Sales Policy
Thank you for deciding to purchase services through our website. Please take the time to read the following Terms of Sale carefully. They contain your rights as well as state your obligations as our customer. They contain important information about limitations, exclusions, refunds, compensation, and any other concerns that you may have when purchasing services at www.HeightsSwimLessons.com.
The following Terms of Sale govern completely the sale and purchase of services at our website. These Terms of Sale are to be a binding legal agreement between you and Heights Swim Lessons as owner and operator of this website. By ordering or purchasing services via our website, you agree to be bound by and accept these Terms of Sale as they apply to your purchase.
I. Legal Name and Address
Our website at www.HeightsSwimLessons.com is owned and operated by Heights Swim Lessons, a Texas LLC. Heights Swim Lessons can be reached at 5319 W Ueckert Rd, Bellville, TX 77418. Except where context allows otherwise, “website” or “this website” refers to our website at www.HeightsSwimLessons.com.
II. Provisions of these Terms of Sale
These Terms of Sale shall apply to all customers who place orders or make payments for services at our website unless you have signed a separate formal purchase agreement with Heights Swim Lessons, which agreement provides different terms for the purchase of the services concerned.
These Terms of Sale are within the sole discretion of Heights Swim Lessons, LLC., and are subject to change with or without prior notice. So, be certain to read our Terms of Sale each time you purchase a service through our website. Except as specifically provided in a formal purchase agreement between you and Heights Swim Lessons, LLC., these Terms of Sale shall supersede any other terms, whether oral or written. No oral statements or other documents shall serve to alter, amend, supplement, or otherwise affect or modify the construction and import of these Terms of Sale.
III. Governing Law
This site is owned and operated by Heights Swim Lessons in the State of Texas. The laws of Texas and, where applicable, the United States of America shall, in all respects, govern the construction and enforcement of these Terms of Sale and any sales to which they apply without regard to any principles of conflicts of laws.
a. Jurisdiction
By purchasing products and services on this website, you hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas and the courts of the United States of America that are located in the State of Texas for any litigation arising out of or relating to the use of, or purchases made at our website.
b. Mediation of Disputes
Any dispute, cause, or claim of any nature, including but not limited to contract, tort, common law, or equity brought against Heights Swim Lessons, its agents, employees, successors, assigns, or affiliates, which cannot be settled through direct negotiations, shall be submitted by the parties to mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration.
c. Arbitration of Disputes
Any unresolved controversy or claim arising from or relating to this contract or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and a judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the parties agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator.
The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party’s.
IV. Compensation Requests
By submitting a request for any form of compensation, whether it be a refund or other, you understand that these requests do not have to be fulfilled and will only be fulfilled by the deciding party who originally received these requests based on the provided circumstance of the request.