Terms of Use — Miller Swimming

Terms of use.

The Miller Swimming ("Company," "we," "us," "our," “Miller,” or “Miller Swimming”) website (“Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.millerswimming.om constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference if necessary.

Privacy and Security

Your use of the Site is subject to the Miller Swimming Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

We recommend that you DO NOT SEND ANY UNSOLICITED CONFIDENTIAL INFORMATION TO THIS SITE. Miller Swimming is extremely sensitive to protecting confidential information. Communications or materials that we receive and are aware of that contain confidential information, (including any data, questions, comments, suggestions, or the like) will be treated as personally identifiable information as per our Privacy Policy.

In addition to the physical and networking security provided by our hosting service, Miller Swimming’s websites implement SSL (Secure Sockets Layer) technology to encrypt all web traffic. This technology protects information in transit from any unauthorized interception.

Electronic Communications

Visiting the Miller Swimming Site or sending emails to Miller Swimming constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Payment, Cancellation, & Refund Policy

All payments of any type are final and used for the specific service you signed up for.

Links to Third Party Sites/Services

The Miller Swimming Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Miller Swimming and Miller Swimming is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Miller Swimming is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Miller Swimming of the site or any association with its operators. Certain services made available via the Miller Swimming Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.millerswimming.com domain, you hereby acknowledge and consent that Miller Swimming may share such information and data with any third party with whom Miller Swimming has a contractual relationship to provide the requested product, service or functionality on behalf of our Site’s users and customers.

International Users

This Site is controlled, operated and administered by Miller Swimming from our location within the United States of America. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Miller Swimming Content accessed through www.millerswimming.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Liability Disclaimer

The information, software, products, and other services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Miller Swimming and/or its suppliers may make improvements and/or changes in the site at any time. Miller Swimming and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.

Miller Swimming and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Miller Swimming and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Miller Swimming or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Copyright

This site and all material contained in this site is protected by copyright unless otherwise indicated. This includes text, graphics, logos, buttons, icons and images. Such material may not be used except as provided in these terms and conditions without the express written permission of Miller Swimming. We grant you permission to download material displayed on this site for your personal, noncommercial use only, provided that you retain all copyright and other ownership notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the site for public or commercial purposes. This includes the use of any text, images, audio and video without express written permission of Miller Swimming. The images of people or places displayed on this site are either owned by Miller Swimming or are used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

User Conduct

You understand that you are the sole person that is responsible for any and all information that you post, upload, email or transmit to or from this site, including, but not limited to, all information, data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are prohibited from collecting or storing personal information about other users and from stalking or harassing another. Furthermore, you are prohibited from engaging in any conduct that is harmful to minors in any way.

Indemnity

You agree to indemnify and hold Miller Swimming, its subsidiaries and affiliates, agents, elders, officers, directors, or other employees harmless from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from content you submit, post, transmit, or make available through this site, your use of this site, your connection to this site, your violation of these Terms of Use, or your violation of any rights of another.

Applicable Law & General Information

This Site is created and controlled by Miller Swimming in the state of North Carolina, USA. As such, the laws of the state of North Carolina shall apply to the foregoing disclaimers, terms and conditions, including the Miller Swimming Privacy Policy, without giving effect to any principles of conflicts of laws. You agree to submit to the personal jurisdiction of the state and federal courts located in the state of North Carolina for any claim or dispute against Miller Swimming arising under these disclaimers, terms and conditions, including the Miller Swimming Privacy Policy.

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Miller Swimming regarding this Site. You must file any claim or suit arising from the use of this site within one year from the date on which the claim arises. The failure of Immanuel to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Finally, the section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever.

Changes to Terms

Miller Swimming reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms will supersede all previous versions. Miller Swimming encourages you to periodically review the Terms to stay informed of our updates.

Questions or Concerns

If you have questions or concerns about these Terms of Use, please contact us at: coach@millerswimming.com.

Updated on March 15, 2023