This Agreement sets forth the terms and conditions which apply to your use of the CyberSwimClub web site and all services offered through this site (collectively, the "Service") which is offered to you by CyberSwimClub LLC ("CyberSwimClub.com"). BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THIS USAGE AGREEMENT. You also agree to the terms and conditions of our Privacy Policy, which governs the use by CyberSwimClub.com of information received about you. If you do not agree to be bound by this Agreement, discontinue your use of the Service.

1. Account Responsibility and Fees. The person who registers by completing the registration process is the "User" for the purposes of this Agreement. As part of the registration process, User establishes an account ("Account") with CyberSwimClub.com for access to and use of the Service using a username and password. The User is responsible for ensuring that all use of the Service under the User's Account (i.e. use of the Service by any person using the User's username and password) is in compliance with this Agreement. The User is responsible for maintaining the confidentiality of his or her password. You have agreed to pay a membership fee for the use of the Service according to one of the following options chosen during the registration process:

a) Annual Fee. User agrees to pay US$250.00 for each year of the Service, payable in advance at the time of registration and each anniversary of the registration date, subject to any promotional discount offered on the registration page. Annual subscriptions will be billed to the credit card designated during the registration process. Subscriptions may be cancelled at any time during the membership period; however, no fees will be refunded.

b) Bi-Annual Fee. User agrees to pay US$150.00 for each 6-month period of the Service, payable in advance for 6 months' Service at the time of registration and every 6 months thereafter. Bi-Annual subscriptions will be billed to the credit card designated during the registration process. Subscriptions may be cancelled at any time during the membership period; however, no fees will be refunded.

c) 6-Week Fee. User agrees to pay US$40.00 for each 6-week period of the Service, payable in advance for 6 weeks' Service at the time of registration and every 6 weeks thereafter. 6-week subscriptions will be billed to the credit card designated during the registration process. Subscriptions may be cancelled at any time during the membership period; however, no fees will be refunded.

d) 2-Week Free Trial. User is entitled use of the CyberSwimClub web site without paying any fees. All facets of CyberSwimClub.com will be enabled during the trial period. In order to continue to use the Service, User must complete the registration process by providing additional information requested and payment authorization (i.e. authorize payment of the annual, Bi-Annual or 6-Week membership payment option described above using the designated credit card).

All subscription fees are payable in U.S. dollars, and may be paid by using any of the following credit cards: VISA, Mastercard or American Express. You agree to pay all fees and charges incurred for your Account. All fees and charges are non-refundable. CyberSwimClub.com may change the fees and charges in effect, or add new fees or charges, by giving you notice in advance. Any changes to fees or charges will become effective when your next subscription fee payment is due, unless CyberSwimClub.com has specified a later effective date. All fees and charges incurred in respect to your Account will be charged to the credit card you designated when extending your membership. If you believe someone has accessed the Service using your Account, without your authorization, you may change your password at any time in the My Info page, or contact us by sending an e-mail to administrator@CyberSwimClub.com to make other changes to your Account.

2. Restrictions on Use. This Service is owned and operated by Cyber Swim Club LLC and contains material which is derived in whole or in part from material supplied and owned by Cyber Swim Club LLC, its Service Providers (defined below) and other sources, and is protected by copyright, trademark, and other applicable laws. Cyber Swim Club may engage one or more parties to provide content to the CyberSwimClub web site and/or Internet services, which parties will herein be collectively referred to as "Service Providers." You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Service including code and software ("Material"). You may download Material from this Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Service, such Material is licensed to you by CyberSwimClub.com, Service Providers or their licensors, and neither CyberSwimClub.com nor Service Providers, nor their licensors, transfer any ownership in such Material to you. You agree not to establish a link on another web site that directs a user to any location at the CyberSwimClub.com web site other than the CyberSwimClub.com home page, which may be found at www.CyberSwimClub.com.

3. Submissions. CyberSwimClub.com is pleased to hear from users and welcomes your comments regarding its programs and services. Unfortunately, CyberSwimClub.com's company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by CyberSwimClub.com's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback on our programs and services, we must ask that you do not send original creative materials such as stories, ideas or products. If, at our request, you send certain specific submissions, or without a request from us you send creative suggestions, ideas, notes or concepts or other materials, they shall be deemed, and shall remain, the property of CyberSwimClub.com.

4. Disclaimer of Warranties. CYBERSWIMCLUB.COM HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER CYBERSWIMCLUB.COM, SERVICE PROVIDERS, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CYBERSWIMCLUB.COM AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICE PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER CYBERSWIMCLUB.COM NOR SERVICE PROVIDERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT CYBERSWIMCLUB.COM OR SERVICE PROVIDER) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

5. Limitation of Liability. IN NO EVENT SHALL CYBERSWIMCLUB.COM, SERVICE PROVIDERS, NOR THEIR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CYBERSWIMCLUB.COM, SERVICE PROVIDER OR ANY OF THEIR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CYBERSWIMCLUB.COM, SERVICE PROVIDERS, NOR THEIR AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES, PROVINCES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES, PROVINCES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, PROVINCE TO PROVINCE OR JURISDICTION TO JURISDICTION.

6. Indemnification. You agree to release, defend, indemnify and hold harmless Cyber Swim Club LLC, Service Providers, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

7. Termination. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or cancelled for any of the following reasons: (a) upon thirty (30) days written notice by any party of its intent to terminate this Agreement; (b) immediately by CyberSwimClub for any unauthorized access or use by you, including, without limitation (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, or (iii) any other access or use of the Service except as expressly provided in this Agreement; or (c) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Service. You may request your account be put on hold for any reason up to 1 week in a 6-week membership package, 3 weeks in a 6-month package or 6 weeks in a 1-year package. Your membership may be extended by the designated number of weeks that your account was put on hold. Placing your account on hold gives you full access to the service with the exception of individualized workouts designated for you. Memberships may be put on hold when a written letter by a medical physician accompanies the request. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which CyberSwimClub.com or Service Providers may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to CyberSwimClub.com and its licensors.

8. Trademarks. All trademarks, service marks and trade names used on the Service are the property of CyberSwimClub.com or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of CyberSwimClub.com or the owner of such trademark, servicemark or trade name.

9. Minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register as a member of the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor.

10. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d) as amended, CyberSwimClub.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, and at the America Links Up website.

11. Infringement Policy. CyberSwimClub.com, on behalf of itself and Service Providers, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. CyberSwimClub.com and Service Providers accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), CyberSwimClub.com, on behalf of itself and Service Providers, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

Administrator - CyberSwimClub.com
536 Oriole Drive
Oakville, Ontario
CANADA L6K 1N8
administrator@CyberSwimClub.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

E. The copyright or other proprietary right owner, its agent, or the law does not authorize a statement that you have a good faith belief that use of the material in the manner complained of.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

12. Modification. CyberSwimClub.com reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. CyberSwimClub.com may at any time revise this Agreement by updating this posting on its Web site. By using this Service, you agree to be bound by any such revisions and should therefore periodically visit the CyberSwimClub.com Web site to determine the then current agreement by which you are bound. A User not agreeing to any modified terms of this Agreement may terminate his or her Account by sending an e-mail to administrator@CyberSwimClub.com (specifying the username and password of the Account to be terminated). Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.

13. United States Jurisdiction. If you are accessing the Service from the United States of America you agree to be bound by the following provisions:

(1) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS IN FORCE IN THE STATE OF ARIZONA, EXCLUDING ITS CONFLICTS OF LAW RULES. The parties expressly agree to exclude the operation of the United Nations Convention on the International Sale of Goods. YOU HEREBY EXPRESSLY AGREE THAT THE FEDERAL AND STATE COURTS PRESIDING IN PHOENIX, ARIZONA SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OF ANY AND ALL CAUSES OF ACTION arising out of or in connection with this Agreement or any use of this Web site, the Service or any products or services provided in connection therewith, and you agree that you shall not commence any legal action against CyberSwimClub.com except in such courts. The parties expressly waive any claim of lack of jurisdiction or improper venue in any legal proceeding arising out of, in connection with, pursuant or incident, to this Agreement or any use of this Web site, the Service or any products or services provided in connection therewith.

(2) FURTHER, ALL PROCEEDINGS ARISING OUT OF, IN CONNECTION WITH, PURSUANT OR INCIDENT TO, THIS AGREEMENT OR ANY USE OF THIS WEB SITE, THE SERVICE OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH SHALL BE SUBMITTED EXCLUSIVELY TO ARBITRATION IN PHOENIX, ARIZONA. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association using an arbitrator who is an experienced commercial litigator and who is admitted to practice law before the bar of any state of the United States. The dispute will be determined by one (1) arbitrator acceptable to both parties who shall be selected within seven (7) days of receipt of notice of intention to arbitrate by the other party receiving the notice. If by the end of said seven (7) day period, the parties have not agreed on one (1) arbitrator, then either party may request that the American Arbitration Association appoint the arbitrator. The arbitrator shall be compensated for his/her services at the standard hourly rate charged in their private professional activities. The United States Federal Rules of Civil Procedure shall apply with respect to any arbitration hereunder. The award of the arbitrator shall be accompanied by findings of fact and written statement of reasons for the decision. The parties agree to be bound by the results of this arbitration. Any party may apply to the courts specified above, without waiving any remedy of arbitration, to obtain injunctive or other equitable relief. The arbitration award shall be made within three months of the filing of the notice of intention to arbitrate, and the arbitrator shall agree to comply with this schedule before accepting appointment. The United States Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to this arbitration agreement. The prevailing party shall be entitled to an award of reasonable attorneys' fees. The arbitrator shall determine how to allocate costs and expenses for the arbitration between the parties. Except as may be required by law, neither the parties nor the arbitrator shall disclose the existence, content or results of any arbitration without the prior written consent of all of the parties.

14. Canadian Jurisdiction. If you are accessing the Service from Canada you agree to be bound by the following provisions:

1) This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario, excluding its conflicts of law rules. The parties expressly agree to exclude the operation of the United Nations Convention on the International Sale of Goods. You hereby expressly attorn to the jurisdiction of the courts of Ontario, and you agree that you shall not commence any legal action against CyberSwimClub.com except in the courts in the Province of Ontario.

2) In the event that the parties are unable to resolve a disagreement or dispute arising hereunder, either party may serve a notice on the other party of its intention to formally arbitrate, pursuant to the provisions of the Arbitration Act (Ontario) stating with reasonable particularity the subject matter of such dispute. Within 7 days of service of such notice the parties shall appoint a single arbitrator. Should the parties be unable to agree upon a single arbitrator within such 7 day period, then any party may at any time thereafter select its own arbitrator and may serve notice upon the other party to select an arbitrator. Upon receipt of such notice the other party shall have 5 days in which to appoint an arbitrator. The two arbitrators thus selected shall appoint a third arbitrator within 5 days of the appointment of the second arbitrator, and the three arbitrators shall constitute a board of arbitrators (herein referred to as the "Board of Arbitrators") which shall determine the matter. If any party shall fail to name an arbitrator within 5 days of receipt of a demand to do so upon application by the party that has appointed an arbitrator, the second arbitrator shall be appointed by any Judge of the Ontario Superior Court of Justice. The arbitrator or arbitrators selected to act hereunder shall be qualified by education and training to pass upon the particular question in dispute. Unless otherwise agreed by the parties, each party shall bear the costs it incurs in connection with the arbitration and all other costs of the arbitration shall be borne equally by the parties hereto. The decision of the single arbitrator or the Board of Arbitrators or the majority thereof shall be communicated to the parties not later than 30 days after the close of argument in the arbitration, subject to any reasonable delay due to unforeseen circumstances. The decision of the single arbitrator or of the majority of the Board of Arbitrators, as the case may be, shall be drawn up in writing and signed and shall, notwithstanding anything to the contrary contained in the Arbitration Act of the Province of Ontario and subject to the specific provisions of and limitations in this Agreement, be final and binding upon the parties hereto and all persons claiming through or under them as to any question or questions so submitted to arbitration, and the parties shall perform the terms and conditions thereof. Judgment upon the award rendered by the single arbitrator or the majority of the Board of Arbitrators, as the case may be, may be entered in any Court having jurisdiction and thereupon execution or other legal process may issue thereon. The obligations of the parties under this Agreement shall continue to be performed during the dispute resolution proceedings contemplated by this provision.

15. General Matters. Unless otherwise specified, the materials on this Service are presented solely to provide information regarding and to promote CyberSwimClub.com's training program and workout service in Canada and the United States, its territories, possessions and protectorates. CyberSwimClub.com and Service Providers make no representation that materials on this Service are appropriate or available for use outside Canada or the United States. No software from this Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any country to which the U.S. has embargoed goods, (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (C) anyone prohibited by the Canadian Export and Import Controls Bureau. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Software from this Service is further subject to Canadian and United States export controls. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of CyberSwimClub.com. Any assignment other than as provided for in this Section shall be null and void. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.