Terms of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE (“TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF “THESWIMMINGHOLE.CLUB” and/or “THE SWIMMING HOLE CHECK-IN” APPLICATION (“APPLICATION”) AND ANY SERVICES, INFORMATION, TEXT, GRAPHICS, PHOTOS OR OTHER MATERIALS UPLOADED, DOWNLOADED OR APPEARING ON THE APPLICATION (COLLECTIVELY REFERRED TO AS “CONTENT”). BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS.

This Application is owned and operated by Swimming Hole, LLC (“Swimming Hole”, “we”, “us” or “our”).

1. ACCEPTANCE OF TERMS

By installing, using, or accessing our Application, you agree to abide by these Terms of Service, our Privacy Policy, and any other policies we post. If you do not agree to these terms, you must cease using our Application immediately.

2. USER REQUIREMENTS AND CONDUCT

The Application is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

You agree not to use the Application to post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable as outlined by us.

3. INTELLECTUAL PROPERTY RIGHTS

All right, title, and interest in and to the Application (excluding User Content) are and will remain the exclusive property of Swimming Hole, LLC and its licensors. The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries.

4. USER CONTENT

You are solely responsible for the content you post on the Application. You agree to not post content that is false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable.

5. PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

6. MODIFICATION OF THESE TERMS

Swimming Hole, LLC reserves the right to modify these Terms of Service at any time. If the Terms are changed, we will post the new Terms on the Application and update the “Last Updated” date. Your continued use of the Application signifies your acceptance of any changed terms.

7. DISCLAIMER OF WARRANTIES

Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. Swimming Hole, LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8. LIMITATION OF LIABILITY

In no event will Swimming Hole, LLC, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the Application.

9. GOVERNING LAW AND JURISDICTION

These Terms of Service and any action related thereto will be governed by the laws of the United States of America without regard to or application of its conflict of law provisions or your state or country of residence.

10. CONTACT

If you have any questions about these Terms, please contact Swimming Hole, LLC at info@swimmingholecheckin.com.

Last Updated: May 24, 2023