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Last Updated APRIL 2024THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE PARTICIPATING IN THE PROGRAM (AS DEFINED BELOW).
This Affiliate Agreement constitutes the provisions herein, the Swing University Terms of Service, the Swing University Privacy Policy, both of which are incorporated herein by reference (collectively the “Agreement”). The Agreement governs your activity, application to join, and any subsequent participation in, Swing University's Affiliate program (the “Program”). By accepting the Agreement, or by participating in the Program, you (“Affiliate,” “You” or “you”) agree to be bound by the terms thereof and agree that this is a binding legal agreement between You and Swing University Inc. (“Swing University,” “we” or “us”). If You are or represent a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement. Swing University reserves the right to modify the Agreement at any time. Your continued participation in the Program shall be deemed acceptance of any new versions of the Agreement. Affiliate is responsible for ensuring its employees, agents, and representatives comply with this Agreement. Any breach of the Agreement by an employee, agent, or representative acting on Affiliate’s behalf shall be deemed a breach by the Affiliate.
You agree to provide all information reasonably requested by Swing University in connection with Your Program application, and You represent and warrant that all information that You provide is truthful and accurate. You understand and agree that Swing University retains sole and exclusive discretion to determine whether You qualify for participation in the Program. Swing University reserves the right to change its criteria for the Program at any time, for any reason. You expressly consent to be contacted about your application and the Program via the email address and the phone number You provide in Your application. It is your responsibility to control the notifications you do, or do not, receive through your device. To stop receiving text messages from Swing University, use the mobile phone corresponding to the number enrolled in Swing University text messages and reply “STOP” in response to a text message from the Swing University text messaging program. This will only opt you out of the specific Swing University text messaging program associated with that phone number, and you will remain opted in to any other text messaging programs in which you have enrolled. The opt out does not preclude messaging that Swing University sends for necessary services. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of Swing University, and Swing University is not responsible or liable for issues arising from them. Swing University reserves the right to modify or discontinue, temporarily or permanently, all or any part of Swing University text messages, with or without notice. Swing University may suspend or terminate your receipt of Swing University text messages for any reason without notice to you.
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