THE SWIMMER'S DOC

Section 1 - Website Owner, Offering, and Binding Terms 

This website is owned and operated by Sandra Harrell, “The Swimmer’s Doc”, and Hybrid Performance Method, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors consultation and coaching services, as well as training programming to improve health and wellness, fitness, and swimming. No physical therapy services are provided. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Section 2 - Who Can Use This Site

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Section 3 - Key Commercial Terms

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

 

Section 4 - Return and Refund Policy

Please see return policy. For all physical products, please follow return and refund policies provided by the corresponding companies you purchased items through. No returns or refunds accepted for digital products or services purchased through The Swimmer's Doc.

 

Section 5 - Retention of Right to Change Offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Section 6 - Warranties and Responsibilities for Services and Products

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

 

Section 7 - Ownership of Intellectual Property, Copyrights, and Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Sandra Harell, “The Swimmer’s Doc”, and Hybrid Performance Method, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website or repurposed for social media content.

 

Section 8 - Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

Section 9 - Indemnification

You agree to indemnify and hold Sandra Harrell “The Swimmer’s Doc” and Hybrid Performance Method, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Section 10 - Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Sandra Harrell “The Swimmer’s Doc” and Hybrid Performance Method, LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. This is applicable to any organization Sandra Harrell "The Swimmer's Doc" and Hybrid Performance Method, LLC is affiliated with. 

 

To the maximum extent permitted by applicable law, Sandra Harrell “The Swimmer’s Doc" and Hybrid Performance Method, LLC assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. This is applicable to any organization Sandra Harrell "The Swimmer's Doc" and Hybrid Performance Method, LLC is affiliated with. 

 

Section 11 - Right to Change and Modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Section 12 - Promotional Emails and Content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

Section 13 - Preference of Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States of America and the state of California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Kern County, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Section 14 - Provisions for Websites with User Communities

You agree to a public profile when you join “The Swimmer’s Doc” community. This entails that your profile is publicly visible to site visitors, and that your public activity (such as your posts or comments) will be visible to other visitors of the website.

 

You can always opt-out and exit the community, and upon doing so, such your profile will not be publicly visible. Naturally, in such an event, you will not be able to use the community features (e.g. liking, commenting or writing posts).

 

Section 15 - Customer Support Details and Contact Info

To receive customer support services or correspond with Sandra Harrell or operators of “The Swimmer’s Doc”, email us at sandra@theswimmersdoc.com