These Terms and Conditions ("Terms") govern your purchase and use of products, courses, coaching programs, and related materials offered by Swimming in Sales LLC ("Swimming in Sales," "we," "us," or "our"). By purchasing or accessing any of our products, you agree to these Terms.
1. About Us
Swimming in Sales LLC is a limited liability company organized under the laws of the State of Florida, located in Jacksonville, Florida, United States.
Contact: russ@swimminginsales.com
2. Products and Services
We offer the following, each subject to these Terms:
The Course — A self-paced digital training program consisting of pre-recorded video modules and accompanying materials. Purchased once; access does not expire.
The Deep End — A twelve-week one-on-one coaching program consisting of scheduled private coaching calls delivered remotely.
Bundled access — Course access may be included with certain third-party subscription products. Bundled access is contingent on the subscription remaining active and may be revoked if that subscription lapses, is cancelled, or is terminated.
We reserve the right to modify, update, or discontinue any product at any time. Modifications to course content do not entitle you to a refund.
3. Purchase and Payment
All prices are stated and charged in United States Dollars (USD). Payment is processed by our third-party payment processors. We do not store your full payment card details.
You represent that any payment information you provide is accurate and that you are authorized to use the payment method submitted.
Applicable sales tax, VAT, or other taxes may be added at checkout depending on your location. You are responsible for any such taxes.
4. Access and Delivery
The Course: Access credentials are delivered by email to the address provided at checkout, typically immediately following successful payment. It is your responsibility to provide an accurate email address and to check spam or junk folders. If you do not receive access within twenty-four hours, contact russ@swimminginsales.com.
The Deep End: Following purchase, you will receive instructions to schedule your coaching calls. The program runs for twelve weeks from your program start date.
We do not guarantee uninterrupted availability of any online platform used to deliver our products, as delivery may depend on third-party services.
5. License and Permitted Use
Upon purchase, you are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and use the purchased materials for your own individual professional development.
You may:
- Access and view the materials for your own use
- Download materials where a download option is provided, for your own personal reference
You may not:
- Share, sell, sublicense, rent, lend, or otherwise transfer your access or credentials to any other person
- Reproduce, republish, distribute, or publicly display the materials
- Record, screen-capture, or redistribute any coaching call
- Use the materials to create a competing course, training program, or derivative work
- Use the materials to train any artificial intelligence or machine learning system
Access is licensed to a single individual. Purchases made on behalf of a team must include one purchase per individual user unless a written team arrangement has been agreed with us in advance.
We may suspend or terminate your access without refund if we reasonably determine that you have violated this section.
6. Intellectual Property
All content — including videos, audio, scripts, written materials, slides, frameworks, methods, graphics, logos, and the names "Swimming in Sales," "The Deep End," and "Train · Sell · Dominate" — is the property of Swimming in Sales LLC and is protected by United States and international copyright and trademark law.
No ownership rights transfer to you at any time. Your purchase grants a license to use, not ownership of, the materials.
7. Refunds and Cancellation
The Course. Because the course is a digital product delivered immediately upon purchase, all sales are final and non-refundable. By completing your purchase, you acknowledge that you are receiving immediate access to digital content and expressly waive any right of withdrawal or cancellation that might otherwise apply.
The Deep End. Due to the reserved-capacity nature of the coaching program, payment is non-refundable once the program has begun. If you wish to cancel before your first scheduled call, contact russ@swimminginsales.com and we will review your request in good faith.
Missed coaching calls. Calls missed without at least twenty-four hours' notice may not be rescheduled and are not refundable. We will make reasonable efforts to accommodate rescheduling requests made with adequate notice.
Exceptions. If a technical failure on our side prevents you from accessing a purchased product and we are unable to resolve it, contact us and we will work with you toward a fair resolution, which may include a refund at our discretion.
8. No Guarantee of Results
Our products provide sales training and coaching. They do not guarantee any specific outcome.
Any sales figures, income examples, results, or testimonials described in our materials or marketing reflect individual experience and are not typical, guaranteed, or promised. Your results depend on factors we do not control, including your effort, skill, experience, market conditions, the products you sell, your employer, your territory, and your business decisions.
Nothing in our products constitutes legal, tax, financial, employment, or professional advice. You are solely responsible for your own business decisions and for compliance with all laws and regulations applicable to your sales activity.
9. User Conduct
You agree to conduct yourself professionally in all coaching calls and any community spaces we operate. We may remove you from any program or space, without refund, for harassment, abusive conduct, or conduct that materially disrupts the experience of others.
10. Confidentiality
Coaching calls may involve discussion of your specific deals, pricing, customers, and business information. We will treat information you share in coaching sessions as confidential and will not disclose it to third parties, except as required by law.
You likewise agree not to record or share the contents of coaching calls or the confidential information of any other participant.
11. Third-Party Services
Our products are delivered using third-party platforms for hosting, payment processing, email, video conferencing, and scheduling. Your use of those platforms may also be governed by their own terms and privacy policies. We are not responsible for the acts, omissions, availability, or data practices of third-party providers.
12. Disclaimer of Warranties
To the fullest extent permitted by law, our products are provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
13. Limitation of Liability
To the fullest extent permitted by law, Swimming in Sales LLC and its members, officers, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost sales, lost data, or business interruption, arising out of or relating to your purchase or use of our products, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms or your use of our products shall not exceed the amount you actually paid to us for the product giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless Swimming in Sales LLC and its members, officers, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the materials, or your violation of any law or the rights of any third party.
15. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or your purchase shall be brought exclusively in the state or federal courts located in Duval County, Florida, and you consent to the personal jurisdiction of those courts.
Before filing any claim, you agree to first contact us at russ@swimminginsales.com and attempt in good faith to resolve the dispute informally for a period of thirty days.
17. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Changes apply prospectively to purchases made after the revision date. Your continued use of previously purchased materials following an update constitutes acceptance of the revised Terms.
18. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swimming in Sales LLC regarding your purchase and use of our products, and supersede any prior agreements or understandings.
Our failure to enforce any provision shall not constitute a waiver of that provision.