Acceptance of the Terms of Use
These terms of use are entered into by and between You and Sports Zoom LLC, “we” or “us“. The following
terms and conditions, together with any documents they expressly incorporate by reference collectively,
these “Terms of Use“, govern your access to and use of, including any content, functionality, and
services offered on or through SwingZen analyzer app
here in known as “The App”.
Please read the Terms of Use carefully before you start to use the App. By using the App or by clicking
to accept or agree to the Terms of Use when this option is made available to you, you accept and agree
to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by
reference. You must not access or use the App if you do not want to agree to these Terms of Use or the
Privacy Policy.
The App is offered and available to users who are 13/18 years of age or older,
and reside in the United States or any of its territories or possessions. By using the App, you
represent and warrant that you are of legal age to form a binding contract with Sports Zoom LLC and meet
all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must
not access or use the App.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are
effective immediately when we post them and apply to all access to and use of the App after that.
However, any changes to the dispute resolution provisions outlined in Governing Law and Jurisdiction
will not apply to any disputes for which the parties have actual notice on or before the date the change
is posted on the App.
Your continued use of the App following the posting of the revised Terms of Use means that you accept
and agree to the changes. You are expected to check this page from time to time/frequently/each time you
access the “App” so you are aware of any changes, as they are binding on you.
Accessing the App, Stored Videos and Account Security
We reserve the right to withdraw or amend the App, and any service or material we provide on the App, in
our sole discretion without notice. We will not be liable if for any reason all or any part of the App
is unavailable at any time or for any period. From time to time, we may restrict access to some parts of
the App, or the entire App, to users, including registered users..
Enjoy uninterrupted access to premium content, features, or services with our auto-renewable monthly and
annual subscriptions. Subscribe to unlock exclusive benefits and convenience with automatic, hassle-free
payments. This subscription is designed for your convenience, automatically renewing to ensure
uninterrupted access, unless you choose to cancel it yourself. You must cancel your subscription before
the scheduled renewal date for either monthly or annual subscription to prevent it from being charged.
If not canceled by the scheduled renewal date to auto renew the subscription fee is non-refundable for
either monthly or annual subscription.
By selecting a monthly or annual subscription Sports Zoom
LLC (Swingzen analyzer app) will store your videos on our server for your review and your instructor if
you are using the site with an instructor-student code. If no instructor, the videos will be only
accessible to the subscriber. A monthly subscription will be accessible for 90 days past the date of the
upload of each video upload and analysis. An annual subscription will be accessible 365 days past the
date of the upload of each video upload and analysis. Your access to the videos depends on a renewed
subscription for you to access the videos past the date of the previous subscription period.
You are responsible for:
Making all arrangements necessary for you to have access to the App.
Ensuring that all persons who access the App through your internet connection are aware of these Terms
of Use and comply with them.
To access the App or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the App that all the
information you provide on the App is correct, current, and complete. You agree that all information you
provide to register with this App or otherwise, including but not limited to through the use of any
interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we
take concerning your information consistent with our Privacy Policy.
If you choose or are
provided with a username, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any other
person or entity. You also acknowledge that your account is personal to you and agree not to provide any
other person with access to the App or portions of it using your username, password or other security
information. You agree to notify us immediately of any unauthorized access to or use of your username or
password or any other breach of security. You also agree to ensure that you exit from your account at
the end of each session. You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other personal
information.
We have the right to disable any user name, password, or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if,
in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The App and its entire contents, features, and functionality including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof, are owned by Sports Zoom LLC, its licensors or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
These Terms of Use permit you to use the App for your personal, non-commercial use only. You
must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our App, except as follows:
Your
computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing
those materials.
You may store files that are automatically cached by your Web browser for display
enhancement purposes.
You may print or download one copy of a reasonable number of pages of the App
for your own personal, non-commercial use and not for further reproduction, publication, or
distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to
your computer or mobile device solely for your own personal, non-commercial use, provided you agree to
be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled
by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the
accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of
materials from this site.
You must not access or use for any commercial purposes any part of the
App or any services or materials available through the App.
If you wish to make any use of
material on the App other than that set out in this section, please address your request to:
If you print, copy, modify, download, or otherwise use or provide any other person with access
to any part of the App in breach of the Terms of Use, your right to use the App will cease immediately
and you must, at our option, return or destroy any copies of the materials you have made. No right,
title or interest in or to the App or any content on the App is transferred to you, and all rights not
expressly granted are reserved by Sports Zoom LLC. Any use of the App not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other
laws.
Trademarks
The Swingzen or Sports Zoom name, the terms, the properties, and all related names, logos, product and
service names, designs, and slogans are trademarks of Sports Zoom LLC or its affiliates or licensors.
You must not use such marks without the prior written permission of Sports Zoom LLC. All other names,
logos, product and service names, designs, and slogans on this App are the trademarks of their
respective owners.
Prohibited Uses
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to
use the App:
In any way that violates any applicable federal, state, local or international law
or regulation (including, without limitation, any laws regarding the export of data or software to and
from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information or
otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does
not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or
promotional material [without our prior written consent], including any “junk mail”, “chain letter” or
“spam” or any other similar solicitation.
To impersonate or attempt to impersonate Sports Zoom
LLC, a Sports Zoom LLC employee, another user or any other person or entity including, without
limitation, by using e-mail addresses or screen names associated with any of the foregoing.
To
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which,
as determined by us, may harm Sports Zoom LLC or users of the App or expose them to
liability.
Additionally, you agree not to:
Use the App in any manner that could disable,
overburden, damage, or impair the Site or interfere with any other party’s use of the App, including
their ability to engage in real-time activities through the App.
Use any robot, spider, or other
automatic device, process, or means to access the App for any purpose, including monitoring or copying
any of the material on the App.
Use any manual process to monitor or copy any of the material on
the App or for any other unauthorized purpose without our prior written consent.
Use any device,
software, or routine that interferes with the proper working of the App.
Introduce any viruses,
trojan horses, worms, logic bombs or other material that is malicious or technologically
harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the App, the server on which the App is stored, or any server, computer, or database connected to the
App.
Attack the App via a denial-of-service attack or a distributed denial-of-service
attack.
Otherwise, attempt to interfere with the proper working of the App.
User Contributions
The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards,
and other interactive features collectively, “Interactive Services” that allow users to post, submit,
publish, display, or transmit to other users or other persons hereinafter, “post” content or materials
collectively, “User Contributions” on or through the App.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the App, you grant us and our affiliates and service providers, and
each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify,
perform, display, distribute, and otherwise disclose to third parties any such material [for any
purpose/according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license
granted above to us and our affiliates and service providers, and each of their and our respective
licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or
contribute, and you, not the Company, have full responsibility for such content, including its legality,
reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party,
for the content or accuracy of any User Contributions posted by you or any other user of the
App.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our
sole discretion.
Take any action concerning any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User Contribution violates the
Terms of Use, including the Content Standards, infringes any intellectual property right or other right
of any person or entity, threatens the personal safety of users of the App or the public or could create
liability for the Company.
Disclose your identity or other information about you to any third
party who claims that material posted by you violates their rights, including their intellectual
property rights or their right to privacy.
Take appropriate legal action, including without
limitation, referral to law enforcement, for any illegal or unauthorized use of the
App.
Terminate or suspend your access to all or part of the App for any or no reason, including
without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have
the right to fully cooperate with any law enforcement authorities or court order requesting or directing
us to disclose the identity or other information of anyone posting any materials on or through the App.
YOU WAIVE AND HOLD HARMLESS SPORTS ZOOM LLC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPORTS ZOOM LLC /ANY OF THE FOREGOING PARTIES DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE
COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to
review all material before it is posted on the App, and cannot ensure prompt removal of objectionable
material after it has been posted. Accordingly, we assume no liability for any action or inaction
regarding transmissions, communications or content provided by any user or third party. We have no
liability or responsibility to anyone for the performance or nonperformance of the activities described
in this section.
Content Standards
These content standards apply to any User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local, and international
laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any
material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material,
violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation,
or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or
other rights of any other person.
Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our
Privacy Policy.
Be likely to deceive any
person.
Promote any illegal activity, or
advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless
anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any
person, or misrepresent your identity or affiliation with any person or organization.
Involve
commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or
advertising.
Give the impression that they emanate from or are endorsed by us or any other person
or entity if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact for instructions on
sending us a notice of copyright infringement. It is the policy of Sports Zoom LLC to terminate the user
accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the App is made available solely for general information
purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance
you place on such information is strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone
who may be informed of any of its contents.
This App may include/includes content provided by
third parties, including materials provided by other users, bloggers and third-party licensors,
syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content, other than the content
provided by Sports Zoom LLC, are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the opinion of Sports Zoom LLC. We
are not responsible, or liable to you or any third party, for the content or accuracy of any materials
provided by any third parties.
Changes to the App
We may update the content on this App from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the App may be out of date at any given time, and we are under no
obligation to update such material.
Information About You and Your Visits to the App
All information we collect on this App is subject to our Privacy Policy. By using the App, you consent
to all actions taken by us concerning your information in compliance with the Privacy Policy.
Linking to the App and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part[ without our express written consent. This App
may provide certain social media features that enable you to:
Link from your own or certain
third-party websites to certain content on this App.
Send e-mails or other communications with
certain content, or links to certain content, on this App.
Cause limited portions of content on
this App to be displayed or appear to be displayed on your own or certain third-party
websites.
You may use these features solely as they are provided by us,/and solely concerning the
content they are displayed with and otherwise in accordance with any additional terms and conditions we
provide concerning such features. Subject to the foregoing, you must not:
Establish a link from
any website that is not owned by you.
Cause the App or portions of it to be displayed, or appear
to be displayed by, for example, framing, deep linking or in-line linking, on any other
site.
Link to any part of the App other than the homepage.
Otherwise, take any action
concerning the materials on this App that is inconsistent with any other provision of these Terms of
Use.
The website from which you are linking, or on which you make certain content accessible,
must comply in all respects with the Content Standards set out in these Terms of Use.
You agree
to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the
right to withdraw linking permission without notice.
We may disable all or any social media
features and any links at any time without notice at our discretion.
Links from the App
If the App contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents of those sites or resources and
accept no responsibility for them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third-party websites linked to this App, you do so entirely at your own risk
and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the App is based in the state of TN in the United States. We provide this App for use only
by persons located in the United States. We make no claims that the App or any of its content is
accessible or appropriate outside of the United States. Access to the App may not be legal by certain
persons or in certain countries. If you access the App from outside the United States, you do so on your
own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from
the internet or the App will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for maintaining a means external to our
site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT
YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
App OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON
IT, OR ON ANY APP LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH
THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT
OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL SPORTS ZOOM LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF
OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON
THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Sports Zoom LLC, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to
your violation of these Terms of Use or your use of the App, including, but not limited to, your User
Contributions, any use of the App’s content, services and products other than as expressly authorized in
these Terms of Use or your use of any information obtained from the App.
Governing Law and Jurisdiction
All matters relating to the App and these Terms of Use and any dispute or claim arising therefrom or
related thereto in each case, including non-contractual disputes or claims, shall be governed by and
construed in accordance with the internal laws of the State of TN without giving effect to any choice or
conflict of law provision or rule whether of the State of TN or any other jurisdiction.
Any legal
suit, action or proceeding arising out of, or related to, these Terms of Use or the App shall be
instituted exclusively in the federal courts of the United States or the courts of the State of TN in
each case located in the City of Nashville and County of Davidson although we retain the right to bring
any suit, action or proceeding against you for breach of these Terms of Use in your country of residence
or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you
by such courts and to the venue in such courts.
Arbitration
At Sports Zoom LLC’s sole discretion, it may require You to submit any disputes arising from the use of
these Terms of Use or the App, including disputes arising from or concerning their interpretation,
violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules
of Arbitration of the American Arbitration Association applying TN law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP
MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of any term or condition set forth in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or condition, and any failure
of Sports Zoom LLC to assert a right or provision under these Terms of Use shall not constitute a waiver
of such right or provision.
If any provision of these Terms of Use is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the
Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and
concerning the App and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, concerning the App.
Your Comments and Concerns
This App is operated by 423 S Margin St Franklin TN 37064.
All notices of copyright infringement
claims should be sent to the copyright agent designated by contacting
All other feedback,
comments, requests for technical support, and other communications relating to the App should be
directed to Sports Zoom LLC 423 S Margin St Franklin TN 37064.
Contact Us
If you have any questions about this Terms of use, contact us at swingzen.com
or info@swingzen.com.