Terms of Use Version 1.0 | Effective Date: April 3, 2025
These Terms of Use (“Terms”) govern your access to and use of the websites and online materials provided by Pacific Open Water Swim Co. (“we,” “us,” or “our”). You agree to comply with these Terms and all applicable laws by visiting or using our website. If you do not agree, you must not use our website.
- Authorized Use You may use our website solely for lawful purposes, including reviewing swim services, registering for events, purchasing merchandise, accessing educational materials, or subscribing to our email newsletter. You must not use the site for any purpose prohibited by these Terms, our Terms of Service, or any applicable law.
- Content Ownership and Restrictions All content on this site—including text, graphics, images, training plans, videos, route data, and branding—is the property of Pacific Open Water Swim Co., Swim Alcatraz, or their licensors, including Altos Pacific, LLC and Swim Tahoe, LLC, and is protected under copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any site content without express written permission.
- Prohibited Conduct You may not: a. Use the website in a way that violates any local, state, national, or international law. b. Attempt to gain unauthorized access to any part of the site or interfere with site functionality. c. Copy, distribute, or display any content without permission. d. Submit false, misleading, or harmful information through our forms or contact mechanisms. e. Use the site to harass, threaten, or impersonate others.
- External Services and Links Our site may integrate with or link to third-party tools or content, including Cognito Forms, Calendly, YouTube, Zoom, Google Analytics, and Meta tools. We are not responsible for the content or practices of these services. You agree to use them in accordance with their terms and policies.
- Disclaimer of Warranties Our website is provided “as is” and “as available.” We make no warranties, express or implied, regarding site availability, accuracy, or fitness for a particular purpose. Use of our site is at your own risk. We do not guarantee uninterrupted access or error-free content.
- Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEBSITE. THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND SPECIAL DAMAGES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.
- Modifications We may revise these Terms at any time. Updates will be posted on this page with the version number and effective date. Your continued use of the site after changes are posted constitutes acceptance of the updated Terms.
- Governing Law and Venue These Terms are governed by the laws of the State of California. Where applicable to marine services or open water activity, U.S. maritime law may apply. Disputes must be resolved in accordance with our arbitration agreement and class action waiver described in our Terms of Service.
- Contact If you have questions about these Terms, contact us at swim@pacificswim.co.
These Terms of Use are Version 1.0. Effective as of April 3, 2025.