Training Plans Terms and Conditions

Agreement between User and liquidtri.com

Welcome to liquidtri.com. The liquidtri.com website (the "Site") is comprised of various web pages operated by Endurance Swimming, LLC ("Endurance Swimming"). liquidtri.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of liquidtri.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Liquidtri.com is an E-Commerce Site.

Liquidtri.com and Endurance Swimming is here to provide people with training tips for swimming and triathlon. We also provide coaching services and online training plans to help athlete train on their own. Our services include online and in person coaching programs that provide individual training plans to athletes. Our online training swim plans and ebooks for sale are generic swim programs that athletes can purchase to use to train on their own at their own risk. Our marathon swim training plans are tailored to each individual and athletes can purchase to use to train on their own at their own risk.

Privacy

Your use of liquidtri.com is subject to Endurance Swimming's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting liquidtri.com or sending emails to Endurance Swimming constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Endurance Swimming is not responsible for third party access to your account that results from theft or misappropriation of your account. Endurance Swimming and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Agreement to Training Plan Terms

By purchasing a swim training plan from Endurance Swimming, LLC, you agree to be bound by these Terms and Conditions. Please read them carefully before making a purchase.

Eligibility

Purchasers must be at least 18 years old or have the consent of a parent or guardian. You must also have medical clearance from a healthcare professional to participate in marathon swimming training.

Training Plan Description

Our swim training plans are designed to prepare swimmers for marathon swim distances. Each plan includes customized training schedules and guidance tailored to the goals of the purchasing athlete. The specifics of the plan will be detailed upon purchase.

Refund Policy

Due to the personalized nature of the swim training plans, we do not offer refunds once the plan has been delivered. If you are dissatisfied with your plan, please contact us to discuss possible adjustments.

Health and Safety

You acknowledge that swimming and marathon swimming is a physically demanding activity that carries inherent risks and can even lead to death. You agree to train safely and to consult with a healthcare professional before starting any new exercise program. We are not responsible for any injuries or health issues that may arise from following our training plans.

Intellectual Property

All content provided in the training plans, including but not limited to text, graphics, and logos, is the intellectual property of Endurance Swimming, LLC. You may not reproduce, distribute, or otherwise use this content without our express written permission.

Limitation of Liability

To the maximum extent permitted by law, Endurance Swimming, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our training plans. This includes, but is not limited to, damages for loss of profits, loss of income, goodwill, use, data, or other intangible losses.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of the modified terms.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts.

Indemnification

You agree to indemnify, defend and hold harmless Endurance Swimming, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Endurance Swimming reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Endurance Swimming in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Endurance Swimming agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENDURANCE SWIMMING, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENDURANCE SWIMMING, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Endurance Swimming as a result of this agreement or use of the Site. Endurance Swimming's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Endurance Swimming's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Endurance Swimming with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Endurance Swimming with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Endurance Swimming with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Endurance Swimming reserves the right, in its sole discretion, to change the Terms under which liquidtri.com is offered. The most current version of the Terms will supersede all previous versions. Endurance Swimming encourages you to periodically review the Terms to stay informed of our updates.

By proceeding with your purchase, you acknowledge that you have read, understood, and agree to abide by these Training Plan Terms and Conditions.

 Contact Us

Endurance Swimming welcomes your questions or comments regarding the Terms:

Endurance Swimming, LLC

301 Chapman Street

Canton, Massachusetts 02021

 Email Address:

craig@enduranceswimming.com

Telephone number:

617-771-0454

Effective as of February 08, 2009