Welcome to bookalifeguard.com!
These terms and conditions outline the rules and regulations for the use of Book a Lifeguard's Website, located at www.bookalifeguard.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use bookalifeguard.com if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Terms & Conditions Generator.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").
These Terms are subject to change by Swim Search LLC Bookalifeguard.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 35 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check Swim Search LLC Bookalifeguard.com /terms for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms. For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean https://www.Bookalifeguard.com and any other websites, web pages, mobile applications and mobile websites operated by Swim Search LLC ("Swim Search LLC / Bookalifeguard.com " or "we") in the United States, and the "Services" shall mean any of the various services that Swim Search LLC through Bookalifeguard.com provided through the Site or any other channels, including without limitation, over the telephone. The "Site" and "Services" also include certain sites and services offered through Swim Search LLC Bookalifeguard.com
However, the terms "Site" and "Services" do not include or involve the following:
Websites, web pages, mobile applications and mobile websites (and services offered through such channels) operated by Swim Search LLC Bookalifeguard.com's other future subsidiaries, which provides the Swim Search LLC Bookalifeguard.com The sites and services offered by such other subsidiaries are subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile applications.
Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Swim Search LLC Bookalifeguard.com which have separate terms of service that do not expressly incorporate these Terms by reference. The sites and services offered by Swim Search LLC Bookalifeguard.com via such channels are subject to separate terms to which a user of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant mobile applications. Third-party entities such as swimming schools, swim teams, lifeguard training centers, or other aquatic programming agencies and other corporate aquatic safety and educational Provider or that may use the Swim Search LLC Bookalifeguard.com Site or Services to market their services and/or recruit employees. Such entities' use of the Swim Search LLC Bookalifeguard.com Site and Services are subject to separate terms to which those entities agreed upon registering with Swim Search LLC Bookalifeguard.com .
1.1 About Our Services
Swim Search LLC Bookalifeguard.com offers various Services to help its users find, coordinate, and maintain aquatic programming and related activities that require safety supervision in or around the water. The Services we offer include, among others:
We enable individuals seeking swimming lessons, private lifeguards and other aquatic educational programs, (such as individual or shared open and underwater educational programs related to SCUBA diving, surfing, sailing, kite boarding, special needs aquatic programs, tutoring, coaching or other related aquatic services) and corporate Provider or seeking to hire individual Provider or (such as those related to mentioned above) (each "Provider or seeker") to post jobs on the Site, and we enable individuals and entities who provide these services to post profiles on the Site and apply to jobs ("Provider").
We provide search functionality on the Site to allow Provider or Seekers and individual Provider or to narrow the pool of Provider or Seekers or Provider or they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Provider or Seekers and Provider or to communicate without sharing contact information. on. We provide tools and information to help Provider or Seekers and Provider or make more informed decisions. at http://www.Swim Search LLC Bookalifeguard.com /safety-center-p1273.html which includes a safety guide and safety resources, verification dashboards on Aquatic Provider or profiles, which enable Provider or Seekers to check the status of a Provider various verifications, and a process for Providers or Seekers to obtain background check reports from third-party consumer reporting agencies on Providers or who consent to the running and sharing of those reports.
We provide functionality on the Site to allow Provider or Seekers to search for and message other Provider or Seekers in their geographic area to help Provider or Seekers to facilitate shared services We provide a directory of entity Providers such as swimming instructors, private lifeguards and other aquatic educational programs, (such as individual or shared open and underwater educational programs related to SCUBA diving, surfing, sailing, kite boarding, special needs aquatic programs, tutoring, coaching or other related aquatic services) and corporate Providers or seeking to hire individual Providers or (such as those related to mentioned above) from which users may contact or request information.
For certain Provider seekers who enroll in Swim Search LLC Bookalifeguard.com through their employer's benefits program and for certain other Provider seekers who would like additional assistance in narrowing down the list of Providers or to choose based on their respective needs and preferences as communicated to us by contacting Swimsearchllc.com. The Site enables Registered Users to communicate and share information with other Registered Users who share a common interest or bond. We offer through Stripe, Inc., ("Stripe"), a third party, a service that facilitates the payment of Provider or by Provider seekers via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, Provider or that use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Swim Search LLC Bookalifeguard.com enabling payment processing services through Stripe, you agree to provide Swim Search LLC Bookalifeguard.com accurate and complete information about you, and you authorize Swim Search LLC Bookalifeguard.com to share it and transaction information related to your use of the payment processing services provided by Stripe. Swim Search LLC Bookalifeguard.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and maintain care for their families. However, we do not employ any Provider.
Bookalifeguard.com does not assume any responsibility for the accuracy or reliability of any information provided by Provider or Seekers on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
1.3. User Responsibilities
Any screening of a Provider or Seeker or Provider or and his, her or its information by Swim Search LLC Bookalifeguard.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or Provider or. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Provider seeker or Provider for themselves or their family. Service selects on behalf of the Registered Each Provider seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Provider orthey select as well as that Provider or's eligibility to work in the US. Eligibility to Use the Site and Services By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
If you are registering to be a Provider or, you must be permitted to legally work in the country, city, state, or other local governing authority that the Provider or will be conducting business, communicating with or interacting in any form neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity. You must not be a competitor of Swim Search LLC Bookalifeguard.com or using our Services for reasons that are in competition with Swim Search LLC Bookalifeguard.com . Rules for User Conduct and Use of Services 3.1. Registration, Posting, and Content Restrictions The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By posting any Content while using our Service, you agree, represent and warrant as follows:
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services. You will register your account in your own legal name, even if you are seeking care for another individual or family member. Unless otherwise permitted by Swim Search LLC Bookalifeguard.com , all Content you post will be in English as the Site and Services generally are not supported in any other languages. You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Swim Search LLC Bookalifeguard.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Swim Search LLC Bookalifeguard.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content. You understand and agree that Swim Search LLC Bookalifeguard.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Swim Search LLC Bookalifeguard.com violates these Terms or which Swim Search LLC Bookalifeguard.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others. You have the right, and hereby grant, to Swim Search LLC Bookalifeguard.com , its Affiliates, licensees and successor , an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Swim Search LLC Bookalifeguard.com will not infringe or violate the rights of any third party. Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations. Swim Search LLC Bookalifeguard.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Swim Search LLC Bookalifeguard.com and we may use all such communications, all without notice to, consent from, or compensation to you. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Swim Search LLC Bookalifeguard.com , are those of their respective author . Such author are solely responsible for such content. Swim Search LLC Bookalifeguard.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endor e or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Swim Search LLC Bookalifeguard.com or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users
You agree that Swim Search LLC Bookalifeguard.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
Swim Search LLC Bookalifeguard.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Site. Users hereby represent, understand and agree to hold Swim Search LLC Bookalifeguard.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue
3.2. Exclusive Use
If you are a Provider seeker, you may use your account only to find services for yourself, your parents, your children, your grandchildren, individuals for whom you are otherwise the legal guardian or another Provider seeker with whom you are entering a shared arrangement. If you are a Provider or, you may use your account only to find jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of Swim Search LLC Bookalifeguard.com , you agree that you will not under any circumstances:
use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by Swim Search LLC Bookalifeguard.com or for the promotion of illegal activities; harass, abuse or harm another person or group, or attempt to do so; use another user's Swim Search LLC Bookalifeguard.com account; provide false or inaccurate information when registering an account on Swim Search LLC Bookalifeguard.com , using the Services or communicating with other Registered Users; attempt to re-register with Swim Search LLC Bookalifeguard.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account; interfere or attempt to interfere with the proper functioning of Swim Search LLC Bookalifeguard.com 's Services; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means); use the communication systems provided by or contacts made on Swim Search LLC Bookalifeguard.com for any commercial solicitation purposes; publish or link to malicious content intended to damage or disrupt another user's browser or computer. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of phone numbers a Provider seeker may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
Should Swim Search LLC Bookalifeguard.com find that you violated the terms of this Section or any terms stated herein, Swim Search LLC Bookalifeguard.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that Swim Search LLC Bookalifeguard.com may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Provider or Provider seeker information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights Swim Search LLC Bookalifeguard.com may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, Swim Search LLC Bookalifeguard.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Background and Verification Checks
4.1 Provider or Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members
Swim Search LLC Bookalifeguard.com offers to individuals who have registered as Provider or and Provider seekers the following background check services from third-party consumer reporting agencies: Criminal Record Checks, Motor Vehicle Records ("MVR") Checks, Criminal + MVR Records Checks and Investigative Criminal Plus background checks (collectively "Background Checks"). Criminal Records Checks may be ordered by Provider or about themselves or by Provider seekers, subject to the authorization of the Provider or who is the subject of the check. MVR Checks only may be ordered by Provider or about themselves. Criminal + MVR Records Checks only may be ordered by Provider seekers, subject to the authorization of the Provider or who is the subject of the check. Investigative Criminal Plus background checks may only be ordered by Provider seekers subject to the written authorization of the Provider or who is the subject of the check. All background checks require payment of a separate fee by the Member who is initiating the background check request and are subject to the consent of the Provider or on whom the check is being performed.
Each of these Background Checks is regulated by the Fair Credit Reporting Act ("FCRA"), and the background reports resulting from these services are considered "consumer reports" under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
Swim Search LLC Bookalifeguard.com will receive a copy of each Background Check you order or authorize through Swim Search LLC Bookalifeguard.com . You are responsible for making sure that the email address you provide to Swim Search LLC Bookalifeguard.com is correct, knowing that sensitive information will be sent to it.
If you authorize a Criminal Records Check or Criminal + MVR Records Check in response to a request by a Provider seeker who is considering hiring you, we will provide both you and the Provider seeker who ordered the check the ability to retrieve the report from the consumer reporting agency that performed the check. If a Provider seeker orders an Investigative Criminal Plus background check pursuant to your written authorization, the consumer reporting agency that performed the check will provide it directly to you and to the Provider seeker who ordered it based on your written authorization. The results of any check ordered pursuant to your written authorization will be shared directly with requesting Provider seeker regardless of its contents
If you are a Provider or and you have ordered a Background Check from a third-party consumer reporting agency through Swim Search LLC Bookalifeguard.com , we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific authorization.
Special Responsibilities of Users of Background Check under FCRA
The use of any background check reports obtained through the Site is governed by the federal Fair Credit Reporting Act ("FCRA") and certain state laws. If you order or request access to
background check on a Provider seeker, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations. A summary of your responsibilities in using the information contained in the background check can be found Using consumer reports what employers need to know. If there is negative data in a check you receive, and you choose to take "adverse action" (i.e. if you choose to pass on that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at Using consumer reports what employers need to know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. If you have ordered a Criminal Records Check or a Criminal+ MVR Records Check, Swim Search LLC Bookalifeguard.com will provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
Swim Search LLC Bookalifeguard.com May Review and Use Background Checks You Order or Authorize About Yourself
By registering for and using the Site or Services as an individual Provider or, and subject to your authorization, you acknowledge and agree that Swim Search LLC Bookalifeguard.com may review and use any Background Checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our Site and its users, which may, in the case of certain Provider or be considered an employment purpose pursuant to the FCRA. Swim Search LLC Bookalifeguard.com reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.
If Swim Search LLC Bookalifeguard.com terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Swim Search LLC Bookalifeguard.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Swim Search LLC Bookalifeguard.com .
Swim Search LLC Bookalifeguard.com May Order and Use Background Screenings About You
By registering for and using the Site or Services as a Provider seeker or Provider you hereby acknowledge and agree that Swim Search LLC Bookalifeguard.com has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users ("Preliminary Membership Screens"), which may, in the case of certain Provider or, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Provider or, Swim Search LLC Bookalifeguard.com may order these screenings when you register with Swim Search LLC Bookalifeguard.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
These Internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered "consumer reports" under FCRA.
You understand and agree that Swim Search LLC Bookalifeguard.com may review the information provided by the third-party consumer reporting agency and that Swim Search LLC Bookalifeguard.com retains the right to terminate your Swim Search LLC Bookalifeguard.com registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Swim Search LLC Bookalifeguard.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Swim Search LLC Bookalifeguard.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Swim Search LLC Bookalifeguard.com ) within the time period specified in your notice. Notwithstanding this, you agree that Swim Search LLC Bookalifeguard.com is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A Provider or, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW Swim Search LLC Bookalifeguard.com TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE Swim Search LLC Bookalifeguard.com .
Swim Search LLC Bookalifeguard.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Provider or Provider seeker, and, if applicable to you as a Provider or, subject to your additional authorization, you authorize Swim Search LLC Bookalifeguard.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Swim Search LLC Bookalifeguard.com reserves the right, but not the obligation, to utilize third party service Provider or to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that Swim Search LLC Bookalifeguard.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Swim Search LLC Bookalifeguard.com .
You also hereby represent, understand and expressly agree that Swim Search LLC Bookalifeguard.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A Provider or SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW Swim Search LLC Bookalifeguard.com TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE Swim Search LLC Bookalifeguard.com .
Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Swim Search LLC Bookalifeguard.com from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Swim Search LLC Bookalifeguard.com has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Swim Search LLC Bookalifeguard.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Swim Search LLC Bookalifeguard.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Swim Search LLC Bookalifeguard.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Swim Search LLC Bookalifeguard.com , with or without notice for any reason or no reason in its sole discretion, including without limitation if Swim Search LLC Bookalifeguard.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, Swim Search LLC Bookalifeguard.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, Swim Search LLC Bookalifeguard.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
Links To External Sites
Links from the Site to external sites (including external sites that are framed by Swim Search LLC Bookalifeguard.com ) or inclusion of advertisements and other third-party content do not constitute an endor ement by Swim Search LLC Bookalifeguard.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Swim Search LLC Bookalifeguard.com does not control such sites, and is not responsible for their content.
Payment And Refund Policy
In order to utilize some Swim Search LLC Bookalifeguard.com Services or product offerings, the user of such Services or product offerings must pay Swim Search LLC Bookalifeguard.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. Notwithstanding the foregoing, for certain Provider seekers who enroll in Swim Search LLC Bookalifeguard.com and receive access to a paid membership subscription through their employer's benefits program, the related subscription fee is paid by their employer, and the Provider seeker has no obligation to pay the automatically renewing subscription fee associated with such subscription so long as the subscription remains part of the employer's benefits program.
8.1 Billing and Payment
If you sign up for a Swim Search LLC Bookalifeguard.com paid membership subscription, you agree to pay Swim Search LLC Bookalifeguard.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize Swim Search LLC Bookalifeguard.com , or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Swim Search LLC Bookalifeguard.com reserves the right to correct any error or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Swim Search LLC Bookalifeguard.com to charge your chosen payment Provider or for the Services and/or products you purchase. You agree that if Swim Search LLC Bookalifeguard.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
8.2 Automatic Subscription Renewal and Cancellation
Swim Search LLC Bookalifeguard.com PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You may cancel your paid membership subscription at any time by following the instructions on your account settings page or contacting Swim Search LLC Bookalifeguard.com 's customer service department at (877) 227-3115 or careteam@Swim Search LLC Bookalifeguard.com . If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
8.3 Free Trial Offers
Swim Search LLC Bookalifeguard.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Swim Search LLC Bookalifeguard.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by Swim Search LLC Bookalifeguard.com at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the Provider seeker or Provider ormust downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Provider seeker or Provider or's credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
If you are a Provider or, you may purchase or receive credits ("Credits") to be used where required to apply for or enhance your application to certain jobs posted by certain Provider seekers, or for other goods or services as described on the Site. If you purchase Credits, you agree to pay Swim Search LLC Bookalifeguard.com the price indicated on the Site at the time you make your purchase. Credits have no monetary or cash value, and your purchase or receipt of Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. Credits cannot be sold, transferred or exchanged for "real world" money or cash. You agree that all sales of Credits are final and non-refundable and you are not entitled to a refund of any unused Credits, including in the event that you close your account or your registration is terminated by us in accordance with Section 5 above. Credits expire as described on the Site at the time you purchase or receive them. Upon expiration, we have the right but not the obligation to redeem any remaining Credits for other goods or services, which shall be identified at our sole discretion.
8.5 Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if: (i) you have not used your subscription during the current subscription renewal period and (ii) you downgrade or cancel your membership and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to Swim Search LLC Bookalifeguard.com or to your credit card company. Additionally, if you are a Provider seeker and you post a bona fide job during your initial paid membership subscription period, we will refund your initial paid membership subscription charge if: (a) you do not receive any responses to your first job posting within three (3) days of posting and (b) you contact us within thirty (30) days of your initial subscription charge to downgrade or cancel your membership and have not continued to use your account within that period. In addition, Swim Search LLC Bookalifeguard.com reserves the right to immediately downgrade or cancel your membership after payment of your refund. Swim Search LLC Bookalifeguard.com does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
Release of Liability for Conduct and Disputes
Swim Search LLC Bookalifeguard.com is not an employer of Provider or . Provider seekers may seek the services of a Provider orthrough the use of the Site or Services, and Provider or may post profiles and submit proposals to Provider seekers regarding their services.
In some instances, such as through the Assisted Search and Senior Care Planning Services, we or Care Concierge may provide Provider seekers a customized list of potential individuals, companies and/or agencies to consider based on the information the Provider seeker provides us regarding their and their loved one's needs and preferences. However, if a Provider seeker agrees on the provision of services from an individual, company or agency we or Care Concierge identifies through any of those Services, such agreement is solely between the Provider seeker and the Provider or; neither Swim Search LLC Bookalifeguard.com nor Care Concierge is a party to any such agreement.
In some instances, such as through the Backup Care Service, the third parties we or Care Concierge contract with to provide services in support of that Service select the individual Backup Provider or from their agency who provide the backup or senior care service. We and Care Concierge contract with reputable agencies that have entered into an agreement with us pursuant to which they represent that each of their individual Backup Provider or has passed a screening process including background and reference checks. However, each such agency operates independently of Swim Search LLC Bookalifeguard.com and is not under our control. Any issues concerning the conduct of a Provider seeker or Provider orincluding, without limitation, the services received by the Provider seeker or payment due to the Provider or, must be resolved directly by the Provider seeker and the Provider or. Swim Search LLC Bookalifeguard.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues.
By using this Site or our Services, you hereby represent, understand, and expressly agree to hold Swim Search LLC Bookalifeguard.com harmless for any claim or controversy that may arise out of the actions of or relationship between you and any Provider seeker, Provider or other user(s) of the Site that are not Backup Provider or employed by our subsidiary, Care Concierge. You agree to take reasonable precautions in all interactions with Provider seekers, Provider or or other users of the Site or the Services, particularly if you decide to meet offline. In addition, you agree to visit the Swim Search LLC Bookalifeguard.com Safety Center at www.Swim Search LLC Bookalifeguard.com /safety-center-p1273.html prior to using the Service for additional helpful information. By using the Site or the Services, you agree to report any alleged improprieties of any users therein to Swim Search LLC Bookalifeguard.com immediately by notifying Swim Search LLC Bookalifeguard.com of the same via electronic correspondence.
Swim Search LLC Bookalifeguard.com is intended for people 18 or over. Swim Search LLC Bookalifeguard.com will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
Disclaimers; Limitations; Waivers; Indemnification
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Swim Search LLC Bookalifeguard.com , are those of their respective author , and should not necessarily be relied upon. Such author are solely responsible for such content. Swim Search LLC Bookalifeguard.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDor E OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Swim Search LLC Bookalifeguard.com ; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Swim Search LLC Bookalifeguard.com EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRor OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, Swim Search LLC Bookalifeguard.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A Provider or TO EMPLOY THE SERVICES OF A Provider or.
WITH RESPECT TO CORPORATE Provider seekerS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE Provider seeker, Swim Search LLC Bookalifeguard.com OR ITS INFORMATION Provider or . IN NO EVENT WILL Swim Search LLC Bookalifeguard.com OR ITS INFORMATION Provider or BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
11.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth in Swim Search LLC Bookalifeguard.com 's Safety Center at www.Swim Search LLC Bookalifeguard.com /safety-center-p1273.html, when interacting with other site visitor or Registered Users.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will Swim Search LLC Bookalifeguard.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Swim Search LLC Bookalifeguard.com , or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL Swim Search LLC Bookalifeguard.com 'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID Swim Search LLC Bookalifeguard.com FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
No Liability for non-Swim Search LLC Bookalifeguard.com Actions. IN NO EVENT WILL Swim Search LLC Bookalifeguard.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Swim Search LLC Bookalifeguard.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
It is Swim Search LLC Bookalifeguard.com 's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Swim Search LLC Bookalifeguard.com 's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative. Swim Search LLC Bookalifeguard.com 's agent for copyright issues relating to this Site is as follows:
Swim Search LLC Bookalifeguard.com , Inc.
77 Fourth Avenue, 5th Floor
Waltham, MA 02451 USA
copyright@Swim Search LLC Bookalifeguard.com
In an effort to protect the rights of copyright owners, Swim Search LLC Bookalifeguard.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
Agreement to Arbitrate
13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Swim Search LLC Bookalifeguard.com or a Swim Search LLC Bookalifeguard.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND Swim Search LLC Bookalifeguard.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND Swim Search LLC Bookalifeguard.com EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST Swim Search LLC Bookalifeguard.com AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Swim Search LLC Bookalifeguard.com USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.3 Pre-Arbitration Dispute Resolution
Swim Search LLC Bookalifeguard.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at careteam@Swim Search LLC Bookalifeguard.com or at Swim Search LLC Bookalifeguard.com , Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham, MA 02451.
13.4 Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the "JAMS Rules"), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS's Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against Swim Search LLC Bookalifeguard.com , you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Swim Search LLC Bookalifeguard.com at Swim Search LLC Bookalifeguard.com , Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham, MA 02451. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Swim Search LLC Bookalifeguard.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Swim Search LLC Bookalifeguard.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Swim Search LLC Bookalifeguard.com , unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Swim Search LLC Bookalifeguard.com users, but is bound by rulings in prior arbitrations involving the same Swim Search LLC Bookalifeguard.com user to the extent required by applicable law.
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Swim Search LLC Bookalifeguard.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Swim Search LLC Bookalifeguard.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Swim Search LLC Bookalifeguard.com for all fees associated with the arbitration paid by Swim Search LLC Bookalifeguard.com on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.8 Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. For new Swim Search LLC Bookalifeguard.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current Swim Search LLC Bookalifeguard.com user and previously accepted the Swim Search LLC Bookalifeguard.com Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than January 17, 2017. You must mail the Opt-Out Notice to Swim Search LLC Bookalifeguard.com , Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham, MA 02451. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Swim Search LLC Bookalifeguard.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Swim Search LLC Bookalifeguard.com will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Swim Search LLC Bookalifeguard.com users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Swim Search LLC Bookalifeguard.com will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
13.9 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Swim Search LLC Bookalifeguard.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Swim Search LLC Bookalifeguard.com prior to the effective date of removal.
Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Swim Search LLC Bookalifeguard.com must be resolved exclusively by a state or federal court located in the State of Delaware. You and Swim Search LLC Bookalifeguard.com agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
Consent to Electronic Communication
By using the Site or Services of Swim Search LLC Bookalifeguard.com , you agree to allow Swim Search LLC Bookalifeguard.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Swim Search LLC Bookalifeguard.com via the Swim Search LLC Bookalifeguard.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your Swim Search LLC Bookalifeguard.com account, alerts, and messages, and the e-mail account reflected on your Swim Search LLC Bookalifeguard.com on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successor and assigns of the parties hereto.
If you have any questions or need further information as to the Site or Services provided by Swim Search LLC Bookalifeguard.com , or need to notify Swim Search LLC Bookalifeguard.com as to any matters relating to the Site or Services please contact Swim Search LLC Bookalifeguard.com at: firstname.lastname@example.org
Unless otherwise stated, Book a Lifeguard and/or its licensors own the intellectual property rights for all material on bookalifeguard.com. All intellectual property rights are reserved. You may access this from bookalifeguard.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Book a Lifeguard does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Book a Lifeguard,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Book a Lifeguard shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Book a Lifeguard reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant Book a Lifeguard a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Book a Lifeguard; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Book a Lifeguard. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of Book a Lifeguard's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.