Terms and Conditions of Use

This site (the “Site”) is operated and maintained by Switch Playground LLC (“Switch”) Throughout the Site, the terms “we”, “us” and “our” refer to Switch. The words “user,” “you” and “your” as used herein refer to users of and visitors to the Site and other persons who access the Site. Switch offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this Site.

Please read these terms and conditions of use (“Terms of Use”) carefully before accessing or using our Site. By accessing or using any part of this Site, and/or purchasing something from it, you agree to be bound by these Terms of Use as well as those additional terms and conditions and policies referenced herein and/or available by hyperlink on this page or any other section of this Site. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms of Use, please do not access the Site or use any of the services offered on the Site.
These Terms of Use govern your access to and use of the Site and its content, including its text, layout, menus, processes, videos, images, software, code, downloads, interfaces, audio clips, icons, logos, design and graphics and the selection and arrangement thereof (collectively, “Content”) and your purchase of products available for sale on the Site.
Any new features or tools which are added to the Site shall be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right, in our discretion, to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of, and/or access to the Site, following the posting of any changes to these Terms of Use, constitutes your acceptance of those changes.

SECTION 1 – ACCESS AND LICENSE; USE

By accessing, browsing or using the Site and/or its services, you represent and warrant that you are at least eighteen (18) years old and that you have read and understand these Terms of Use and agree to be bound by them. If you are not at least eighteen (18) years old or you do not agree and accept these Terms of Use, you are prohibited from using this Site.

We hereby grant you a personal, revocable, nonexclusive, non-transferable, limited license to (i) access and view the Site and the Content solely for your personal, non-commercial use, and (ii) copy, download and store the Content (e.g., in a temporary cache) solely to enable printing and/or offline viewing of such Content and solely for your non-commercial use and not for resale or distribution to anyone else. Except for the limited license described above, nothing contained herein is intended to transfer to you any right, title or interest in or to the Site or the Content, and you agree that the Site and the Content, including all intellectual property rights therein and thereto, are and remain the sole and exclusive property of Switch, its direct and indirect parent companies, its licensors and/or third-party providers, as applicable. You further agree that, with respect to any Content or copy thereof that you download, create, generate, store and/or print, you will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted in these Terms of Use or otherwise in writing by us, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, you shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “STEVE URIA, SWITCH, SWITCH PLAYGROUND, SWITCH FOR THE MIND AND BODY, SWITCH PLAYGROUND FOR THE BODY AND SOUL, ”, or any other colorable equivalent without the prior written authorization of Switch. Without limiting anything else contained in these Terms of Use, you acknowledge and agree that the Content and databases used to store the Content (“Databases”), as well as any other information contained thereon, are valuable intellectual property owned by or licensed to us, and no proprietary rights therein are being transferred to you by these Terms of Use.

In general, your use of the Site, the Content, the Databases, and any products purchased from the Site, shall not be for any illegal or unauthorized purpose, and shall be at all times compliant with all applicable federal, state and local laws, rules and regulations, including, without limitation, intellectual property laws. You shall not, directly or indirectly: (i) use any of the Content, Databases or any other information contained thereon for any purposes other than your personal, non-commercial use; (ii) use the Content, Databases and any other information contained thereon for any unlawful purpose or in violation of any applicable international, federal, state or local laws, rules, regulations or ordinances, or to solicit others to perform unlawful acts or violations of applicable international, federal, state or local laws, rules, regulations or ordinances; (iii) use the Content, Databases and any other information contained thereon to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) use the Content, Databases and any other information contained thereon to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) access or attempt to access any other user’s account; (vi) obtain, collect or ascertain or attempt to obtain, collect or ascertain any other user’s user name, password and/or personal information by any means whatsoever; (vii) use the Content, Databases and any other information contained thereon to establish independent data files or otherwise amass statistical information thereof or therefrom; (viii) publish or distribute in any medium any portion of the Content, Databases or any other information contained thereon, and/or summaries or subsets thereof to any person or entity; (ix) attempt to gain access or gain access to the Site in a fraudulent manner; (x) elude or attempt to elude, interfere with or circumvent the Site’s security systems; (xi) spam, phish, pharm, pretext, spider, crawl, or scrape; (xii) use the Site for any purposes other than those intended by us, as determined by us in our sole discretion; or (xiii) upload, submit or transmit any data or information containing worms or viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

We reserve the right to terminate your use of the Site or any related service for violating any of the foregoing prohibited uses. You specifically acknowledge and agree that any and all misappropriation or misuse of the Site, Content, Databases or any other information contained thereon will cause irreparable harm to us and that in such event money damages will not constitute sufficient compensation; consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content, Databases or any other information contained thereon, you specifically consent to our obtaining injunctive relief against you in addition to any other legal or financial remedies to which we may be entitled.

SECTION 2 – USER SUBMISSIONS

From time to time, we may permit users to submit content to the Site. You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof. We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice to you, for any reason or no reason.
Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy. You may not upload or otherwise publish content on the Site that (i) is confidential to you or any third party; (ii) is untrue, inaccurate, false or other than an original work of your authorship; (iii) that relates to or impersonates any other person; (iv) violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; or (vi) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the Content located on the Site.

SECTION 3 – PRIVACY POLICY

We recognize the importance of protecting the privacy of users of and visitors to the Site. Our Privacy Policy /privacy-policy/ is incorporated into and made part of these Terms of Use by this reference. Any changes to the Privacy Policy will be communicated on such page. Your submission of personal information through the Site is governed by the Privacy Policy.

SECTION 4 – LINKS TO THIRD PARTY SITES; THIRD PARTY TOOLS

This Site may contain links to other sites that are operated by unaffiliated third parties and contain information created, published, maintained, or otherwise posted by such unaffiliated third parties. These links are provided as a convenience only and are not meant as endorsement, approval or certification of such third party sites or the products and/or services associated therewith. We have no control over these third party sites, we are not responsible for examining or evaluating the content or accuracy of these third party sites, and we do not do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located on any such site. Your use of such sites will be subject to different terms and conditions of use and privacy policies, and your access to such sites shall be at your own risk. Complaints, claims, concerns, or questions regarding third party sites and any content thereon should be directed to the third party. We will not be liable for any damages or injury resulting or arising from the content of or access to such other site.

The Site may from time to time offer access to third party tools over which we do not have any control. These tools are provided as a convenience only and are not meant as endorsement, approval or certification of such tools. You acknowledge and agree that we provide access to such tools “as is” without any warranties, representations or conditions regarding the tools. We shall have no liability whatsoever arising from or relating to your use of optional third party tools, and your access to such tools shall be at your own risk. We will not be liable for any damages or injury resulting or arising from your access to or use of third party tools.

SECTION 5 – INTELLECTUAL PROPERTY

All right, title and interest in and to the Site and the Content and all intellectual property rights embodied therein are the property of Switch, its parent companies, its licensors or its content suppliers, as applicable. “SWITCH, SWITCH PLAYGROUND, SWITCH FOR THE MIND AND BODY, SWITCH PLAYGROUND FOR THE BODY AND SOUL, ” are trademarks owned by Switch (collectively, “Switch Trademarks”), and “Steve Uria” and “Kelly Saunders” are personal names (collectively, the “Personal Names”). All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Site are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Switch or their respective owners.

Except as provided in these Terms of Use, you are not granted any rights in or to the Switch Trademarks, the Personal Names, or the Other Trademarks and you agree not to use the Switch Trademark, the Personal Names, or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Switch or the respective owners of the Personal Names or the Other Trademarks, as the case may be.

SECTION 6 – CHANGES OR MODIFICATIONS TO THE SITE

We reserve the right to modify and/or discontinue the Site at any time, for any reason and without notice, and/or to terminate your account for any reason, at our sole discretion, including, but not limited to, in the event you are determined by us to be violation of these Terms of Use.

SECTION 7 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. SWITCH, ITS PARENTS AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “SITE OPERATORS”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SITE FOR ANY PURPOSE. THE SITE OPERATORS AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE SITE OPERATORS NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE SITE OPERATORS, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE MATERIALS ON THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE RELATED TO THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE SITE OPERATORS NOR ANY OF THEIR AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE SITE OPERATORS DO NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

THE SITE OPERATORS’ PERFORMANCE UNDER THESE TERMS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF THE SITE OPERATORS’ RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.

SECTION 8 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Switch, its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors and employees, from and against any and all claims, demands, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your use of the Site and any of the Content, or any products or services obtained on or through the Site, (ii) your breach of these Terms of Use or the documents they incorporate by reference, (iii) any Submission you make or post on the Site, and (iv) any other activity by you on or in connection with the Site that violates of any law or the rights of a third party, including intellectual property rights.

SECTION 9 – COPYRIGHT INFRINGEMENT COMPLAINTS

If you believe that your work of original authorship (or the work of original authorship belonging to a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, we request that you promptly file a copyright infringement notice with Switch’s Designated Copyright Agent by following the instructions below.  The notice must be in writing and include the following:

1. A statement that you have identified material on the Site that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);

2. A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);

3. A description of the manner in which the copyright material has been infringed;

4. Identification of the location of the material that you claim is infringing (including a URL and screen shot to the extent possible);

5. The country/ies to which your copyright applies;

6. Your address, telephone number, and email address so that Switch may respond to you directly;

7. A statement by you, made under penalty of perjury, that you have a good faith belief that the use of the material that is the subject of the complaint is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by applicable law;

8. A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

9. An electronic or physical signature (which may be a PDF) of the copyright owner.
Switch will respond expeditiously to claims of copyright infringement committed on or through the Site that are reported to Switch’s Designated Copyright Agent, identified below, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable local, state, federal and international laws and regulations.
Notifications of claimed copyright infringement must be sent to Switch’s Designated Copyright Agent by mail, email or fax:
info@www.switchplaygroundusa.com

If Switch has been alerted to potentially infringing material that you have posted on the Site and Switch removes or disables access thereto, Switch may notify you that it has removed or disabled access to such material by means of a general notice on the Site, or by electronic mail, or by written communication sent by first-class mail to your physical address.  If you receive such a notice, you may provide counter-notification in writing to Switch’s Designated Copyright Agent. Counter-notifications must be in writing and include the following:

1. A description of the material that you claim was erroneously removed or disabled, which should include the type of work and any relevant further details (such as the title and date of publication, as applicable), and its location, or former location, on the Site;

2. Your address, telephone number, and email address;

3. A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material;

4. A statement by you that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or, if your physical address is located outside of the U.S., for any judicial district in which the Site may be accessed.

5. A statement by you that you will accept service of process from the person who provided notification to Switch of the allegedly infringing material, or an agent of such person.

6. An electronic or physical signature (which may be a PDF) of the copyright owner.
If you are unsure whether there has been an infringement of your copyright or about your rights in the material, it is recommended that you seek legal advice before sending notification or counter-notification to Switch regarding such material. The notice and takedown process described herein is governed by and subject to the DMCA and other applicable local, state, federal and international laws and regulations. There may be negative consequences if you falsely allege copyright infringement or report material to Switch in bad faith, in accordance with applicable laws and regulations.

SECTION 10 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 11 – ELECTRONIC COMMUNICATIONS

By using the Site or engaging in email correspondence with us, you consent to the receipt of electronic communications from us related to your use of the Site.

SECTION 12 – TERMINATION

These Terms of Use are effective unless and until terminated by us, and remain in effect even after your account with the Site is terminated if applicable. Further, Sections 1, 2, 5, 7, 8, 9, 10 and any other terms that by their nature survive termination shall survive any termination of these Terms of Use.

SECTION 13 – GOVERNING LAW; JURISDICTION

Access, browsing and use of the Site, the Content and these Terms of Use, and all matters or issues collateral thereto, including the purchase of products through the Site, are all governed by the laws of the State of New York without regard to any conflict of law provisions that would refer to and/or apply the substantive laws of another jurisdiction. The United Nations Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Site.

Any legal action or proceeding relating to your access to, or use of, the site shall be instituted only in a state or federal court located in the state of New York, County of New York, USA and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

SECTION 14 – ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and us with respect to your use of the Site and the Content, and supersede any and all prior understandings or agreements between you and us, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, we have relied on your acceptance of these Terms of Use. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

SECTION 15 – CONTACT INFORMATION

Questions about the Terms of Use or the Site should be sent to us at info@www.switchplaygroundusa.com

Effective Date: 11/07/2016