TERMS OF USE
By completing your purchase or enrollment in the South Shore Sunfish adaptive swimming lesson training (the “Course”), you are agreeing to the following terms of use. If you do not agree to these terms – do not complete your purchase or enroll in the course.
1. INTELLECTUAL PROPERTY RIGHTS
The Course and its content, including but not limited to videos, downloadable documents, printable visual aids, and handouts (the “Course Materials”) are the intellectual property of South Shore Sunfish LLC (“we, us, our”). All rights therein are owned exclusively by South Shore Sunfish LLC, your purchase and enrollment in the course does not transfer any rights to the Course beyond a single non-exclusive license to use the Course for your own personal use. You agree not to make copies, derivative works, or use the Course or Course Materials in whole or part to create a competitive course or service.
Any trademarks, taglines, and logos displayed within the Course and/or Course Materials are trademarks belonging to us, or are licensed to us for our use, unless otherwise indicated. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos. Any use by you, is strictly prohibited without our express written consent, or permission granted herein.
All rights not expressly granted in these terms or any express written license, are reserved by us.
2. TERMINATION OF SERVICE
You agree that We may, without prior notice, immediately terminate, limit your access to the Course and/or your account, or suspend your account based on any of the following: (a) breach or violation of these Terms of Use; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; or (d) extended periods of inactivity. You agree that termination, limitation of access and/or suspension will be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.
You will be required to register an account with and sign into the Course. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Course, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at [email protected].
3. DISCLAIMERS, LIMITATION OF LIABILITY & RELEASE OF CLAIMS
By purchasing and/or enrolling the Course you implicitly agree to the following Disclaimers:
3.1 Warranties Disclaimer.
YOU USE THE COURSE AT YOUR SOLE RISK. WE PROVIDE THE COURSE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE COURSE OR COURSE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (1) THE COURSE WILL MEET YOUR REQUIREMENTS; (2) THE COURSE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE COURSE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE COURSE WILL MEET YOUR EXPECTATIONS; OR (5) THE COURSE, COURSE MATERIALS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE COURSE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE MAKE NO WARRANTIES AS TO OUR COURSE. YOU AGREE THAT THE COURSE AND COURSE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE COURSE WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR COURSE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Our Course and Course Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Course and Course Materials including without limitation any liability for any delays, loss, damage, lost profits, personal or business interruptions, misapplication of information, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
3.2 Earnings Disclaimer.
You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in the use of our Course. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial, or otherwise, through the use of our Course and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through of the Course. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
3.3 Technology Disclaimer.
We try to ensure that the availability and delivery of our Course and Course Materials is uninterrupted and error-free, including our content and communications or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, to the extent that we can, we will try to limit the frequency and duration of suspension or restriction. We are not responsible for any technical issues that arise from or are caused by the hosting platform. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Course or Course Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Course or Course Materials inaccessible to you.
3.4 Limitation of Liability and Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Course or Course Materials and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If you have a dispute with the Course hosting platform, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
NEW JERSEY CLIENTS ONLY: the Release of Claims and Limitation of Liability, above, may not apply to you if your purchase and use of the Course is for personal use.
4. INDEMNIFICATION
You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms of Use, including any breach of the representations and warranties contained herein and any claims by third parties arising from you use, misuse or implementation of information from the Course in your own business or for the benefit of another business or organization. You hereby agree that we have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, or any of our Course or Course Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
5. MISCELLANEOUS
These Terms of Use constitute the entire agreement between you and us and govern your use of the Course and Course Materials.
These Terms of Use supersede any prior agreements between You and us with respect to the Course and Course Materials.
These Terms of Use and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
Any failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Course and the Course Materials, and all matters relating to your access to, and/or use of, Course and the Course Materials, including all disputes between you and us.
For Organizations
ORGANIZATION SERVICE AGREEMENT
This Service Agreement (“Agreement”) is by and between SOUTH SHORE SUNFISH LLC, a Massachusetts Limited Liability Company with a primary place of business in Braintree, MA (“SOUTH SHORE SUNFISH”) and the organization purchasing the course (“Organization”, each a “Party,” collectively the “Parties”) and is effective as of the date of sign up/purchase.
RECITALS
SOUTH SHORE SUNFISH LLC offers an online course for adaptive swimming lesson instructor training (the “Course”).
Organization desires to obtain access to the course for its students/members (“Instructors”).
For the promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the following terms.
TERMS
I. The Course
1.1 Course Details. The Course is comprised of online video instruction, as well as printable visual aids, parent handouts, and parent forms (collectively Course Materials). The course is accessed online via the Teachable platform. Upon completion of the course, users receive a certificate of completion.
1.2 License for use. Organization shall purchase non-exclusive, limited licenses for a certain number of Instructors, as detailed below. Instructors are granted a limited, nonexclusive license to access the course for their own personal use, as detailed below.
II. Fees & Payment
2.1 Fee. The minimum fee shall be $1500 per year, for up to 12 Instructors. Additional Instructors shall incur a fee of $180 The fee is fully earned upon receipt and is non-refundable, due to the digital nature of the Course.
2.2 Methods of Payment. The fee shall be charged annually via Teachable and is process via Stripe.
III. Term & Termination
3.1 Term. This Agreement will become effective on the effective date, and shall renew annually, unless terminated by either Party. Those terms within this Agreement that would naturally or expressly survive termination shall remain in effect after the termination or expiration of the Agreement, regardless of the reason, therefore.
3.2 Terminations by Organization. Organization may terminate this Agreement at any time, in writing with notice to SOUTH SHORE SUNFISH by hand delivery, certified return receipt mail, or via email with delivery and read receipt. Termination by the Organization shall not affect Instructors ability to access the Course and Course Materials.
3.3 Termination by SOUTH SHORE SUNFISH.
SOUTH SHORE SUNFISH may, at its sole discretion, terminate this Agreement or suspend services hereunder for Organization’s failure to make Payments when dues, until such time as Organization’s account is brought current. Such termination or suspension does not relieve Organization of its obligations hereunder.
IV. Relationship of the Parties.
4.1 Intention of Parties. It is the intention of the Parties that SOUTH SHORE SUNFISH be an independent contractor and not an employee, agent, joint venturer, or partner of Organization. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organization and SOUTH SHORE SUNFISH or any employee or agent of SOUTH SHORE SUNFISH.
4.2 Nonexclusive. SOUTH SHORE SUNFISH shall retain the right to offer its Course directly to end users or to other organizations.
V. Intellectual Property.
5.1 Ownership. The Course and Course content are the intellectual property of SOUTH SHORE SUNFISH. All rights therein are owned exclusively by SOUTH SHORE SUNFISH, nothing in this Agreement transfers any rights in or to the Course beyond the specified number of non-exclusive licenses granted herein. The Organization agree not to make copies, derivative works, or use the Course or Course Materials in whole or part to create a competitive course or service.
Any trademarks, taglines, and logos (the “IP”) displayed within the Course and/or Course Materials are trademarks belonging to SOUTH SHORE SUNFISH or are licensed to SOUTH SHORE SUNFISH for SOUTH SHORE SUNFISH’s use, unless otherwise indicated. Organization is not granted any right or license with respect to any of the foregoing trademarks, service marks, or logos.
Any use of the Course, Course Materials, or IP by the Organization is strictly prohibited without SOUTH SHORE SUNFISH’s express written consent, or permission granted herein.
5.2 Use of Intellectual Property. SOUTH SHORE SUNFISH grants to the Instructors a limited, no exclusive license to use the Course for the Instructor’s own personal use.
5.3 Media Release. Organization grants to SOUTH SHORE SUNFISH the right to use Organization’s outward facing IP, such as website, or advertisements, as well as sketches, work-in-progress designs, and the finished project on SOUTH SHORE SUNFISH's website, in magazine articles, or in books for SOUTH SHORE SUNFISH’s commercial use in its marketing and advertising portfolio to promote SOUTH SHORE SUNFISH’s business and services. Organization also agrees that any testimonials provided may be used by SOUTH SHORE SUNFISH for its own marketing and commercial purposes without any compensation to Organization now or in the future.
VI. Miscellaneous
6.1 Warranty Disclaimer. THE COURSE AND COURSE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE COURSE WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR COURSE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
The Course and Course Materials are for informational and educational purposes only. To the fullest extent permitted by law, SOUTH SHORE SUNFISH expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by Organization and/or the Instructors or others in connection with our Course and Course Materials including without limitation any liability for any delays, loss, damage, lost profits, personal or business interruptions, misapplication of information, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Because course content will be implemented on third party software, SOUTH SHORE SUNFISH CANNOT AND DOES NOT WARRANT THAT THE COURSE WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
6.2 Additional Disclaimers.
Earnings Disclaimer.
Organization acknowledges that SOUTH SHORE SUNFISH have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of Instructor’s participation in the use of the Course. SOUTH SHORE SUNFISH cannot and does not guarantee that Instructor’s will attain a particular result, positive or negative, financial, or otherwise, through the use of the Course and Organization understand the results differ for each individual. SOUTH SHORE SUNFISH also expressly disclaims responsibility in any way for the choices, actions, results, use, misuse or non-use by Instructors or the Organization of the information provided or obtained through any the Course. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Technology Disclaimer.
SOUTH SHORE SUNFISH tries to ensure that the availability and delivery of the Course and Course Materials is uninterrupted and error-free. However, as the Course is hosted on a third-party platform, over which SOUTH SHORE SUNFISH has no control, SOUTH SHORE SUNFISH cannot guarantee that access will not be suspended or restricted from time to time. SOUTH SHORE SUNFISH is not responsible for any technical issues that arise from or are caused by the hosting platform. To the fullest extent permitted by law, SOUTH SHORE SUNFISH will not be liable to Organization for damages or refunds, or for any other recourse, should our Course or Course Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Course or Course Materials inaccessible to Instructors.
6.3 Limitation of Liability & Indemnification. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, SOUTH SHORE SUNFISH HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, OR IMPLIED. In no event will SOUTH SHORE SUNFISH be liable to Organization for consequential or special damages.
Notwithstanding any damages that Organization may incur, SOUTH SHORE SUNFISH’s entire liability under this agreement, and Organization’s exclusive remedy, will be limited to the amount paid by Organization to SOUTH SHORE SUNFISH under this agreement for all services rendered up until the termination date. SOUTH SHORE SUNFISH is not liable for, and Organization is not entitled to, any additional damages, including but not limited to consequential, special, punitive, or incidental damages.
6.4 Entire Agreement of the Parties. This Agreement, together with the Scope of Services described herein, supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by SOUTH SHORE SUNFISH. Any modification of this Agreement or the Scope of Services will be effective only if it is in writing signed by the Parties.
6.5 Partial Invalidity. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.6 Interpretation. Whenever the words "include," "includes," or "including," are used in this Agreement, they shall be deemed to be followed by the words "without limitation." The headings in this Agreement are for convenience and identification only and are in no way intended to describe, interpret, define, or limit the scope extent or intent of this Agreement or provision thereof.
6.7 Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, SOUTH SHORE SUNFISH and Organization, and their respective successors and assigns.
6.8 No Waiver. No consent or waiver, express or implied, by any party to or of any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party hereunder. Failure on the part of any party to complain of any act or failure to act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party of any of its rights hereunder.
6.9 Governing Law and Venue. This Agreement is governed by and construed in compliance with the laws of the Commonwealth of Massachusetts without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the Commonwealth of Massachusetts or of any other jurisdiction) that would cause the application of the laws of any jurisdiction except the Commonwealth of Massachusetts. Any claims under this agreement may only be brought before a court of competent jurisdiction in Suffolk County, Massachusetts.
By purchasing the course the organization is executing this agreement, and acknowledge that they have read and understand the terms above and attests that they have the authority to enter into this Agreement.