| Tuesday, February 12, 2019
- General Proposal Conditions. Neither this request for proposals nor any proposals submitted hereunder will impose any obligations on USA Swimming Foundation. USA Swimming Foundation may change the qualifications or requirements set forth herein at any time. USA Swimming Foundation reserves the right to withdraw this request for proposals at any time without prior notice. USA Swimming Foundation also reserves the right to reject all proposals, to seek additional proposals, or to waive any minor administrative irregularities contained in any proposal, when to do so would be in the best interest of USA Swimming Foundation. Nothing herein obligates USA Swimming Foundation to enter into any agreement.
- Publicity Release. By accepting an award, the winner grants USA Swimming Foundation the right to use the winner’s name, biographical information, testimonial, photo and/or likeness, voice, and/or award information or personal exposition (and/or any edited portion thereof) for advertising, publicity, promotional, and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.
- Limitation of Liability. USA SWIMMING FOUNDATION’S LIABILITY ARISING IN CONNECTION WITH THIS REQUEST FOR PROPOSALS WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF (I) $5.00 WITH RESPECT TO NON-WINNERS; (II) $500.00 WITH RESPECT TO WINNERS AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, usa swimming foundation SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. APPLICANT IS NOT ENTITLED TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
- Adjudication of Claims.
- Waiver of Jury Trial. APPLICANT AND USA SWIMMING FOUNDATION HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS REQUEST FOR PROPOSALS.
- Venue. Any action brought by applicant or USA Swimming Foundation relating to this request for proposals shall only be brought in a state or federal court located in the state of Colorado. Applicant hereby submits to the jurisdiction and venue of such courts and waives any objection to which the applicant otherwise might be entitled regarding such jurisdiction or venue.
- CLASS ACTION WAIVER. ANY ARBITRATION, ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS REQUEST FOR PROPOSAL SHALL BE IN THE APPLICANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITHOUT THE WRITTEN CONSENT OF THE APPLICANT, USA SWIMMING FOUNDATION, AND ALL PARTIES TO ANY SUCH PROCEEDING.
5. Governing Law. This request for proposals is governed by U.S. laws and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the request for proposals, or the rights and obligations of applicant and USA Swimming Foundation in connection with the request for proposals, shall be governed by, and construed in accordance with, the laws of the state of Colorado, U.S.A., without giving effect to the conflict of laws rules thereof.
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