BY CLICKING THE "I ACCEPT" RADIO BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF TEAMUNIFY'S ONLINE SWIM TEAM MANAGEMENT PLATFORM (THE "SWIMOFFICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT SELECT THE "I ACCEPT" BUTTON AND DO NOT USE SWIMOFFICE.

As part of SwimOffice, TeamUnify will provide you with use of SwimOffice, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the use of SwimOffice shall be deemed to be your agreement to abide by this Agreement including any materials available on the TeamUnify website incorporated by reference herein, including but not limited to TeamUnify privacy and security policies.

TeamUnify privacy and security policies may be viewed at www.teamunify.com TeamUnify reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because SwimOffice is a hosted, online application, TeamUnify occasionally may need to notify all users of SwimOffice (whether or not if they have opted out) of important announcements regarding the operation of SwimOffice.

TeamUnify hereby grants you a non-exclusive, non-transferable, worldwide right to use SwimOffice, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by TeamUnify and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party SwimOffice or the Content in any way; (ii) modify or make derivative works based upon SwimOffice or the Content; (iii) create Internet "links" to SwimOffice or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access SwimOffice in order to (a) build a competitive product or SwimOffice, (b) build a product using similar ideas, features, functions or graphics of SwimOffice, or (c) copy any ideas, features, functions or graphics of SwimOffice.

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of SwimOffice, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify TeamUnify immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to TeamUnify immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another TeamUnify user or provide false identity information to gain access to or use SwimOffice.

TeamUnify does not own any data, information or material that you submit to SwimOffice in the course of using SwimOffice ("Customer Data"). You, not TeamUnify, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and TeamUnify shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated, TeamUnify will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. TeamUnify reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and TeamUnify shall have no obligation to maintain or forward any Customer Data.

TeamUnify alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the TeamUnify Technology, the Content and SwimOffice and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to SwimOffice. This Agreement is not a sale and does not convey to you any rights of ownership in or related to SwimOffice, the TeamUnify Technology or the Intellectual Property Rights owned by TeamUnify The TeamUnify name, the TeamUnify logo, and the product names associated with SwimOffice are trademarks of TeamUnify or third parties, and no right or license is granted to use them.

During use of SwimOffice, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through Team Sponsor Center. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third-Party Sponsor. TeamUnify and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. TeamUnify does not endorse any sites on the Internet that are linked through SwimOffice. TeamUnify provides the ability to create these links to you only as a matter of convenience, and in no event shall TeamUnify or its licensors be responsible for any content, products, or other materials on or available from such sites. TeamUnify provides SwimOffice to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

TeamUnify will charge your swim team $99.95 per month for the use of SwimOffice plus a one-time set-up fee of $295. The first months charge of $99.95 will be charged the month that you team’s new website goes live as mutually agreed by a TeamUnify Customer Support Staff member and your team. However, the first month’s charge of $99.95 will not exceed 60 days after your initial commitment.

At the team’s discretion, you may choose to utilize the integrated credit card processing feature of the TeamUnify platform to perform billing and online registration payment processing. In such cases, the team will establish a contracted relationship with TeamUnify Credit Card and ACH processor. This processor will directly charge $32.00 per month to enable the collected monies to be directly deposited into the team bank account. In addition, a total charge of 2.95% of the total transacted amount and $0.30 per transaction will be collected. ACH/eCheck processing charges are a flat $1.25 per individual transaction. TeamUnify has the right to adjust this fee anytime and will notify the team of the adjustment via email to the team administrators with 30 days notice prior to any increase.

The team may also decide to purchase the “Custom Website Skin” for the team website. The fee charged would depend on the date that the team decides to order the Custom Website Skin. If the team decides to place the order with the initial commitment to license the TeamUnify SwimOffice Platform, the cost is a one-time $295 fee and will be charged along with the one-time set-up fee of $295. Should the team decided to place the order for the Custom Website Skin after the new team website has been deployed live and the team’s website URL is being served by TeamUnify, the fee is a one-time fee of $395.

Team Sponsor Center is an optional team fundraising tool that is built into the team management software from TeamUnify. There will be a maximum of 8 Premiere ads that can be sold to sponsors that the team finds and will appear on every page of the team website. In addition there are an unlimited number of Plus Sponsor Ads that can be sold and appear on a dedicated Team Sponsor Center page of the team website.

TeamUnify will collect the monies as defined the Advertise Here pages of the team website directly via credit card from the sponsor minus the credit card fees as defined above. Payment of collected sponsor monies minus the credit card fees will be paid out every 10^th of the next month for any new sponsors found.

TeamUnify reserves the right to remove advertisers that are misleading, untruthful or deceptive and/or offer questionable products or services, such as cigarette, alcohol, gun, or suppliers of pornographic products or services. Additionally, TeamUnify reserves the right to change the format and position of the Team Sponsor ads at anytime without warning or permission from any team.

The base disk storage space provided to you at no additional charge is 200 MB per account. If the amount of disk storage required exceeds these limits, you may be charged the then-current storage fees. TeamUnify will use reasonable efforts to notify you when the average storage used per license reaches approximately 90% of the maximum; however, any failure by TeamUnify to so notify you shall not affect your responsibility for such additional storage charges. TeamUnify reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.

The Effective Date is the date established by clicking the “I Accept” button during the registration process. The Term of this agreement will be month-to-month.

This Agreement commences on the Effective Date. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term. Either party may terminate this Agreement by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated TeamUnify will make available to you a file of the member data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that TeamUnify has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

Any breach of your payment obligations or unauthorized use of the TeamUnify Technology or SwimOffice will be deemed a material breach of this Agreement. TeamUnify, in its sole discretion, may terminate your password, account or use of SwimOffice if you breach or otherwise fail to comply with this Agreement. In addition, TeamUnify may terminate a free account at any time in its sole discretion. You agree and acknowledge that TeamUnify has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. TeamUnify represents and warrants that it will provide SwimOffice in a manner consistent with general industry standards reasonably applicable to the provision thereof and that SwimOffice will perform substantially in accordance with the online TeamUnify help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to SwimOffice and that your billing information is correct.

You shall indemnify and hold TeamUnify, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that TeamUnify (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release TeamUnify of all liability and such settlement does not affect TeamUnify's business or SwimOffice); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

TeamUnify shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that SwimOffice directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by TeamUnify of its representations or warranties; or (iii) a claim arising from breach of this Agreement by TeamUnify; provided that you (a) promptly give written notice of the claim to TeamUnify; (b) give TeamUnify sole control of the defense and settlement of the claim (provided that TeamUnify may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to TeamUnify all available information and assistance; and (d) have not compromised or settled such claim. TeamUnify shall have no indemnification obligation, and you shall indemnify TeamUnify pursuant to this Agreement, for claims arising from any infringement arising from the combination of SwimOffice with any of your products, SwimOffice, and hardware or business process.

TEAMUNIFY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF swimoffice OR ANY CONTENT. TEAMUNIFY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF swimoffice WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) swimoffice WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, swimoffice, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SwimOffice WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) swimoffice OR THE SERVER(S) THAT MAKE swimoffice AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. swimoffice AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TEAMUNIFY AND ITS LICENSORS.

TEAMUNIFY'S swimoffice MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TEAMUNIFY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS swimoffice, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE swimoffice, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH swimoffice, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Local Laws and Export Control

This teachnology provides SwimOffice and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using SwimOffice, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000

TeamUnify may give notice by means of a general notice on SwimOffice, electronic mail to your e-mail address on record in TeamUnify's account information, or by written communication sent by first class mail or pre-paid post to your address on record in TeamUnify's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to TeamUnify (such notice shall be deemed given when received by TeamUnify) at any time by any of the following: letter sent by confirmed facsimile to TeamUnify at the following fax number: (740) 931-0160 (for U.S. Customers) or; letter delivered by nationally recognized overnight delivery SwimOffice or first class postage prepaid mail to TeamUnify at the following address: TeamUnify, Inc., 63206 Lower Meadow Drive Suite 130 Bend, OR 97701 Attention: COO

TeamUnify reserves the right to modify the terms and conditions of this Agreement or its policies relating to SwimOffice at any time, effective upon posting of an updated version of this Agreement on SwimOffice. You are responsible for regularly reviewing this Agreement. Continued use of SwimOffice after any such changes shall constitute your consent to such changes.

This Agreement may not be assigned by you without the prior written approval of TeamUnify but may be assigned without your consent by TeamUnify to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

This Agreement shall be governed by Oregon law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or SwimOffice shall be subject to the exclusive jurisdiction of the state and federal courts located in Bend, Oregon. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and TeamUnify as a result of this agreement or use of SwimOffice. The failure of TeamUnify to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TeamUnify in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and TeamUnify and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the TeamUnify website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by TeamUnify from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and SwimOffice contained or made available to you in the course of using SwimOffice; "Customer Data" means any data, information or material provided or submitted by you to SwimOffice in the course of using SwimOffice; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using SwimOffice; "Initial Term" means the initial period during which you use the free SwimOffice; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, SwimOffice marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "TeamUnify" means collectively TeamUnify, Inc., an Oregon corporation, having its principal place of business at 63206 Lower Meadow Drive Suite 130 Bend, OR 97701. “TeamUnify Technology" means all of TeamUnify's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, and designs and other tangible or intangible technical material or information) made available to you by TeamUnify in providing SwimOffice; "SwimOffice(s)" means the specific edition of TeamUnify's online team management, billing, data analysis, or other services identified during the ordering process, developed, operated, and maintained by TeamUnify, accessible via http://www.TeamUnify.com or another designated web site or IP address, or ancillary services rendered to you by TeamUnify, to which you are being granted access under this Agreement, including the Technology and the Content; "User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use SwimOffice and have been supplied user identifications and passwords by you (or by TeamUnify at your request).