Welcome

Use of the Website

Eligibility

You represent that you are at least 18 years old or are using the website under the supervision of a parent or legal guardian.

Limited License

Swimnerd grants you a limited, revocable, non-transferable, non-exclusive license to access and use this website solely for shopping and personal use.

Any commercial use, resale, redistribution, reproduction, reverse engineering, modification, or exploitation of the website or its content without prior written permission is prohibited.

Health Information

Content provided on this website is for informational purposes only and should never replace professional medical advice. Always consult a licensed physician or qualified healthcare provider before participating in strenuous physical activity.

Third-Party Products

Descriptions and representations of products not manufactured by Swimnerd are provided by their respective manufacturers. Swimnerd does not independently warrant or guarantee those claims.

Account Security

If you create an account, you are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.

You agree to notify Swimnerd immediately of any unauthorized use of your account or any suspected security breach.

Reviews & User Content

Any ideas, reviews, comments, suggestions, questions, or other submissions provided to Swimnerd may be treated as non-confidential and non-proprietary.

By submitting content, you grant Swimnerd a worldwide, royalty-free, perpetual license to use, reproduce, publish, modify, distribute, display, and create derivative works from that content.

Intellectual Property

All content on this website—including text, graphics, logos, images, videos, software, product designs, and documentation—is owned by Swimnerd, its affiliates, licensors, or suppliers and is protected by United States and international copyright, trademark, and intellectual property laws.

You may not reproduce, copy, distribute, modify, republish, or commercially exploit any content from this website without prior written permission from Swimnerd.

The Swimnerd name, logos, slogans, and related branding are trademarks of Swimnerd. Unauthorized use is strictly prohibited.

Privacy Policy

Your use of this website is also governed by our Privacy Policy, which explains how we collect, store, and use personal information. By using this website, you also agree to the practices described in our Privacy Policy.

Orders, Accounts & Risk of Loss

Risk of Loss

Ownership and risk of loss for products purchased through Swimnerd transfer to you once the products have been delivered to the shipping carrier.

Your Account

If you create a Swimnerd account, you are responsible for maintaining the confidentiality of your username and password and restricting access to your account.

You accept responsibility for all activities that occur under your account.

Termination

Swimnerd may immediately suspend or terminate your access to the website or revoke any rights granted under these Terms of Service without prior notice if you violate these Terms or applicable law.

Termination does not affect any obligations or liabilities that arose prior to termination, including payment obligations.

International Access

This website may be accessed from countries outside the United States.

Users who access the website from outside the United States are responsible for complying with all local laws and regulations applicable within their jurisdiction.

Availability of products outside the United States is not guaranteed unless specifically stated.

Disclaimer of Warranties

Except where expressly stated, this website, all content, software, products, and services are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, Swimnerd disclaims all express and implied warranties, including but not limited to:

Swimnerd does not guarantee that the website will always operate without interruption, delay, bugs, viruses, or other technical issues.

Limitation of Liability

To the fullest extent permitted by applicable law, Swimnerd shall not be liable for indirect, incidental, consequential, exemplary, punitive, or special damages arising out of or relating to your use of this website, products, software, or services.

This includes, but is not limited to:

Where permitted by law, Swimnerd's maximum liability shall not exceed the amount you actually paid to Swimnerd for the applicable purchase immediately preceding the event giving rise to the claim.

Pricing Errors

Although we work hard to ensure accurate pricing and product information, occasional errors may occur.

If a product is listed with an incorrect price or incorrect information due to typographical errors or supplier information, Swimnerd reserves the right to refuse or cancel any order placed for that product, regardless of whether payment has already been received.

If payment has already been processed, Swimnerd will promptly issue a refund for the incorrect purchase.

Links to Third-Party Websites

This website may contain links to third-party websites that are owned and operated by others.

These links are provided solely for your convenience. Swimnerd does not control, endorse, or assume responsibility for the content, policies, products, services, or practices of any third-party website.

Accessing third-party websites is done entirely at your own risk.

Copyright Complaints

Swimnerd respects the intellectual property rights of others.

If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us with sufficient information so that we may investigate and respond appropriately.

Remedies

You acknowledge that any unauthorized use of the website or violation of these Terms may cause irreparable harm to Swimnerd for which monetary damages alone may be insufficient.

Accordingly, Swimnerd may seek injunctive relief, specific performance, or any other equitable remedy available under applicable law in addition to any other legal remedies.

No waiver of any right or remedy by Swimnerd shall be considered a continuing waiver of that or any other right.

Applicable Law

These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

The website is operated from Virginia Beach, Virginia, and these Terms shall be governed accordingly.

Dispute Resolution

Any dispute relating to your use of the Swimnerd website or products shall be submitted to confidential arbitration in Virginia Beach, Virginia, except where Swimnerd seeks injunctive or equitable relief relating to intellectual property rights.

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Contact Information

Swimnerd Mobile App Terms (EULA)

The following End User License Agreement ("EULA") governs your use of the Swimnerd mobile applications and related services.

By installing, downloading, accessing, or using the Swimnerd software or services, you agree to be bound by this End User License Agreement.

Software License

Subject to these Terms, Swimnerd grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on a compatible device that you own for your personal, non-commercial use.

The Software is licensed—not sold—and all ownership rights remain with Swimnerd.

Your license terminates automatically if you violate any provision of this Agreement.

License Restrictions

Unless expressly permitted by Swimnerd, you may not:

Certain features of the Software require an active internet connection. Standard data charges from your wireless carrier may apply.

Privacy & Data

Your use of the Swimnerd Software is also governed by our Privacy Policy. By using the Software, you consent to the collection, storage, and use of information as described in that Privacy Policy.

Swimnerd may collect diagnostic information, crash reports, device information, and usage analytics to improve the Software and provide customer support.

Some features may require internet access or communication with Swimnerd servers. Standard carrier or internet service provider charges may apply.

Software Updates

Swimnerd may periodically release software updates, bug fixes, feature improvements, security patches, or new functionality.

These updates may be installed automatically or may require manual installation depending on your device or operating system.

Continued use of the Software after an update constitutes acceptance of the updated Software and any revised Terms of Service.

Software Warranty Disclaimer

The Swimnerd Software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind except where prohibited by applicable law.

You assume all risks arising from your use of the Software.

Limitation of Liability

To the fullest extent permitted by law, Swimnerd shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of the Software or Services.

This includes loss of profits, loss of business, loss of data, interruption of service, hardware failure, or other commercial damages.

Where liability cannot legally be excluded, Swimnerd's total liability shall not exceed the amount you paid for the applicable Software or Service.

Export Compliance

You agree not to use, export, or re-export the Software except as authorized by United States law and the laws of the jurisdiction where the Software was obtained.

By using the Software, you represent that you are not located in a country subject to United States embargoes and are not listed on any United States government restricted party list.

Government Users

The Software and related documentation are commercial computer software and commercial computer software documentation as those terms are defined under applicable United States government regulations.

Government users receive only those rights expressly granted under this Agreement.

Indemnification

You agree to defend, indemnify, and hold harmless Swimnerd, its owners, employees, affiliates, licensors, suppliers, and service providers from any claims, damages, liabilities, costs, expenses, or attorney's fees arising from:

Apple App Store Notice

If you downloaded the Swimnerd application through Apple's App Store, you acknowledge that Apple is not responsible for the Software, its maintenance, support, warranty obligations, or claims relating to the Software.

Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce its terms where applicable.

Entire Agreement

These Terms of Service, together with our Privacy Policy, Return Policy, Warranty Policy, and any additional policies referenced on the website, constitute the complete agreement between you and Swimnerd regarding your use of the website, products, software, and services.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.