TERMS AND CONDITIONS
The terms of use set forth herein (the “Terms and Conditions” or “Terms of Use”) apply
to this website, including any related websites contained or linked to this website
(collectively, the “CitySwing website”), and CitySwing LLC, CitySwing Foundation, Inc.
and their affiliates (collectively, “CitySwing” or “our” or “we” or “us”). Please read the
Terms of Use carefully before using the CitySwing website.
YOUR ACCEPTANCE OF THE TERMS OF USE
By using the CitySwing website you are agreeing to comply with and be bound by the
Terms of Use, as amended from time to time, with or without notice to you. If you do
not agree to the Terms of Use, please do not use the CitySwing website. CitySwing
reserves the right, in its sole discretion, to change, modify, add or remove portions of
the Terms of Use at any time. Therefore, we suggest that you review the Terms of Use
periodically for changes. By using the CitySwing website after we have posted changes
to the Terms of Use, you are agreeing to accept the terms as amended.
YOUR ACCEPTANCE OF THE PRIVACY POLICY
By agreeing to the Terms of Use, you agree to the terms of the Privacy Policy
which is expressly incorporated herein. Before using the CitySwing website,
please carefully review the Privacy Policy. All personal information provided to us
as a result of your use of the CitySwing website will be handled in accordance
with the Privacy Policy. To the extent there are inconsistencies between the
Terms of Use and the Privacy Policy, the Terms of Use control.
OWNERSHIP OF THE CITYSWING WEBSITE AND ITS CONTENT
The CitySwing website, and all information, materials and other content, including,
without limitation, images, illustrations, designs, icons, photographs, video clips, and
written and other materials that are part of the CitySwing website are copyrights,
trademarks, service marks, trade names, trade dress or other intellectual property
owned, controlled or licensed by CitySwing. The CitySwing website and all such
content are protected by copyright, trademark and other laws of the United States, as
well as international conventions and the laws of other countries.
The presence of any content on the CitySwing website does not constitute a waiver of
any right in such content. You do not acquire ownership rights to any content viewed
through the CitySwing website. Except as otherwise provided herein, no content on the
CitySwing website may be copied, reproduced, republished, uploaded, downloaded,
modified, posted, framed, transmitted, distributed or sold in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording, or
otherwise, without obtaining in advance written permission from CitySwing or
CitySwing’s licensors. You may lawfully access and use the CitySwing website to view,
copy, download, or print content on the CitySwing website solely for your personal,
noncommercial use, provided that you do not modify the content and that you retain any
and all copyright and other proprietary notices contained in the content.
TRADEMARKS
CitySwing’s name and logo are trademarks (whether registered or not), service marks
and/or trade dress of CitySwing, and all other trademarks, service marks, trade names,
logos, product and service names, graphics and button icons appearing on the
CitySwing website are trademarks (whether registered or not), service marks and/or
trade dress of CitySwing and/or others. Nothing contained on the CitySwing website
should be construed as granting, by implication, estoppel or otherwise, any license or
right to use any trademark, service mark, trade dress or logo displayed on the
CitySwing website, which use by you without the written permission of CitySwing or
such other third party who may own such trademark, service mark, trade dress or logo
is strictly prohibited. Any unauthorized use of any trademark, service mark, trade dress
or logo displayed on the CitySwing website may violate, among other things, copyright
laws, trademark laws, the laws of privacy and publicity, and communications regulations
and statutes. If you download any information, materials, other content or software from
the CitySwing website, you agree that you will not copy it or remove or obscure any
copyright or other proprietary notices contained in any such information, materials, other
content or software.
USER ACCOUNTS
If you create an account using the CitySwing website, you agree that any
account you create, including your username and password, are personal to you
and may not be used by anyone else. You may not use the contact information of
another person, including address, telephone numbers and e-mail addresses, to
create an account. You are responsible for maintaining the confidentiality of your
password and are fully responsible for all activities that occur under your
username and password by you or by anyone else using your username and
password, whether or not authorized by you. You agree to change your
password immediately if you believe your password may have been
compromised or used without authorization. You also agree to immediately
inform us of any apparent breaches of security such as loss, theft or
unauthorized disclosure or use of your username or password by contacting us
using the information provided below.
LAWFUL USE OF THE CITYSWING WEBSITE
You agree to use the CitySwing website only for lawful purposes and in accordance with
any and all applicable rules, regulations and any applicable local, state, national or other
law. You further agree that your communications with or through the CitySwing website
will not infringe on the rights of any third party or contain defamatory, libelous, abusive
or obscene material. You agree not to upload or transmit through the CitySwing
website any computer viruses, trojan horses, worms or anything else designed to
interfere with, interrupt or disrupt the normal operating procedures of computer software
or hardware or telecommunication equipment. Any unauthorized modification,
tampering or change of any information, or any interference with the availability of or
access to the CitySwing website is strictly prohibited. We reserve all rights and
remedies available to us.
CHILDREN’S PRIVACY
This CitySwing website is directed to persons who are at least seventeen (17) years of
age. By accessing the CitySwing website and disclosing personally identifiable
information, you represent that you are at least seventeen (17) years of age. We do not
knowingly collect, use and/or disclose any personally identifiable information on this
CitySwing website from children under the age of seventeen (17) years. For more
information regarding how to protect the privacy of your child, please view our Privacy
Policy.
DISCLAIMER OF WARRANTY
CITYSWING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO THE CITYSWING WEBSITE OR ITS CONTENT,
OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE
CITYSWING WEBSITE. THE CITYSWING WEBSITE AND ITS CONTENT
(INCLUDING USER-GENERATED CONTENT, IF ANY) ARE PROVIDED ON AN “AS
IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF
ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CITYSWING AND ITS
AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF
PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE CITYSWING
WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR
PROMOTED THROUGH THE CITYSWING WEBSITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, CITYSWING AND ITS AFFILIATES, SERVICE
PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES (I) RELATING TO THE SECURITY OF THE CITYSWING WEBSITE,
INCLUDING, BUT NOT LIMITED TO, THAT THE CITYSWING WEBSITE WILL
OPERATE SECURELY, FREE OF ANY HARMFUL COMPONENTS (INCLUDING
VIRUSES), AND/OR WITHOUT INTERRUPTION OR ERROR AND (II) THAT THE
CONTENT OF THE CITYSWING WEBSITE IS ACCURATE, COMPLETE OR
CURRENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE
COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
CITYSWING, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS EMPLOYEES,
AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS BE LIABLE IN ANY
RESPECT WHATSOEVER FOR ANY LOSSES AND EXPENSES OF WHATEVER
NATURE AND HOWSOEVER ARISING INCLUDING, BUT NOT LIMITED TO, ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY
A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY;
CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER,
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CITYSWING
WEBSITE AND/OR THE INFORMATION, MATERIALS AND OTHER CONTENT IN OR
ACCESSIBLE THROUGH THE CITYSWING WEBSITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO,
THE FOREGOING, YOU ACKNOWLEDGE THAT NO FEES ARE PAID TO
CITYSWING FOR THE USE OF THE CITYSWING WEBSITE, AND ACCORDINGLY,
IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF CITYSWING, ITS
AFFILIATES AND THEIR OFFICERS, DIRECTORS EMPLOYEES, AGENTS,
SUPPLIERS, LICENSORS AND SERVICE PROVIDERS TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN
THE AGGREGATE ONE HUNDRED DOLLARS ($100.00USD) FOR ACCESSING OR
USING THE CITYSWING WEBSITE AND/OR THE INFORMATION, MATERIALS AND
OTHER CONTENT IN OR ACCESSIBLE THROUGH THE CITYSWING WEBSITE.
The applicable laws of certain jurisdictions may disallow or condition certain kinds of
limitations or exclusions of liability. In such a case, the limitations and exclusions set
out in the Terms of Use shall apply to the fullest extent permitted by the laws of the
applicable jurisdictions. However, if any part of this Limitation of Liability IS FOUND TO
BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF CitySwing, its affiliates and their OFFICERS, directors EMPLOYEES,
AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE
HUNDRED DOLLARS ($100.00USD).
Your statutory rights as a consumer, if any, are not affected by these provisions, and we
do not seek to exclude or limit liability for fraudulent misrepresentation.
USER-GENERATED CONTENT
CITYSWING AND ITS AFFILIATES DO NOT ENDORSE AND ARE NOT
RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE
OTHER THAN AUTHORIZED CITYSWING SPOKESPERSONS. WE DO NOT
ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR
OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH
STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE
STATEMENTS, ADVICE AND OPINIONS OF CITYSWING.
CitySwing is not responsible for the accuracy, suitability or quality of any user-generated
content. You are responsible for the content that you post. You may not post, upload
or otherwise make available:
any harmful, hateful, threatening, abusive, harassing, unlawful, libelous,
defamatory, obscene, vulgar, pornographic, profane, racially disparaging or
indecent content, or any content that promotes or encourages any of the
foregoing;
any content that is misleading or fraudulent;
any content that violates or infringes on the rights of others (for example, privacy
or publicity rights, patent rights, copyrights, trademark rights or confidentiality
rights);
any image, name or likeness of anyone other than yourself, unless (i) that person
is at least eighteen years old and you have first obtained his/her express
permission or (ii) that person is under eighteen years old but you are his/her
parent or legal guardian;
any request for or solicitation of any personal or private information;
any request for or solicitation of money, goods, or services for private gain;
any content that contains viruses or any other material designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; or
any content that contains advertising, promotions or marketing, or which
otherwise has a commercial purpose.
You are solely responsible for and can be held personally liable for comments that are
defamatory, obscene, or libelous, or that violate the Terms of Use, an obligation of
confidentiality, or the rights of others. At the time you post any content, you represent to
CitySwing that such content does not violate or infringe on any rights of others
(including, but not limited to, privacy or publicity rights, patent rights, copyrights,
trademark rights or confidentiality rights) and does not contain defamatory or unlawful
material. By using the CitySwing website, you hereby grant to CitySwing and its
affiliates, successors and assigns, a nonexclusive, fully-paid, worldwide, perpetual,
irrevocable, royalty-free, transferable license (with the right to sublicense) to use, copy,
modify, distribute, publicly display and perform, publish, transmit, remove, retain
repurpose and commercialize any content you post.
CitySwing reserves the right to remove or block any user-generated content at any time
without notice in our sole discretion, and to disclose any user-generated content and the
identity of the user who posted it in response to a subpoena or whenever we believe
that disclosure is appropriate to comply with the law or a court order, to prevent or
investigate a possible crime or other violation of law, to protect the rights of CitySwing or
others, or to enforce the Terms of Use.
LINKS FROM AND TO THIRD-PARTY WEBSITES
The CitySwing website may be linked from, any may provide links to, other websites
operated by third parties. Any links from or to other websites are provided merely for the
convenience of the users of the CitySwing website and the inclusion of these links does
not imply an endorsement, representation or warranty by CitySwing with respect to any
such linked websites or the content, products or services contained or accessible
through, or the operators of, such websites. CitySwing does not review or monitor any
websites that are linked to the CitySwing website and is not responsible for the content
of any such linked websites. Your linking from or to such websites is at your sole risk.
Accordingly, CitySwing shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any content, advertising, services, products, or other materials on or
available from such websites. The Terms of Use do not apply to your use of third-party
websites, and your use of such websites is subject to the terms and policies of the
owner of such websites. In addition, you agree not to link any of your websites or any
third-party website to the CitySwing website without the express prior written consent of
CitySwing, and CitySwing reserves the right, at any time, for any reason not prohibited
by law, to deny permission to anyone to link a website from or to the CitySwing website.
INDEMNITY
You release and agree to indemnify and hold CitySwing, its affiliates and their
respective officers, directors, employees and agents harmless from any loss, liability,
claim, or demand, including reasonable attorneys’ fees, made by any third party due to
or arising out of (i) your use of the CitySwing website in violation of the Terms of Use,
(ii) any breach of your representations, warranties and covenants set forth in the Terms
of Use, (iii) any material that you post using the CitySwing website, and/or (iv) the use of
the CitySwing website by any other person using your account. We reserve the right to
defend any such claim, and you agree to provide us with such reasonable cooperation
and information as we may request.
WAIVER
CitySwing’s failure at any time to require performance of any provision of the Terms of
Use or to exercise any right provided for herein will not be deemed a waiver of such
provision or such right. All waivers must be in writing. Unless the written waiver contains
an express statement to the contrary, no waiver by CitySwing or any of its affiliates of
any right under or term or provision of the Terms of Use will be deemed a waiver of any
other right, term or provision of the Terms of Use at that time or a waiver of that or any
other right, term or provision of the Terms of Use at any other time.
SEVERABILITY
If any provision of the Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these terms and
shall not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW, JURISDICTION AND VENUE
The Terms of Use will be governed by and construed in accordance with the laws of the
Distric of Columbia without regard to any conflict of law principles. You agree that any
dispute or action at law or in equity arising out of or relating to the Terms of Use or your
use of the CitySwing website or its contents shall be commenced, and that venue
properly lies, only in state or federal courts located in the City of Washington, District of
Columbia, United States of America, and you consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. However, we
retain the right to bring an action in any jurisdiction where we believe that violation of the
Terms of Use is taking place or originating.
ENTIRE AGREEMENT
The Terms of Use represent the entire agreement between CitySwing, on the one hand,
and you, on the other hand, relating to the subject matter hereof.
QUESTIONS
If you have any questions about the CitySwing website or the Terms of Use, please
contact us using the following information:
CitySwing, LLC
901 New York Avenue, NW
Suite E110
Washington, DC 20001
ATTN: General Manager
Updated as of October 6, 2022
