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 IT’S 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.

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 ot 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) relation 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 of profit; loss of or damage to property; claims of third parties; or other losses of any king 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.  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 front he use of, or the inability to use, the CitySwing website an/o 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 USD) 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 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 USD). 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: Director of Operations