SUPERCHARGE YOUR SWIMMERS APP
Last revision: January 21, 2020
Swimmers (“Swimmers”, “we”, “us”, or “our”) operates this Supercharge Your Swimmers mobile application and site (collectively, the “App”). The App enables you to participate in an evaluation and, based on your responses, receive personalized recommendations to optimize your sperm quality and reproductive potential (the “Service”). The Service does not constitute medical advice and Swimmers does not provide health care services.
IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE
DO NOT USE THIS APP FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
- Use of the App and the Service. You are responsible for your use of the App and Service, and for any use of the App or Service made using your account. We prohibit certain kinds of conduct that may be harmful to users or to us. When you use the App or Service, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- attempt to circumvent any technological measure implemented by us or any other third party to protect Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
- access the Services for use outside of the United States of America; or
- advocate, encourage, or assist any third party in doing any of the
- Your personal information will be stored in a secure manner. Swimmers has implemented a variety of commercially standard encryption and security technologies and procedures to protect your personal information stored in our computer systems from unauthorized access. Swimmers also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
- User Content. The App and the Service allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. Swimmers has implemented and maintains appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of User Content; and (ii) protect against unauthorized access to User Content, in accordance with our Privacy
When you upload, submit, store, send, or receive User Content to or through the App or Service, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the App and Service) and to use the User Content for our internal management and administration, including for data analytics purposes, or otherwise as required or permitted by law. We work with data analytics vendors to assess the operations of the App and to develop new services and functionalities. De-identified information may be shared with our vendor partners in order to perform this work. This license is for the limited purpose of operating, promoting, and improving the App, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the App and Service. You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
- Operation and record retention. By using the App, you understand and agree that Swimmers reserves complete and sole discretion with respect to the operation of the App or Service, and that Swimmers may, among other things withdraw, suspend or discontinue any functionality or feature of the App or Subject to applicable law, Swimmers reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Service pursuant to their internal record retention and/or destruction policies.
- Communications Consent and Communications Risks of Using the App. Communications from applications like the App can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the App, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. In the event of a technological disruption, an alternative communication pathway may be recommended. Anyone who has access to the App or any electronic communications can read, forward, copy, delete, or change the message, view your personal information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the App and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information about your sperm health as well as additional informational and marketing communications from us. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, surveys, and educational information. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the App or related App communications to any third party, they may no longer be protected by our privacy and security policies. You also understand and accept that message/data rates may apply for the messages described in this
- Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks”) of Swimmers or other entities. You are not authorized to use any such Marks without the express written permission of such entities. Ownership of all such Marks and the goodwill associated therewith remain with the owning entities or their authorized licensees.
- Termination. Swimmers may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Swimmers reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Swimmers will have no further obligation to provide the Service.
- This App may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this App. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.
- DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
THE APP, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, SWIMMERS AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP, OR THE OPERATION OR FUNCTION OF THE APP, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE APP OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN SWIMMERS AND ITS AFFILIATES AND SWIMMERS AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. SWIMMERS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE APP, NOR DOES SWIMMERS ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE APP.
SWIMMERS IS NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE APP, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE APP, THE SERVICE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF SWIMMERS HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SWIMMERS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE APP DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF SWIMMERS’ OWN NEGLIGENCE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE APP AND THAT SWIMMERS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.
SWIMMERS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF SWIMMERS’ OWN NEGLIGENCE.
IN THE EVENT OF ANY PROBLEM WITH THIS APP, THE SERVICE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE APP. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT PURCHASED THROUGH THIS APP, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.
The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of Swimmers’ liabilities, shall apply to the fullest extent permitted by law.
This arbitration agreement does not preclude you or Swimmers from seeking action by federal, state, or local government agencies. You and Swimmers also have the right to bring qualifying claims in small claims court. In addition, you and Swimmers retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- Digital Millennium Copyright Act of 1998 (the “DMCA”). We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the App has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to: firstname.lastname@example.org.
To be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the App;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the App without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.