Terms of Use

Effective Date: November 13, 2025

Introduction

Welcome to theswimcenter.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and KLR Entities DBA The Swim Center, (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”). Your accessing and use of the site and its contents constituted your agreement to these terms and conditions.

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

2. Access to the Services

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

3. Policy for Using the Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.

3.2 Geographic Restrictions

The Company is based in the United States of America, in the State of Georgia. The Services are for use by persons located in the United States only.

4. Intellectual Property Rights

4.1 Ownership of Intellectual Property

The appearance, design, content and graphics of this Web site are the property of the Company and are protected by applicable copyright laws and may not be copied, used, reproduced, altered, distributed, or transmitted in whole or in part without the express written consent of the Company which reserves all rights. Re-use of any of the content or graphics in any medium, electronic or otherwise, for any purpose is strictly prohibited. Any unauthorized use of the text, images, audio and video may violate copyright, trademark, privacy and publicity laws and other civil and criminal statutes of the United States and other countries.

4.2 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

5. Feedback to the Company

If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

6. Assumption of Risk

The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.

7. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (https://theswimcenter.com/privacy-policy/).

You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

8. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

9. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.

11. Disputes

11.1 Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any conflict of law principles.

11.2 Dispute Resolution and Mandatory Arbitration

BY PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU EXPRESSLY AGREE THAT YOU WILL RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY LAWSUIT AGAINST THE COMPANY.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, “Disputes”) SHALL BE SETTLED BY BINDING ARBITRATION and not in a court of law. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the State ofGeorgia United States. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the American Arbitration Association.

The arbitrator’s award shall be final and binding on all parties and may be entered and enforced in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

12. Miscellaneous

12.1 Waiver

Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

12.2 Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

12.3 Entire Agreement

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

12.4 Headings

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.

12.5 No Agency, Partnership or Joint Venture

No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.

12.6 Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

12.7 Force Majeure

The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation: acts of God; flood, fire, earthquake, explosion, or other natural disaster; epidemic or pandemic; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law, or actions; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortage of adequate power or telecommunications or transportation facilities; or any other similar events.

12.8 Compliance with Laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and your listing, purchase, solicitation of offers to purchase, and sale of items.

12.9 No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

13. SMS/Text Messages

13.1 SMS Program Description

Our SMS program provides text messages for appointment reminders, events, receipts, customer service, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services.

13.2 Opting Out

You can cancel the SMS service at any time. Simply text “STOP” to the number provided. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially.

13.3 Help and Support

If you experience issues with the messaging program, reply with the keyword “HELP” for more assistance or email info@theswimcenter.com.

13.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

13.5 Message and Data Rates

Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

13.6 Recurring Messages Disclosure

By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. Depending on your service selection, you may receive regular recurring messages. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services.

13.7 SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. 18.9 Privacy for SMS Services For privacy-related inquiries regarding our SMS service, please refer to our Privacy Policy: https://theswimcenter.com/privacy/

14. Additional Protections and Liability Waivers

14.1 Data Security Standards

The Company implements reasonable security measures to protect your personal information in accordance with industry standards. However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

14.2 Service Level Commitment

While the Company strives to maintain 99.9% uptime of the Services, we do not guarantee uninterrupted access to the Services and shall not be liable for any downtime or service interruptions.

14.3 Refund Policy

Unless otherwise specified at the time of purchase, all sales are final and non-refundable. In cases where a refund is granted at the Company’s sole discretion, the refund will be issued using the original payment method.

14.4 Account Information Updates

You are responsible for promptly updating your account information if there are any changes to your contact information or billing information.

14.5 Reservation of Rights

All rights not expressly granted to you in this Agreement are reserved by the Company.

14.6 Waiver of Right to Sue

BY PURCHASING OR USING OUR PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO SUE THE COMPANY IN COURT OR PARTICIPATE IN A CLASS ACTION LAWSUIT. You understand and agree that all disputes will be resolved exclusively through binding arbitration as described in Section 16.2. This waiver is intended to protect the Company from all forms of litigation, including predatory lawsuits and frivolous claims.

14.7 Protection Against Vexatious Litigation

You agree not to bring, participate in, or support any vexatious, frivolous, or predatory litigation against the Company. Any attempt to circumvent the arbitration provision through such litigation shall entitle the Company to recover all legal costs, attorney’s fees, and expenses associated with defending against such actions, regardless of the outcome.

14.8 Covenant Not to Sue

You covenant and agree that you will not sue or file any action, claim, or legal proceeding against the Company or its employees, officers, directors, affiliates, or agents in any jurisdiction for any claims arising out of or in connection with your use of the Services, this Agreement, or any other matter related to the Company’s products or services.

14.9 Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

15. Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 8 (Copyright Infringement). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

Email: info@theswimcenter.com

Last Updated: November 13, 2025