1. Acceptance
These Terms of Use govern your access to and use of neoninnovation.com and any site or store Neon operates on that domain or its subdomains (the "Site"), and your use of the free Neon Swim app (the "App"). By using the Site or the App you agree to these Terms of Use. If you do not agree, do not use the Site or the App. If you are under the age of majority where you live, you may use the Site or the App only with the permission of a parent, guardian, or the organization responsible for you, and that person or organization accepts these Terms of Use on your behalf and is responsible for your use. Neon may update these Terms of Use at any time by posting a revised version here with a new effective date and version number. The version in effect on the date of your visit, download, or purchase governs that visit, download, or purchase. Neon does not undertake to maintain, publish, or furnish a superseded version, and where the version in effect on that date is not available, the version then posted governs.
2. Site and App Content; Ownership; App License
The Site and its content, including text, graphics, logos, product designs, and software, are owned by Neon or its licensors and protected by intellectual property law. You may view and download Site content for your own personal or organizational, non-commercial reference. You may not copy, republish, modify, or create derivative works from Site content, or use Neon's name, logos, or trademarks, without our written permission.
The Neon Swim app and its software, visual elements, and content are likewise owned by Neon or its licensors. Subject to these Terms and any app store terms that apply to your download, Neon grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on a device you own or control, for your own personal or organizational use. Neon retains all rights in the App not expressly granted to you. Except to the extent applicable law permits despite this restriction, you may not copy, redistribute, sell, sublicense, rent, reverse engineer, decompile, or disassemble the App, or attempt to derive its source code. If you obtained the App, or an in-app purchase or subscription, through the Apple App Store or Google Play Store, that store's own terms also apply to that purchase.
The App is offered from the United States. If you access or use the App outside the United States, you are responsible for complying with the law that applies to you where you are located.
3. Acceptable Use
You agree not to scrape, crawl, or harvest data from the Site by automated means; not to probe, scan, or test the security of the Site; not to interfere with the Site's normal operation; and not to use the Site for an unlawful purpose. We may suspend or terminate your access for violating this section.
4. Purchases and Other Policies
Purchases made through the Site are governed by our Terms of Sale below, our Trade-In Program Terms and Conditions, and our Warranty and Return Policy, each of which is incorporated into these Terms of Use by reference. Section 15 states which document controls if they conflict. Our handling of personal information is governed by our Privacy Policy, not by these Terms of Use.
5. Third-Party Links and Software
The Site may link to, embed, or integrate services and software Neon did not create, including live streaming software Neon resells and integrates, payment and booking tools, and other third-party sites. Neon does not control and is not responsible for third-party content, availability, or practices. Your use of a third party's product is governed by that party's own terms.
6. Disclaimers
THE SITE AND THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THIS SECTION DOES NOT LIMIT ANY WARRANTY STATED IN OUR WARRANTY AND RETURN POLICY FOR A PRODUCT YOU PURCHASE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEON'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE APP, AS DISTINCT FROM A PRODUCT YOU PURCHASE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). NEON WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM SITE OR APP USE. This cap does not apply to a claim arising from a product purchase, which is governed by the liability provisions of our Terms of Sale, Trade-In Program Terms, or Warranty and Return Policy, as applicable. Some states do not allow the exclusion or limitation of certain damages, so this section may not apply to you to that extent.
8. Indemnification
You agree to indemnify, defend, and hold harmless Neon LLC and its members, managers, officers, employees, and agents from claims, damages, losses, liabilities, costs, or expenses arising out of your use of the Site or the App or violation of these Terms of Use. This obligation does not apply to the extent a claim results from Neon's own intentional misconduct.
9. Feedback
We welcome ideas, suggestions, and feedback from coaches and customers about our products and services, and we actively ask for it. By sending Neon feedback, by any means, you agree to this Section 9, whether or not you have otherwise used the Site. Any feedback you send us, by email, phone, form, or otherwise, is entirely voluntary. You agree that Neon may use, share, and build on that feedback in any way, for any purpose, without any obligation to you and without compensation to you, and that Neon has no duty to keep it confidential. Do not send us feedback you want to keep confidential or that you expect to be paid for.
10. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for conduct that violates these Terms of Use or that we believe harms Neon, other users, or the Site. Sections that by their nature should survive termination, including ownership, disclaimers, limitation of liability, indemnification, feedback, governing law, and venue, survive.
11. Governing Law; Exclusive Venue
These Terms of Use are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles. Any action arising out of or relating to the Site, the App, or these Terms of Use must be brought exclusively in the state courts of the Commonwealth of Virginia located in Prince William County, including its General District Court and Circuit Court, whichever has subject-matter jurisdiction over the claim, for state-law matters, or in the United States District Court for the Eastern District of Virginia, Alexandria Division, for matters within federal subject-matter jurisdiction. Each party consents to personal jurisdiction and venue in those courts, subject to any right or limitation applicable law does not permit the party to waive.
12. Severability
If a provision of these Terms of Use is held unenforceable or invalid, it will be limited or reformed to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force. If a provision cannot be reformed, it will be severed and the rest continues to apply.
13. Entire Agreement
These Terms of Use, together with the Terms of Sale, Trade-In Program Terms and Conditions, and Warranty and Return Policy, each as applicable to your activity, constitute the entire agreement between you and Neon on the subjects they cover, and supersede prior or contemporaneous understandings on those subjects. Our Privacy Policy describes how Neon handles personal information and is not part of that agreement.
14. Contact
Questions about these Terms of Use should be sent in writing to [email protected]. Please use email rather than the phone for these, so that both you and Neon have a record of what was asked and what was answered.
15. Conflict Between Documents
Neon publishes several documents that can apply to the same visit or order: this Terms of Use, the Terms of Sale below, the Trade-In Program Terms and Conditions, the Warranty and Return Policy, and the Privacy Policy. Where two of these documents address the same subject differently, the more specific document controls on that subject: the Trade-In Program Terms control trade-in participation, the Warranty and Return Policy controls warranty claims and product returns, the Terms of Sale control the purchase transaction itself, and the Privacy Policy controls the handling of personal information in every case. This Terms of Use controls general use of the Site not addressed by one of the other documents.
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