ALL CONTENT ON THIS WEB SITE IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, Bay Shore Swim Inc. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Bay Shore Swim Inc., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. Bay Shore Swim Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
Bay Shore Swim Inc. makes no representations, warranties or guarantees that use or results of the use of the Web Site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Bay Shore Swim Inc. may modify, suspend, or discontinue any aspect or feature of this Web Site or your use of this Web Site. If Bay Shore Swim Inc. elects to modify, suspend, or discontinue the Web Site, it will not be liable to you or any third party.
All agreements and forms contained within this Web Site are subject to the possibility of errors, omissions or withdrawal without notice. You acknowledge that your submission of any information to us is at your own risk. Bay Shore Swim Inc. does not assume any liability to you with regard to any loss or liability relating to such information in any way.
Some of the content, products, and services available through the Web Site may include materials that belong to third parties. You acknowledge that Bay Shore Swim Inc. assumes no responsibility for such content, products or services.
Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT Bay Shore Swim Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Bay Shore Swim Inc., NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Bay Shore Swim Inc. AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Bay Shore Swim Inc. IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, Bay Shore Swim Inc.’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Bay Shore Swim Inc. and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation by you of the terms and conditions of this Agreement; (ii) your use or misuse of this Web Site; or (iii) any infringement by you of the copyright or intellectual property rights of any third party..
Bay Shore Swim Inc. requires its users to comply with all applicable laws. You agree that you will comply with all such laws applicable to you. Bay Shore Swim Inc. or its business partners may present advertisements or promotional materials on or through the Web Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Web Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Bay Shore Swim Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Web Site.
If you know of, or suspect, copyright infringement, please send a notice to Bay Shore Swim Inc. at email@example.com. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. Â§ 101 et seq.
This agreement will be governed by the laws of the state of New York. The exclusive jurisdiction for any claim, action or dispute with Bay Shore Swim Inc. or relating in any way to your use of the Web Site will be in the state and federal courts of the state of New York and the venue for the adjudication or disposition of any such claim, action or dispute will be in Suffolk County, New York. Bay Shore Swim Inc. may send notices to you with respect to your use of the Web Site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the Web Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
Consent to be Contacted
If you provide, or have provided, a telephone number to us (either through the Web Site or by other means), you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. You may revoke your consent to be contacted at such number(s) by emailing us at firstname.lastname@example.org or by replying STOP to a text notification. Standard message and data rates may apply.
This Policy explains how we collect, use, disclose, and protect the Personal Information that we collect through our Services, and your choices about the collection and use of such information.
Please note that this Policy does not describe the practices of any other party that may have access to your Personal Information. To the extent that we provide your Personal Information to our agents or service providers, we However, we are not responsible for the practices employed by any third party website that we may link to, nor for the information or content contained therein. We encourage you to review the privacy statements of such other websites to understand their information practices and terms of service.
HOW WE COLLECT AND USE INFORMATION
We collect the following types of information about you:
For purposes of this Policy, “Personal Information” means information that would allow someone to identify or contact you or your computing device. We may ask for certain types of Personal Information, such as your first and last name, phone number and e-mail address when you use our Web Site, register for an Bay Shore Swim Inc. account, or otherwise correspond with us. We may retain any messages you send through the Services, and may collect Personal Information you provide in any user-generated content that you post to the Services or otherwise provide to us (“User Content”).
We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages and push notifications and to permit you to share content with others on the Services. We may also send you Services-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Services, technical and security notices).
For more information about your communication preferences, see “Your Choices Regarding Your Information” below.
Aggregate or Demographic Information:
We may collect and analyze aggregate data assembled from Personal Information collected via the Services. Aggregate data is collected in order to better understand the demographics and usage patterns of all users of the Services, so that we can provide the highest level of service to our customers. Such aggregate data generally is not personally identifiable or linked to a specific user.
Our servers may automatically collect certain technical information about your use of the Services, including, without limitation, your browser type, your operating system, Internet Protocol address, bandwidth speed, and information collected through cookies, web beacons, and other technologies (see below for more information about cookies and other tracking technologies). Some technical information may qualify as Personal Information, while other technical information may not be personally identifiable. We generally use technical information for system administration, security and statistical analysis.
Mobile Device Data:
Certain mobile devices contain unique identifiers that can be used, for example, to identify the physical location of such devices. Mobile devices also typically transmit caller ID data when used to transmit a telephone call or text message. When you access the Services through a mobile device, we may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information for various purposes, including to provide the Services you request and to improve your experience with the Services. The Services also may require collection of your mobile phone number in order for you to participate in certain features and that number may be associated with your other Personal Information.
When you first launch any of our mobile applications, you may be asked to consent to the application’s collection of location information. If you consent, information regarding your location may be transmitted to us and/or to third parties in order to provide Services to you. In some circumstances, we may not be able to provide our Services without this location information, which means that you may not be able to use our Services if you do not provide your consent. If you initially consent to our collection of location information and change your mind, you can revoke your consent by changing the preferences on your mobile device. You also may stop our collection of location information by following the standard uninstall process to remove our applications from your device.
We automatically collect certain types of usage information when you visit the Web Site or use our Services. When you use the Services, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer. Cookies uniquely identify your browser and allow us to help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services, and other actions you take on the Services), and allow us to track your usage of the Services over time. We also may collect log file information from your browser or mobile device each time you access the Services. Log file information may include anonymous information such as your web request, Internet Protocol address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Services. We also may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Services.
As discussed above, when you access our Services by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device, mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates, or similar information regarding the location of your mobile device. From time-to-time, we may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit our Services. These third parties may place material on the Services, such as banner ads, that allow the third party’s servers to place cookies in your web browser. Please note that we only can access cookies that we set on your browser, not the cookies sent to you by other companies. However, we may use third-party cookies to track the performance of our own advertisements. The information provided to third parties by means of these third-party cookies does not include Personal Information, but information which we receive from third parties through these cookies may be re-associated with Personal Information after we receive it.
We may use the data collected through cookies, log file, device identifiers, location data and clear gifs to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content and information, including advertising; (iii) provide and monitor the effectiveness of our Service; (iv) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (v) diagnose or fix technology problems; (vi) otherwise to plan for and enhance our Services; (vii) automatically update our software on your computer or mobile devices; and (viii) for any other lawful purpose.
Sharing of your personal information
We may use your Personal Information in order to provide the Services, to deliver advertising content to you, and otherwise for our everyday business purposes, as described above. Note, however, that we also may disclose your Personal Information to third parties in order to provide the Services and for other reasons. Subject to applicable law, the reasons that we may use and disclose your personal information include:
- To create de-identified, anonymized, aggregated or similar non-personally identifiable data, which we may use for any lawful business purpose;
- To engage in routine business uses that an ordinary and reasonable person should expect in the context of the Services that we provide, the reasons for which we collect Personal Information, and/or the ways that similar businesses ordinarily operate, including, for example, uses and disclosures:
To service providers, information technology providers, consultants, mailing and other business process providers, vendors, and other third parties which help us to operate and improve our business, including by providing analytic services;
To other companies owned by us or under common ownership, including to our subsidiaries, or to our ultimate holding company and any of its subsidiaries. These companies may use your Personal Information in the same way as we can under this Policy;
For security, anti-fraud, authentication and verification purposes;
To respond to questions or requests or to contact you for lawful purposes, including for surveys;
To vendors and their service providers who reasonably need the personal information to do their jobs, which may include helping us to analyze how the Services are used, diagnose service or technical problems, customize content or deliver personal communications, and/or protect the security or integrity of the Services;
To our co-branded business partners with whom we may jointly provide Services to you;
To respond to or participate in commercial disputes (e.g., lawsuits or investigations);
To persons appearing to have a lawful interest in the Personal Information (e.g., to an insurance company processing an insurance claim involving you); or
To comply with applicable law;
- In connection with a merger or other business combination or separation (including, but not limited to, a voluntary or involuntary change in our business or structure, or a reorganization, financing, change of control, sale of all or part of our stock or assets, spinoff, bankruptcy, dissolution, or any related to similar proceedings);
- To respond to legal process or to regulatory authorities (such as pursuant to a subpoena; warrant; investigative demand from law enforcement, regulators or others; national or international security letters, etc.)
- To investigate, prevent, or take action regarding suspected or actual illegal activities (including fraud or stalking), security or technical issues;
- To protect against fraud, claims, or other liability or harm to you, us, or others;
- For such lawful purposes as may be disclosed or evident at the time that you provide Personal Information to us (e.g., when you provide Personal Information in response to a survey, to sign up for an event, or to register for a newsletter).
For further information on your choices regarding your information, see the section below called, “Your Choices Regarding Your Information.”
How we store and protect your information
Security: We care about the security of your information and use what we believe to be commercially reasonable safeguards to preserve the integrity and security of all Personal Information collected through the Services. For example, we take reasonable steps (such as requesting your email address and password) to verify your identity before granting access to your account.
Please be advised, however, that no security measure, system, or control is infallible. WE ACCORDINGLY DO NOT GUARANTEE THAT INFORMATION ON THE SERVICES MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, DUTIES OR CONDITIONS IN THAT REGARD. If any applicable law imposes on us a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that our commercially reasonable precautions shall be considered to satisfy that duty unless (and only unless) we have engaged in willful misconduct.
Also note that you have a role in the security of your personal information. For example, you should not provide us with Personal Information that we do not request; you are responsible for controlling access to any personal computing device through which your Personal Information may be stored, accessed, or sent; and you are responsible for safeguarding any passwords or other log-in credentials to may be used to access to your Personal Information.
Your privacy settings may be affected by changes to the functionality of third party sites and services that you add to our Services, such as social networks. We are not responsible for the functionality or security measures of any third party.
Compromise of information: In the event that the security of any Personal Information under our control is compromised, we will take reasonable steps to investigate and mitigate the situation, including, when and where appropriate, by notifying those individuals whose Personal Information may have been compromised and taking other steps in accordance with applicable laws and regulations.
Your choices about your information
Commercial and marketing communications:
We may provide notifications to you that are required by law or that are for marketing or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, text message, hard copy, or through conspicuous posting on our Web Sites or otherwise through the Services. We reserve the right to determine the form and means of providing notifications to you.
We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out. We also may use your Personal Information to send you Services-related informational emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Services, technical and security notices). You may not opt out of such Services-related e-mails.
You control your account information and settings. You may update your account information at any time by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make reasonable efforts to promptly process all unsubscribe requests. As noted above, you may not opt out of Services-related informational communications. If you have any questions about reviewing or modifying your account information, you can contact us directly at email@example.com
If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at firstname.lastname@example.org
To learn more about cookies, clear gifs/web beacons and related technologies, you also may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, located at http://www.networkadvertising.org. Although such information should be helpful, we do not control or guarantee its accuracy or that it will be effective with respect to all information gathering tools or in all circumstances.
How long we keep your User Content:
Following termination or deactivation of your account, we may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes.
‘DO NOT TRACK’
Our Services do not respond to Do-Not-Track signals from your browser at this time.
Bay Shore Swim Inc. does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Services are not directed at children under the age of 13. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from or about a child under 13, please contact us at email@example.com.
Links to other websites and services
How to contact us
To the extent not prohibited by law, any amendment or update to this Policy will apply to Personal Information that we already have collected and to any Personal Information that we subsequently may obtain. When required by applicable law, however, we may provide you with advance notice of any changes to this Policy and with an opportunity to object to such changes. If you exercise your right to object, the changes will not become effective with respect to your Personal Information, but your ability to use our Services may be terminated or impaired. We will explicitly notify you of the consequences of objection or non-objection to the extent and in the manner required by law.