User Agreement

Terms and Conditions of Use
NRG Swimming, Inc. provides this Internet site and related services subject to your compliance with the terms and conditions set forth below. Your continued use of this site evidences your agreement to them. Please read the following information carefully.

Address and Contact Information
NRG Swimming, Inc.
629 Continental Road
Hatboro, PA 19040
215.672.1622

Warning
The information contained in the Site is presented for the purpose of educating participants on coaching and playing various activities. No activity should be engaged in without the prior consent of a physician. Further, NRG makes no claims on the safety or appropriateness of any information found on the site.

NRG makes no warrant as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site. NRG cannot and does warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. NRG cannot and does not guarantee or warrant that files available for downloading from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system. NRG does not warrant that this Site will be delivered to you over the Internet uninterrupted or error-free or that defects will be corrected. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to NRG, including, but not limited to User web pages.

All information in bulletin boards or chat sessions should be relied on by you at your own risk. You assume the risk that the data is incorrect or inaccurate. No such information should be construed as the advice of a professional.

Intellectual Property and Use of the Site
All text, graphics and multimedia content available from the entry point URL http://www.nrgswim.com and pages within that domain (the "Site") and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of NRG and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by NRG or by other parties that have licensed their material to NRG (or posted to the Site pursuant to a user agreement with NRG). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.

"NRG " logos are trademarks and service marks of NRG Swimming, Inc.. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.

Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by NRG on NRG- provided user Web pages through the standardized NRG selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to the site does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings made available by NRG or its affiliated companies through the site, including (without limitation) any transmission, retransmission, or further transmission of them transmitted through the Site.

NRG has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact NRG immediately.

You may notify NRG of alleged intellectual property rights infringement by contacting NRG at:

NRG Swimming
629 Continental Road
Hatboro, PA 19040
215.672.1622

No Warranties
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), NRG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NRG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NRG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), NRG IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.

Although NRG attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the site could include inaccuracies or errors, and that unauthorized additions, deletions and alternations could be made to the site by third parties. In the event that an inaccuracy arises, please inform NRG so that it can be corrected.

Limitation of Liability
NRG, its affiliates and sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Site, Site-related services and/or content, or information contained within the Site. Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services.

Posted Information and Internet Services Provided By NRG
The information and opinions expressed on user Web pages, or in bulletin boards, chat rooms, or other forums conducted on the site are not those of NRG or its affiliated or related entities or content providers. NRG merely provides the Internet Services by which third parties are able to post information to certain NRG Site areas. While NRG may remove any such content provided by third parties for any reason whatsoever, NRG does not undertake to review or monitor such discussions or Web page content. NRG makes no representations or warranties regarding that information or those opinions. Neither NRG nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of nay kind or character whatsoever based upon or resulting from any information or opinions provided at the site.

By developing a Web page through NRG site or providing any other information to NRG (such as through a chat or by posting to a bulletin board), you grant to NRG a non-exclusive, worldwide, royalty-free, perpetual license to any Web page information (including but not limited to text, graphics, video, and sound), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as "User Content"). You hereby grant to NRG the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such User Content. When you submit material to the Site, you agree that NRG has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.

NRG is not responsible for any material posted on our forums, or elsewhere. You shall not submit or otherwise publish through such forums, or elsewhere, any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone's copyrights or trademarks (by way of example, you shall not use the term "Little League" and understand and agree that "Little League" is a trademark of Little League Inc. If a third party notifies NRG of your trademark violation, including, without limitation, the Little League trademark, NRG shall be forced to remove said material from your site without notice to you); (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify NRG and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

Limited Distribution and Territorial Considerations
Unless otherwise specified, all materials in the Site are presented solely for the purpose of entertainment and promoting programs, music and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by NRG from its offices within the State of Pennsylvania, U.S.A. NRG makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Pennsylvania by NRG.

Operation
NRG reserves the right to withdraw, suspend or discontinue any functionality or features in the Site, including the cessation of all activities associated with the Site.

Privacy and Data Collection
By visiting the NRG site, you expressly consent to the collection and use by NRG of personally identifiable information, on an individual and an aggregate basis, as set forth in the Privacy and Data Collection Policy.

General Provisions
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Pennsylvania, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party, or NRG bring to enforce this agreement, or in connection with any matters related to this site, shall be brought only in either the state or Federal courts located in Montgomery County, Pennsylvania. You expressly consent to the jurisdiction of said courts.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by NRG.

NRG reserves the right to change or update these terms and conditions of use at any time. Any changes or updates will be effective immediately upon posting to the site.