our terms and conditions

Terms & Conditions

These Terms of Service (“Terms”) govern your access to and use of Maui Float On Swim Lessons, LLC private swim services including but not limited to our services, up to our level of certified care. Your use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who use the Service. Please read them carefully before using the Service.

Your Conduct 

You are solely responsible for your conduct and your communications with others while using our Service. We may choose to review communications between Instructor & Client to review content with our community guidelines, but you acknowledge that Maui Float On Swim Lessons, LLC has no obligation to monitor your communication or information during our Services.

Your Intake Form Information

You must provide us accurate information when you fill out your Swimmer Intake Form, to the best of your knowledge. If you connect to Maui Float On Swim Lessons, LLC with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. 

Intellectual Property

All right, title, and interest in and to Maui Float On Swim Lessons, LLC  are and will remain the exclusive property of Maui Float On Swim Lessons, LLC and it’s licensors. The company is protected by ownership, licensing, and other laws of the United States. Any feedback, comments, or suggestions that you may provide regarding Maui Float On Swim Lessons, LLC, or the Service provided is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Acceptable Use of Maui Float On Swim Lessons, LLC 

Maui Float On Swim Lessons, LLC is trusted by our clients, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things: use the Service for any unlawful purposes or for promotion of illegal activities, misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others. International clients agree to comply to all local laws regarding conduct and acceptable conduct. 

We may investigate and suspend your Service if you violate any of the above rules. 

Furthermore, we reserve the right to immediately terminate your Service without further notice in the event that, in our sole and absolute judgement, you violate the Terms or abuse the use of our Service. 

Privacy

We care about the Privacy of our clients and students. We collect, use and share personally identifiable information and non-personally identifiable information in our Privacy Policy. You agree that by using the Service, you agree to the collection of such information, and to have your personal information collected and processed through Acuity and in accordance with United States Law.

Third Party Links

Maui Float On Swim Lessons, LLC may have links to third-party websites, locations, advertisers, services, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third party location, website, you do so at your own risk, and you understand that these Terms & Conditions do not apply to your use of third party locations or sites. You expressly relieve Maui Float On Swim Lessons, LLC from any and all Liability arising from your use of third parties and agree that your dealings with any third parties is only between you and such third parties. You agree that we are not responsible to any loss or damage of any sort in your dealings with such.

Modifications

We may revise these Terms and the most current version will always be posted on our website. If a revision, in our sole discretion, is important material, we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services. 

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAUI FLOAT ON SWIM LESSONS, LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MAUI FLOAT ON SWIM LESSONS, LLC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Maui Float On Swim Lessons, LLC in controlled and operated in the United States. We make no representations that our Service is available for use in other locations. You may not use the Service if you are a resident of a country embargoed by the United States or a foreign person or entity blocked or denied by the United States government. 

Misc Legal 

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void. 

In the unlikely event that Maui Float On Swim Lessons, LLC has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy, arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof in the city of Honolulu, Hawaii under the commercial and LLC rules then in effect, as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for experts and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Maui Float On Swim Lessons, LLC from seeking injunctive or other equitable relief from the courts as necessary to protect any of Maui Float On Swim Lessons, LLC proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAUI FLOAT ON SWIM LESSONS, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that the Services are based in Maui County, Hawaii; and these Terms are governed by the internal substantive laws of the State of Hawaii. 

These Terms, together with any amendments and any additional agreements you may enter into with Maui Float On Swim Lessons, LLC  in connection with the Service, will constitute the entire agreement between you and Maui Float On Swim Lessons, LLC regarding the service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Maui Float On Swim Lessons, LLC failure to assert any right or provision under these Terms shall no constitute a waiver of such right or provision. 

Please contact us at (707) 410-3715 or floatonswim@gmail.com with any questions regarding these Terms.