Terms & Conditions

General Terms of Use

Cherry Swim operates the web site located at www.Cherryswim.com  (the “Web Site”). We acknowledge that you care how information about you is used and shared. We have created these terms and conditions, as well as an associated privacy policy, in order to describe our collection, use and disclosure of personal data you may make available to us when you access or use our software or websites, or any of our other products or services.  These terms and conditions constitute a binding agreement between you and Cherry Swim or the company operating our Services for the country in which you live or in which that business may be headquartered.  You agree to accept these Terms and Conditions each time you use or access any of our websites or our Services.

We may revise these Terms and Conditions at any time by posting an updated version to our Web Site. If the revision is material, we will notify you through the Products, through Email, or by display via our website. This page should be reviewed periodically to review the most current Terms and Conditions.

The Privacy Policy associated with these Terms and Conditions covers only data that we collect through our Services.

Our Services only identify and include our services on our website (Cherry Swim) and or our mobile website (Cherry Swim). Our Services may also include features designed to allow Users to create individual accounts or profiles, which may, at the User’s sole and complete discretion, include personal information, which may, in whole or in part, become accessible by other Users or by the public at large.

Privacy Reminder

Protect your personal information by never providing social security, credit card or bank account numbers to anyone.  We will never ask you for any of this type of personal information unless you have already made a decision to make a purchase in connection with our Service, and are prepared to give us this information. Any payment that is made will be made through a secured link.

 

You may decide to register an account in connection with our Services.  When you register an account, you may be asked to choose a username or a password for your account.  You are responsible for maintaining the confidentiality of the username and password you choose during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account each time you finish using our Services.

Shipping 

When you place an order through our Services, your order will be shipped to the address designated by you as long as that shipping address is compliant with the shipping restrictions of our Services. All purchases through our Services are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased through our Services pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Placing an Order

Please follow the instructions associated with our Services to place any orders.  Your placement of an order constitutes an offer to us to buy our products.  After receiving an order, an e-mail acknowledging that we have received your order (an “Order Confirmation”) will be sent to the email used to purchase our product.  While it is our practice to confirm orders by email, the receipt of an Order Confirmation does not constitute our acceptance of an order, or our confirmation of an offer to sell a product.  All orders are subject to subsequent acceptance by us, and we will generally confirm such acceptance to you by sending you a communication, typically via e-mail, confirming the shipment of your order (the “Shipping Confirmation”). 

A contract with us will be formed only when you receive the Shipping Confirmation.  The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation.  We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation.  We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory.  We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.  We may also require verification of information prior to the acceptance and/or shipment of any order.

Accuracy of Information

We attempt to ensure that information we provide to you through our website is complete, accurate and current. Despite our efforts, however, the information we provide to you through our site may occasionally be inaccurate, incomplete, or out of date. In addition, we may make changes in information about price and availability without notice.  

We will attempt to correct any pricing errors on products or services offered through our Services as and when discovered.  However, our Services may contain a large number of products and services, and it is always possible that, despite our best efforts, some of the products or services offered through our Services may be incorrectly priced.  We will normally attempt to verify prices as part of our shipping procedures so that, where the correct price is less than our stated price; we will charge the lower amount when shipping the products to you.  If the correct price is higher than the price stated on the Web Site, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you of such rejection. 

We shall not provide products or services to you at an incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

Limited Warranty

We want you to be satisfied with your purchase of our products, and will do our best to assist you in the unlikely event of a manufacturer’s defect.  Our limited warranty is valid to the original product owner for six months from the date of purchase and covers defects in materials and workmanship that may occur under normal wear. We will not assist with, do not warrant, and are not responsible for damages caused by misuse, abuse, accidents, alterations, and the natural breakdown of materials over time or conditions that may be reasonably expected with normal wear or failure to follow care instructions. All determinations as to whether a defect was a manufacturer’s defect or not shall be subject to our sole discretion.

Additionally, this limited warranty only applies to original products purchased through authorized channels of trade. We cannot assure the quality or genuineness of products purchased through any other channels of trade.

Authorization to Use Our Products and Content.

We authorize you, subject to these Terms and Conditions, to access and use our Services and our Content (as defined below) solely for your personal, non-commercial use. The contents of our Services, such as designs, text, graphics, images, video, information, logos, graffiti art, button icons, software, source code, audio files, and any other of our Content (collectively, our “Content ") are protected under copyright, trademark, and other laws. All of our Content is the property of or its licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on our Services is the exclusive property of Cherry Swim LLP and is protected by copyright, trademark, and other laws. Unauthorized use of our Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited.  You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Content on any authorized copy you make of our Content.

You agree not to sell or modify our Content or reproduce, display, publicly perform, distribute, or otherwise use our Content in any way for any public or commercial purpose, in connection with products or services that are not those of our Services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us or our licensors, that dilutes the strength of our or our licensor’s property, or that otherwise infringes our or our licensor’s intellectual property rights. You further agree to in no other way misuse our Content. The use of our Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that we create to generate or display any of our Content or any of our Product design  is also protected by our copyrights, and you may not copy or adapt such code. 

Additional Terms

 If you decide to register an account with any of our Services, you may be asked to provide us with certain information including information which may be personal information, such as your email address, credit/debit card information, address.

We reserve the right to offer or promote our or third-party products and services to you at any time.  Such offers and promotions may be made by us or by third parties, and may be made directly through our Services, or via any method of personal information you provide to us.  If you decide to provide us with personal information, you consent to us contacting you via means of that personal information, which may include contact for the purpose such as offering or promoting our or third-party products and services. Cherry Swim will never sell your personal information to third parties. 

You understand and acknowledge that you have no ownership rights in your Account, and that if you cancel your Account or your Account is terminated, any information you have submitted in connection with your account, which may include personal information, may be marked as deleted in, and may be deleted from our databases, and may be removed from any public area of our Services.  Any credits or funds associated with your Account may be forfeited as well. Information may not be immediately deleted, and may continue to be available for some period of time because of delays in propagating such deletion through our web servers. In addition, third parties to whom you have given your personal information to may retain saved copies of your information. We reserve the right, in our sole discretion, to delete any Account you may have and all of your information after a significant duration of inactivity. 

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.

We respect the intellectual property rights of others, and will respond to notices of alleged copyright and trademark infringement that comply with applicable law and are properly provided to us.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

• identification of the copyrighted work claimed to have been infringed;

• your contact information, including your address, telephone number, and an email address;.

We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. To reach our designated copyright agent for notices of alleged copyright infringement, contact us at:

Cherry Swim LLP

Copyright Agent 

1 Westbrook Corporate Ctr Suite 300

Westchester, IL 60154

Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Anyone who is found to have done the following; unauthorized posting, reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes infringement of the copyright owners’ rights, we reserve the right to terminate and block access to our services. We also reserve the right to take legal action.

 No Liability

 We are not involved in, and do not control, any submissions made between Users. As a result, we are not responsible for User Content. While we reserve the right in our sole discretion to remove User Content from our Services from time to time, we do not assume any obligation to do so, and to the extent permitted by law, disclaim any liability for failing to take any such action. If you believe that something on any of our Services violates these Terms and Conditions, please contact our designated agent as set forth above. 

No Resale or Unauthorized Commercial use

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Our Services. 

Indemnity 

You agree to defend, indemnify, and hold Cherry Swim, LLP, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from (i) any User Content or other material you provide to any of our Services, (ii) your use of any of our Content, or (iii) your breach of any terms of these Terms and Conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding.

 Mobile Devices and Software

Certain of our Services may be embodied in or accessible via software for a mobile device (“Mobile Software”). To use or access our services via Mobile Software, you must have a mobile device that is compatible with the Mobile Software. We do not warrant that any Mobile Software will be compatible with your mobile device, or that any of our services with be compatible with your or our Mobile Software or your mobile device. 

You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

You acknowledge that we may from time-to-time issue upgraded versions of any of our Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

When you access our Services using a mobile device, including through any of our or your Mobile Software, we may also have transmitted to us certain unique identification numbers or other identifiers associated with your device or the Mobile Software.   We are currently working to provide our customers with a mobile app. We will update soon