy of these Terms and Conditions may be downloaded, saved, and printed for your reference.

1.5.
You confirm that you can enter the Agreement. As a condition of your use of the Services, you confirm and warrant to us that you meet the eligibility requirements set out in Section 4.3 and have the right, authority, and capacity to enter into these terms or, if you are under the age of majority in your jurisdiction of residence, you have obtained the consent of your parent or legal guardian to this Agreement.

1.6.
Which provisions of the terms should you pay particular attention to? The key terms that you should consider in particular detail are: 3. Changes to the Site and these Terms; 8. Purchases, Payments, Cancellation, and Rescheduling; 10. Our responsibility for loss or damage; and 12. Account Suspension or Termination.

1.7.
What to do if you don’t want to accept these terms? If you do not agree with all of the provisions of these terms, do not access and/or use the Services.

2. Information about MSB Aquatics, LLC and contact details

2.1.
Who we are. MSB Aquatics, LLC (DBA: My Swim Buddy) is a company registered in California, USA.

2.2.
Where we are based. We are based out of Prosper, TX. Our mailing address is 3311 Preston Hills Circle Drive, Prosper, TX 75078.

2.3.
How to contact us. You can contact us by writing to us at 3311 Preston Hills Circle, Prosper, TX 75078, or by calling us at (469-253-7712).

2.4.
How we may contact you. If we have to contact you we may do so by telephone or by email to the number and/or address you provided when you registered for an Account.

2.5.
Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receive communications from MSB Aquatics by email.

3. Changes to the Site and these Terms

3.1.
Small changes. We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by MSB Aquatics at any time. Those changes will go into effect on the effective date shown in the revised agreement. If we change this Agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s) and sending an email notice to you using the contact information provided by you. Therefore, you agree to keep your contact information up-to-date and that notice sent to the last email address you provided shall be considered effective. We also encourage you to check this Agreement from time to time to see if it has been updated.

3.2.
More significant changes. In addition, we may make more significant changes to the Site and/or these Terms, but if we do so and these changes materially or adversely impact your rights or use of the Site, we will notify you by email of such changes using the contact information provided by you. We may require you to provide consent to the updated agreement before further use of the Services is permitted. By continuing to use any Services after the new effective date, you agree to be bound by such changes. If the modified terms are not acceptable to you, please cease using the Services.

4. Service Description and Participation/Account Creation/Eligibility/Referrals and Promotions

4.1.
Service Description and Participation. MSB Aquatics provides an online platform that allows individuals to make purchases of MSB Aquatics branded merchandise, and connects our certified and trained instructors (“Instructors”) with individuals (“Individual Customers”) or businesses (“Corporate Customers”) that want to purchase and/or receive swim lessons, together herein referred to as (“Customers”). As a user of the Services (including an Instructor or a Customer), you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete, including with regard to payment information. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, from time to time, and to the maximum extent permitted by law: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or annual basis) for membership renewals, (iii) if necessary, obtain updates from card issuers for cards provided to us, (iv) if necessary, bill you, in a prorated manner (including with regard to cancellation of Services, for which you may not be entitled to a full or complete refund), in accordance with the particular fee terms for the Service you are purchasing when a recurring basis transaction is at issue, and (v) if necessary (and applicable) bill your mobile carrier or others via a mobile application if you authorize us to do so. You understand that any personal information you provide will be treated in accordance with MSB Aquatics Privacy Policy available https://www.msbaquatics.com/legal/privacy.

4.2.
Account Creation. In order to access certain features of the Website and Apps and to use certain Services, you may be required to register to create an account (“Account”). In connection with setting up your Account with MSB Aquatics, we may supply you with a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and user identification. You agree to immediately notify MSB Aquatics of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason, by calling Soothe at 1-469-253-7712.

4.3.
Eligibility. Persons under 13 are prohibited from providing personal information on our Websites or via our Apps. If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the involvement of your parent or guardian. Make sure that you review these terms with your parent or guardian so that you both understand all your rights and responsibilities. If you are under the age of majority in your jurisdiction of residence, you represent and warrant that you have obtained the consent of your parent or legal guardian to this Agreement.

4.4
Referral Credits. We offer credits for referring new users. To qualify for a referral credit, you must refer a new user who establishes a MSB Aquatics account and reserves and completes a service within ninety (90) days of signing up for an account. Please note that referral credits are given for the purpose of attracting brand new users to MSB Aquatics. You may earn only one referral bonus per new user referred, and the value of your referral bonuses may not exceed one thousand five hundred dollars ($1,500).

4.5
Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Each benefit may only be redeemed once per account. Promo Codes for duplicate benefits will be voided. Only Promo Codes sent to you through official MSB Aquatics communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.

4.6
Reservation of Rights. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine or form a suspicion that the use or redemption of the Promo Code or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account to purchase Services, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services.

4.7
Promotional Discounts. From time to time, MSB Aquatics may offer promotional discounts in the form of lesson credits when you purchase a lesson series and/or subscribe to MSB Aquatics membership offering. Such promotional discounts may only be available in certain jurisdictions. You must purchase the promotional discount before the expiration of the promotional discount period or subscription period, but your credits may be used at any time. A limited quantity of promotional discounts may be available during any single promotional period. Promotional discounts are nontransferable, nonrefundable, not for resale, and not redeemable for cash or gift cards. Promotional discounts are good only for massage credits. Additional terms and conditions may apply and will be made available to you during any promotional discount period.

5. Gift Cards – for specific terms relating to MSB Aquatics gift cards, please call 469-253-7712.

6. Acceptable Use

6.1.
You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to MSB Aquatics.

6.2.
If you are an Instructor or Customer, you agree not to attempt to contact each other directly about the Services outside of the Services, or otherwise circumvent your relationship with MSB Aquatics.

6.3.
When you use the Services, you agree that you will not:

(a) violate this Agreement or any MSB Aquatics rules regarding use of the Services;
(b) violate any law or regulation;
(c) breach any agreements you enter into with any third parties;
(d) violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
(e) engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;
(f) stalk, harass, or harm another individual;
(g) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or in connection with MSB Aquatics;
(h) impersonate any person or entity or perform any other similar fraudulent activity;
(i) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;
(j) collect, distribute or gather personal or aggregate information, including Internet, e-mail or other electronic addresses, about MSB Aquatics customers or other users;
(k) upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
(l) use any means to scrape or crawl any Web pages or Content contained in the Websites or Apps (although Soothe may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and MSB Aquatics reserves the right to revoke these exceptions either generally or in specific cases);
(m) attempt to circumvent any technological measure implemented by MSB Aquatics or any of MSB Aquatics providers or any other third party (including another user) to protect the Websites or Apps; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or
(n) advocate, encourage, or assist any third party in doing any of the foregoing.

7. Mobile Application License

7.1.
Subject at all times to this Agreement, if you elect to download the App, the following also applies: MSB Aquatics grants you a license to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the license is:

(a) revocable – we have the right to remove your ability to use the App in accordance with these Terms;
(b) non-exclusive – other people can access and use the App;
(c) non-transferable – you can’t pass this right to someone else or sublicense the license; and
(d) limited – the license does not extend beyond what has just been described above.

7.2.
Furthermore, with respect to any App accessed through or downloaded from an App Store such as Google Play or the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the App from a third party App Store is also subject to the provisions of Section 11.

8. Purchases, Payments, Cancellation and Rescheduling

8.1.
Pricing and Fees. In addition to the Services, we provide certain products for sale on our Website. If you wish to purchase any products or services through the Website (“Products”), you will be required to supply certain information applicable to your purchase, including payment, billing, contact, and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. The price of the product or service will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price and payment terms advised to you is correct. However please see Section 8.2 for what happens if we discover an error in the price of your order. All payments, including with respect to cancelled Services or returned Products, shall be subject to the terms set forth in Section 4.1 above.

8.2.
Product Descriptions. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service.

8.3.
When you must pay and how you must pay. You agree to pay all charges incurred by you or any users of your Account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Customers must provide MSB Aquatics with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or any other payment or financial mechanism specified by MSB Aquatics (“Payment Provider”) as a condition to making any payments. Instructors must support the use of the Payment Providers and provide MSB Aquatics with valid bank account information (e.g. account and routing number) as a condition to receiving any payments. The Customer’s Payment Provider agreement governs its use of the designated credit or debit card or other mechanism, and the Customer should refer to that agreement and not this Agreement to determine its rights and liabilities. MSB Aquatics uses MINDBODY Processing as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By paying for the Services, you agree to be bound by Mindbody Processing Privacy Policy: https://www.mindbodyonline.com/privacy-policy and hereby consent and authorize us and MINDBODY Processing to share any information and payment instructions you provide with Payment Provider(s) to the minimum extent required to complete your transactions. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive. While you may cancel your Service at any time, you may not be eligible for a full refund (or for a prorated refund) depending upon the terms relating to your Service found in the applicable order pages, to the maximum extent permitted by law.

8.4.
Automatic Renewal. If you subscribe to a My Swim Buddy Membership, your monthly (every 4 weeks) subscription will continue indefinitely until terminated in accordance with this Agreement. After your first month (4weeks), as a My Swim Buddy member, and again after any subsequent month (4weeks), your subscription will automatically commence on the first day following the end of such period and continue for an additional month (4weeks), at My Swim Buddy’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription by emailing support@msbaquatics.com.

8.5.
You may cancel your subscription at any time. If you cancel your subscription, your subscription will terminate immediately following such cancellation, and will not be renewed. Following termination of your subscription, you are not entitled to any discounts that were in effect during your subscription term, but you may continue to use any credits you have accumulated prior to termination; such credits will not expire. However, to the maximum extent permitted by applicable law, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize MSB Aquatics to charge your payment provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if MSB Aquatics does not receive payment from your designated payment provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that MSB Aquatics may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

8.6.
Shipments. MSB Aquatics currently only ships products to addresses within the 48 contiguous United States. When you place an order, we will confirm your address by sending an email to the email address you provided when you placed your order. Your placement of an order through our Website is an offer to purchase the products and/or services ordered and we may accept your order by processing your payment and shipping the products or making available your purchased services. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your order or any part of your order. No order will be considered accepted by MSB Aquatics until the product(s) has been shipped or service(s) made available. If some of the products in your order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline to accept your order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

8.7.
Returns. A Product is deemed irrevocably accepted upon your use of the Product. You may return purchased products that have not been opened or used within thirty (30) days for a refund of the purchase price for such returned product. You will be responsible for all shipping and handling charges in connection with any return.

8.8.
What happens if we got the price wrong?. It is always possible that, despite our best efforts, some of the Services may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

8.9.
What if I think I was charged incorrectly. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: hi@msbaquatics.com.

8.10.
What if I need to reschedule or cancel my appointment. If you are an Instructor or Customer, you agree to MSB Aquatics cancellation and rescheduling policy and the associated charges and payments, the terms of which are located here https://www.msbaquatics.com.

9. Ownership & Copyright

9.1.
Ownership. The parties agree that all proprietary rights in the Services are and will remain the property of MSB Aquatics. This includes non-personally identifiable aggregate data collected by MSB Aquatics in connection with providing the Services, including usage statistics and traffic patterns, any and all rights, title and interest to which are hereby assigned to MSB Aquatics by you.

9.2.
Copyright Restrictions.

(a) The Websites and Apps, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“Content”), are copyrighted under U.S. copyright, trademark and other laws by MSB Aquatics or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps or elsewhere. You may not delete any legal or proprietary notices in the Websites, Apps or elsewhere.
(b) Except as noted in Section 7 above: (1) the Websites and Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored or modified; and (2) except to the extent permitted by applicable law, you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites, Apps or any Content or components that are available on the Websites or Apps.
(c) You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. MSB Aquatics reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under MSB Aquatics and/or any third party’s intellectual property rights. Notwithstanding anything herein to the contrary, MSB Aquatics may revoke any of the foregoing rights and/or your access to the Services, including the App, or any part thereof, at any time without prior notice.

9.3.
Copyright Permission. Permission is granted for viewing the Website pages and Content on the Internet and via the Apps for your own informational purposes, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites or Apps, the information, including any Content, data or files incorporated in or generated by the Websites or Apps are owned by MSB Aquatics and MSB Aquatics retains complete title to the information and all property rights therein. All other rights are reserved. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution, is strictly prohibited except with the prior written permission of MSB Aquatics. To obtain written consent for such reproduction, please contact us at support@msbaquatics.com

9.4.
Content License. As part of the Services, we may, if our sole discretion, permit you to post, upload, publish, submit or transmit certain content (“Your Materials”). We may also post a photograph or other visual likeness of you (“Your Image”). By making available any of Your Materials on or through the Services or if we make available Your Image on or through the Services, you (i) hereby grant to My Swim Buddy the right to use Your Materials and Your Image as necessary to provide the Services, promote the Services and improve the Services, and (ii) waive any and all moral rights that you may have in and to Your Materials and Your Image with respect to these uses. My Swim Buddy does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. If you do not want to grant us permission to use Your Material or Your Image in accordance with this Agreement, please do not post, upload, publish, submit or transmit Your Materials or Your Image.

9.5.
Copyright Policy. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Soothe (or, the Therapist or Customer as applicable) the rights in Your Materials, as contemplated under this Agreement; and (2) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or Soothe’s (or, the Therapist’s or Customer’s as applicable) use of Your Materials or Your Image (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9.6.
Trademarks/Use of Name or Brand. All Content, product names, trademarks, service marks and logos appearing as part of the Services, unless otherwise noted, are wholly owned or validly licensed by MSB Aquatics. Trademarks, service marks and logos owned by third parties remain the property of such third parties.

9.4.
Content License. As part of the Services, we may, if our sole discretion, permit you to post, upload, publish, submit or transmit certain content (“Your Materials”). We may also post a photograph or other visual likeness of you (“Your Image”). By making available any of Your Materials on or through the Services or if we make available Your Image on or through the Services, you (i) hereby grant to MSB Aquatics the right to use Your Materials and Your Image as necessary to provide the Services, promote the Services and improve the Services, and (ii) waive any and all moral rights that you may have in and to Your Materials and Your Image with respect to these uses. MSB Aquatics does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. If you do not want to grant us permission to use Your Material or Your Image in accordance with this Agreement, please do not post, upload, publish, submit or transmit Your Materials or Your Image.

9.5.
Copyright Policy. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to MSB Aquatics (or, the Instructor or Customer as applicable) the rights in Your Materials, as contemplated under this Agreement; and (2) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or MSB Aquatis’s’s (or, the Instructor’s or Customer’s as applicable) use of Your Materials or Your Image (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any student, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9.7.
Feedback. If you submit any ideas, suggestions or testimonials “Feedback” to MSB Aquatics, you hereby transfer to us all rights in such Feedback without charge. You also agree that MSB Aquatics shall have the right to use and fully exploit such Feedback in any manner that we consider appropriate, including posting on the Internet. Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You may only submit ideas and material if you have obtained appropriate copyright and other permission to submit such materials and to permit MSB Aquatics to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.

10 Our Responsibility for Loss or Damage

TO INDIVIDUAL CUSTOMERS

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

10.1.
THE SITE IS NOT BESPOKE TO YOU. YOU ACKNOWLEDGE THAT THE SITE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE SITE MEET YOUR REQUIREMENTS.

10.2.
WE ARE RESPONSIBLE TO YOU ONLY FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREAKING THESE TERMS OR OUR FAILURE TO USE REASONABLE CARE AND SKILL, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THESE TERMS ARE ENTERED INTO AND BOTH WE AND YOU KNEW IT MIGHT HAPPEN.

10.3.
NO LIABILITY FOR DAMAGE CAUSED BY UNAUTHORISED ACCESS. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF UNAUTHORISED ACCESS TO YOUR ACCOUNT WHICH IS NOT WITHIN OUR REASONABLE CONTROL.

TO CORPORATE CUSTOMERS AND INSTRUCTORS

10.4.
LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT MSB AQUATICS, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR: (A) ANY LOSS OF PROFITS; (B) ANY INDIRECT OR CONSEQUENTIAL LOSS; OR (C) TO THE EXTENT THAT YOU EXPERIENCE ANY LOSS OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, INTERACTIONS WITH INSTRUCTOR(S) OR OTHER CUSTOMERS.

10.5.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MSB AQUATICS, ITS AFFILIATES, AGENTS, CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS, FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT.

TO INDIVIDUAL CUSTOMERS, CORPORATE CUSTOMERS AND INSTRUCTORS

10.6.
LIABILITY CAP. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MSB AQUATICS, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTION WITH ANY INSTRUCTOR(S) OR OTHER CUSTOMER(S), ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT RECEIVED BY MSB AQUATICS FROM YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100.

10.7.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

10.8.
WHAT WE DO NOT EXCLUDE. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

(a) DEATH OR PERSONAL INJURY RESULTING SOLELY FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS;
(b) FRAUD OR FRAUDULENT MISREPRESENTATION;
(c) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

11. Third Party Links & App Store

11.1.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Site contains links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. MSB Aquatics does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms.

11.2.
App Store. When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 7):

(a) Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
(b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between MSB Aquatics and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MSB Aquatics
(d) You and we acknowledge that, as between MSB Aquatics and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
(e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between MSB Aquatics and the App Store Owner, MSB Aquatics, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) You represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

12. Account Suspension or Termination

12.1.
When we might suspend or terminate your Account or Site access. We may, subject to applicable law, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement and/or your access to the Services, and (b) deactivate or cancel your Account.

12.2.
What happens when these Terms terminate? Upon termination we will promptly pay you any amounts that we reasonably determine we owe you (if any) in our discretion. In the event MSB Aquatics terminates this Agreement or your access to the Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder.

12.3.
Your right to cancel your Account. You may cancel your Account at any time by contacting us at the contact information set out in Section 2. Please note that if your Account is cancelled, we do not have any obligation to delete or return to you any of Your Materials that you have posted to the Services, including, but not limited to, any reviews or Feedback, nor, to the maximum extent permitted by applicable law, are we obligated to refund you any prepaid payments for the Services you have made on your Account.

12.4.
Our right to cancel. If we terminate this Agreement and/or your access to the Services as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.

13. Reporting Complaints or Concerns

13.1.
Contacting MSB Aquatics. To the extent you have any complaints or concerns that arise relating to your Services, including those relating to an Instructor or Customer, immediately contact MSB Aquatics at support@msbaquatics.com, or by calling the Trust & Safety Team at 469-253-7712 (US). For emergencies, including with regard to personal safety, please dial 911 and/or contact your local law enforcement.

13.2.
Investigating Complaints. During the course of investigating complaints and concerns, we may suspend your Account or Site access, consistent with Section 12 above. Upon completion of the investigation, MSB Aquatics may terminate your Account subject to the terms set forth in Section 12 above.

14. Other Important Terms

14.1.
Privacy Policy. Please refer to our Privacy Policy https://www.msbaquatics.com for more information on the manner in which MSB Aquatics collects, uses, discloses and otherwise treats your personal information. The Privacy Policy is fully incorporated herein by reference.

14.2.
Anti-Spam. MSB Aquatics prohibits the sending of unsolicited email or text messages (spam) or other communications that violate applicable privacy and anti-spam legislation. Spam is defined for this purpose as sending any message that encourages participation in a commercial activity or multiple messages similar in content to any person(s), entity(ies), newsgroup(s), forum(s), email list(s), or other group(s), individual(s) or list(s) unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient in accordance with the requirements under applicable law. MSB Aquatics also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with MSB Aquatics, and/or any products and Services. MSB Aquatics prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO MSB AQUATICS SERVICES, PLEASE CONTACT US PROMPTLY VIA THE CONTACT MECHANISM MADE AVAILABLE VIA THE WEBSITE SO THAT WE MAY TAKE APPROPRIATE ACTION.

14.3.
Governing Law and Jurisdiction. To the extent permitted by applicable by law, this Agreement will be governed by and interpreted in accordance with the laws of the State of Texas and we both agree to submit to the non-exclusive jurisdiction of the District Courts of Texas. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in Texas or in the EU country in which you live.

14.4.
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14.5.
Rights and Remedies. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

14.6.
Mandatory Arbitration and Dispute Resolution for United States and Canadian Users. Please read this Arbitration Agreement carefully. It is part of your contract with MSB Aquatics and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. To the extent permitted by applicable law, all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services provided by MSB Aquatics that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and MSB Aquatics, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to MSB Aquatics should be sent to: Director of Operations, MSB Aquatics, LLC. 3311 Preston Hills Circle, Prosper, TX 75078. After the Notice is received, you and MSB Aquatics may attempt to resolve the claim or dispute informally. If you and MSB Aquatics do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that MSB Aquatics made to you prior to the initiation of arbitration, MSB Aquatics will pay you the greater of the award or fifty dollars ($50). Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider to the maximum extent permitted by law.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or MSB Aquatics pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and MSB Aquatics, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MSB Aquatics. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and MSB Aquatics in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with MSB Aquatics.
(m) Small Claims Court. Notwithstanding the foregoing, either you or MSB Aquatics may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Collin County, Texas, for such purpose.

14.7.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.

14.8.
We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organization – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

14.9.
Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.