# STOKED.AC TERMS OF SERVICE **Effective Date:** 2026-01-17 By using **Stoked.ac** (the "Service", or "Stoked",), you agree to these Terms of Service, Conditions, Policies, and Privacy Statement (collectively, the "Terms"). If you do not agree, do not use the Service. --- ## 1. WHO WE ARE AND PARTNER RELATIONSHIPS Stoked is operated by **Swerl Inc.**, a for-profit software and services company. **Jesse Smith is the Director of Swerl Inc.** Swerl Inc. may provide services to ** Coronado Aquatics Club**, a California nonprofit organization, as well as other affiliated clubs, facilities, vendors, or host organizations. **Swerl Inc. and Coronado Aquatics Club are separate legal entities.** Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between them. Fees paid to Swerl Inc. are for services provided by Swerl Inc. and do not constitute charitable donations to Coronado Aquatics Club unless expressly stated in writing. --- ## 2. DEFINITIONS For purposes of these Terms: **"Service"** means *all* products, software, applications, websites, dashboards, tools, programs, features, AI-assisted systems, communications (including email, text, in-app messages, and announcements), data outputs, content, documentation, payment flows, registrations, events, in-person activities, practices, trainings, camps, clinics, scrimmages, parades, tournaments, athletic experiences, recreational activities, and services provided, operated, or made available by Jesse Smith and/or Swerl Inc., whether now existing or offered in the future, and whether accessed directly or through a third party. **"You"** means the individual, athlete, participant, parent, guardian, coach, organization, or other entity accessing, purchasing, or participating in the Service. **"Content"** means any data, text, messages, images, files, inputs, prompts, submissions, medical information, waivers, communications, schedules, analytics, insights, outputs, or materials provided by you or generated through the Service. --- ## 3. ELIGIBILITY AND PARENTAL RESPONSIBILITY You must be at least 13 years old to use the Service. If you are under 18 years old, a parent or legal guardian ("Parent") must consent to participation and use of the Service. **The Parent agrees to these Terms on behalf of the minor AND on behalf of themselves individually.** The Parent assumes full responsibility for: * The minor’s participation and conduct * All risks of injury or loss * All fees, payments, medical decisions, and communications * Compliance with these Terms, including dispute resolution and arbitration --- ## 4. EXPERIMENTAL AND VARIABLE NATURE OF THE SERVICE The Service is **new, evolving, and experimental**. Features, software, schedules, staffing, locations, formats, dates, availability, outputs, and experiences: * Are subject to change without notice * May be incomplete, inaccurate, delayed, rescheduled, shortened, relocated, or canceled * May not operate as described or expected * May fail entirely You acknowledge and accept all risks associated with a changing and evolving Service. --- ## 5. WATER POLO, ATHLETICS, AND EXPERIENCE-BASED PARTICIPATION The Service may include **water polo, swimming, golf, golf-course activities, parades, public events, and other athletic or outdoor activities**. All fees paid are for **participation in an overall experience**, **not** for a guaranteed or defined number of practices, sessions, minutes, dates, locations, coaches, or outcomes. Practice times, dates, locations, groupings, staffing, and formats may change at any time due to facility availability, weather, staffing, safety, competition needs, or operational decisions. Missed sessions, schedule changes, substitutions, or cancellations do **not** entitle you to refunds, credits, or make-up sessions. --- ## 6. GENERAL DISCLAIMER & ASSUMPTION OF RISK Participation in athletic and recreational activities involves **inherent risks**, including serious injury or death. To the **maximum extent permitted by law**, you voluntarily assume all known and unknown risks associated with participation in the Service, including risks arising from the **ordinary negligence** of Swerl Inc., Coronado Aquatics Club, Jesse Smith, coaches, volunteers, partners, facility operators, participants, and affiliated entities. This assumption of risk does **not** apply to gross negligence or willful misconduct where such limitation is prohibited by law. ### Water Polo & Swimming Risks * Physical contact, collisions, accidental impacts * Drowning, distress, or near-drowning incidents * Cold water, slippery surfaces, underwater hazards * Open-water risks including rip currents, marine life, stingrays, jellyfish, and sharks ### Golf & Golf-Course Risks * Being struck by golf balls, clubs, or debris * Uneven terrain, bunkers, wet grass, cart paths, and drop-offs * Golf cart accidents, vehicle collisions, or equipment failures * Weather exposure including heat, sun, wind, lightning, and storms ### Parades, Public Events & Crowds * Crowds, jostling, loud noises, moving vehicles or floats * Trip hazards, limited visibility, staging and equipment risks ### General Athletic & Recreational Risks * Sprains, strains, fractures, concussions, and other injuries * Environmental hazards, dehydration, heat exhaustion * Mistakes or ordinary negligence by staff, volunteers, participants, or third parties You agree to **release, waive, discharge, and hold harmless**, to the fullest extent permitted by law, Swerl Inc., Coronado Aquatics Club, Jesse Smith, and affiliated parties from claims arising out of participation. --- ## 7. MEDICAL AUTHORIZATION You authorize Swerl Inc., affiliated organizations, coaches, volunteers, emergency responders, and medical professionals to administer first aid or emergency treatment as reasonably necessary. You accept full financial responsibility for any medical care required. --- ## 8. NO PROFESSIONAL ADVICE / NO GUARANTEES The Service does **not** provide legal, medical, financial, academic, athletic, or psychological advice. No guarantees are made regarding outcomes, performance, improvement, playing time, selection, rankings, or results. --- ## 9. USER CONTENT, DATA, AND FEEDBACK You retain ownership of Content you provide. You grant Swerl Inc. a **perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license** to use your Content for operating, improving, analyzing, and protecting the Service. Usage data, analytics, and feedback are owned exclusively by Swerl Inc. --- ## 10. PAYMENTS, FEES, REFUNDS, AND CREDITS All payments are **final**. **No refunds** will be issued under any circumstances, including dissatisfaction, schedule changes, missed sessions, or service modifications. You agree **not to initiate chargebacks or payment disputes** for valid charges. Initiating a chargeback constitutes a material breach of these Terms. We reserve the right to submit this agreement, attendance records, communications, and related documentation to payment processors or financial institutions to contest chargebacks. Credits may be issued **only at the sole discretion of the Director**, may be partial, may include administrative deductions, are non-transferable, have no cash value, and may expire. --- ## 11. TERMINATION AND RIGHT TO REFUSE SERVICE We reserve the right to refuse service, suspend participation, or terminate access at any time, with or without notice, consistent with applicable law. Termination does not entitle you to any refund or compensation. --- ## 12. PRIVACY We do not sell personal data. We may share personal information with **service providers** (such as payment processors, communication tools, analytics providers, hosting services, and facilities) solely as necessary to operate, support, and improve the Service. By registering or participating, you consent to: * Email, text, and digital communications regarding programs, schedules, safety notices, and updates * Use of cookies, analytics, and similar technologies * Direct communication from Jesse Smith or Swerl Inc. You may opt out of non-essential communications at any time. Required operational or safety communications may still be sent. --- ## 13. DISCLAIMER OF WARRANTIES THE SERVICE IS PROVIDED **"AS IS" AND "AS AVAILABLE."** ALL WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. --- ## 14. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL LIABILITY SHALL NOT EXCEED **$100 OR THE AMOUNT PAID IN THE PRIOR 12 MONTHS, WHICHEVER IS LESS**. --- ## 15. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Swerl Inc., Jesse Smith, Coronado Aquatics Club, and affiliated parties from any claims arising from your participation or violation of these Terms. --- ## 16. DISPUTE RESOLUTION All disputes must first be submitted in writing to Jesse Smith. If unresolved, disputes shall proceed to: 1. Independent mediation 2. **Binding arbitration**, conducted on an individual basis only **YOU AND SWERL INC. WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.** For minors, the Parent agrees to arbitration **both on behalf of the minor and individually**. Court litigation is waived except to enforce arbitration or where prohibited by law. --- ## 17. GOVERNING LAW AND VENUE These Terms are governed by California law. Mediation and arbitration shall occur in **Los Angeles County, California**. --- ## 18. ENTIRE AGREEMENT These Terms constitute the entire agreement between you and Swerl Inc. --- ## 19. ACKNOWLEDGMENT By registering, purchasing, or participating, you acknowledge that you have read, understand, and agree to these Terms, voluntarily assume all risks, and are legally bound by this agreement.