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Swell Life Fitness Disclaimer

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE

All information is provided “as is”, without any representations or warranties of any kind, and Swell Life Fitness expressly disclaim all express and implied warranties including those with respect to accuracy, completeness, timeliness or fitness for a particular purposof the information on this website or of any product or service referenced on this website, unless otherwise expressly indicated.

Swell Life Fitness does not assume responsibility for any losses, damages, whether direct, indirect, special or consequential, which arise out of the use or misuse of this website howsoever caused, whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. The information on this website is subjec t to change without notice.

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As with all programs, techniques and materials related to health, exercise and fitness, Swell Life Fitness strongly recommends that you not rely upon or follow the programs, techniques or use any of the products and services made available by or through the use of this website for decision making without obtaining the advice of a physician or other health care professional. The information, products and services made available by or through the use of this website are provided for use by persons who have satisfied themselves as to the appropriateness of its use for themselves after obtaining the advise of a physician or other health care professional. The nutritional and other information on this website is not intended to be and does not constitute health care or medical advice and must not be used to make any diagnosis specific to the online user. Swell Life Fitness does not employ dietitians or any other health care professionals.

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If you have chosen not to obtain a physician’s permission prior to beginning this program with Swell Life Fitness then you are doing so at your own risk.

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By your use of this website you acknowledge that you do hereby waive, release and forever discharge Swell Life Fitness and their respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with your participation in any of the Swell Life Fitnessexercise programs (including any newsletters, blogs, or videos) whether arising from the negligence of Icon Media International, Inc., or their respective employees, heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and other parties involved in the creation, production or delivery of the site, or otherwise.

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Independent parties develop websites that may be accessed from this website. Swell Life Fitnessis not responsible for the privacy policies or the accuracy of the information in such websites, nor do they endorse products offered in those websites. Swell Life Fitness does not represent or warrant that unauthorized use of information from this or other websites does not infringe on the trademark rights of third parties.

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By your use of this website, you acknowledge that none of Swell Life Fitness, associated compainies., and their respective employees, heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, or other parties involved in the creation, production or delivery of the website will be held liable for any damages suffered or incurred by you or any third person arising out of:

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(a) any fault, interruptions or delays in the provision of this website

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or

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(b) any inaccuracies, errors or omission on this website or any product or services referenced on the site, however such faults, interruptions, delays, inaccuracies, errors or omissions arise.

The liability, if any, of Swell Life Fitness shall be limited only up to the amount paid by the user for the products and/or services herein.

Privacy policy statement

Swell Life Fitness takes the issue of privacy seriously. We assure you that the security and confidentiality of any personal information that you disclose while visiting our website will be respected. Policies governing the protection of privacy on our website are strictly observed and enforced to ensure that this happens.

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In our online access area, you may be asked to provide personal information that is necessary for us to communicate with you, to provide you with a training program and any other information that Swell Life Fitness consider may be valuable to you. Personal financial information is required to enable us to bill you for products and/or services that you have requested. It is your responsibility to ensure that the information provided to Swell Life Fitness by you is complete and accurate.

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YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THIS WEB SITE

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Use of information collected

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We use the information collected from you when you visit our website to address your specific requests and to provide better customer service, including the provision of the latest information regarding our products and services. The information collected may also be used to document communications between

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Parent compainies and Swell Life Fitness and our online users and to comply with any applicable legal and/or regulatory requirements.  

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E-Mail Privacy Policy

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Our email marketing is permission based. If you received a mailing from us, our records indicate that (a) you have expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered or purchased or otherwise have an existing relationship with us.

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If you believe you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to support@SwellLifeFitness.com for review.

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How can you stop receiving email from us?

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Every email sent from us contains an easy, automated way for you to cease receiving email from us. If you wish to do this, simply click on the Unsubscribe link at the end of any email.

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Use of Web Beacons

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When we send you emails, we may include a web beacon to allow us to determine the number of people who open our emails. When you click on a link in an email, we may record this individual response to allow us to customize our offerings to you. Web beacons collect only limited information, such as a cookie identifier, time and date of a page being viewed, and a description of the page on which the Web Beacon resides (the URL).

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Web Beacons can be refused when delivered via email. If you do not wish to receive Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

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Cookies and Related Technology

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This Website’s pages or e-mail messages may contain cookies, web beacons (also known as clear gifs), or similar technologies as they become available. Cookies are information files that this Website may place on your computer to provide extended functionality.

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Swell Life Fitness may use cookies for a number of purposes, such as tracking usage patterns on the Website, measuring the effectiveness of advertising, limiting multiple responses and registrations, facilitating your ability to navigate the Website and as part of a verification or screening process. Most browsers are initially set up to accept cookies. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions, “Help” screen, or similar such resource to learn more about how to manage cookies and possibly reset your browser to refuse all cookies or to indicate when a cookie is being sent by indicating this in the preferences, options, or similar such menu in your browser. However, it is possible that some parts of this Website will not operate correctly if you disable cookies and you may not be able to take advantage of some of this Website’s features. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.

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Swell Life Fitness may use various types of advertising including ads on third party sites and services. Swell Life Fitness may use categories of information, including names and email addresses, collected from users on our sites, as well as third party sites and services, in connection with the ads that are served. This advertising may include, but not limited to, contextual advertising, cookies, anonymous cookies, pixels, persistent identifiers, geolocation information, email opt in, search engine terms, behavioural advertising and/or retargeting advertising.

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This type of advertising is a form of targeted advertising, to the

specific individual who is visiting the Web site. These advertisements appear on websites or other media, including display ads, pop up ads and ads displayed in mobile browsers. Those advertisements are selected and served by automated systems based on the interests relevant to the user from the content displayed to the user, based on what the user is viewing.

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Swell Life Fitness may use may use Google Analytics tracking code to support Display Advertising, and enable Google Analytics to collect data about your traffic via the DoubleClick cookie in addition to data collected through the standard Google Analytics implementation.

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Swell Life Fitness does not conduct inquiries into the information collecting practices of third parties that may collect information from users that leave our Web sites.

Access to information collected

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Certain employees will be provided with information about a website visitor in order to fulfill that user’s requests and provide the user with requested information regarding specific products. Our employees are instructed to use strict standards of care in handling the personal information of our clients, and the use of such information is dealt with in our internal code of conduct. Employees who do not conform to Icon Media International, Inc.’s confidentiality rules are subject to disciplinary sanctions which may include dismissal.

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Swell Life Fitness does not transmit any personal information collected through this website to any third parties. Personal information may be transmitted, however, if there is a specific need to complete a transaction requested by the online user.

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Unauthorized downloading, re-transmission, storage in any medium, copying, redistribution, or republication for any purpose is strictly prohibited without the written permission of Icon Media International, Inc.

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All matters that do or may arise, in any way relating to the use of this website, are subject to and shall be governed, construed and enforced exclusively in accordance with the laws of Puerto Rico, and the laws of Puerto Rico applicable therein, excluding rules of private international law that lead to the application of the laws of any other jurisdiction, and your use of this website is and shall be deemed to be your irrevocable agreement to the courts of Puerto Rico having the exclusive jurisdiction to hear any matter arising in connection with such use.

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If you have any questions about the protection of personal information that you have disclosed on the website owned by Swell Life Fitness, or the terms and conditions of use thereof, please send an e-mail to support [at] SwellLifeFitness.com, or contact us by mail at the address below, so that we can address your questions as quickly and completely as possible.

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Cookie Usage

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Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

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We use cookies to:

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Help remember and process the items in the shopping cart.Understand and save user’s preferences for future visits.Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.

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You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

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Google

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We have implemented Demographics and Interests Reporting.

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We will not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature unless we have robust notice of, and the user’s prior affirmative consent to, that merger.

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We along with third-party vendors, such as Google use first-party cookies to compile data regarding user interactions with our website. It’s also important to note that we allow third party behavioral tracking.

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You can opt out by visiting the Network Advertising initiative opt out page or using the Google Analytics Opt Out Browser add on. https://tools.google.com/dlpage/gaoptout/

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Questions / Contact

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If have questions, you may contact us by mail at: Swell Life Fitness: Privacy Administrator 151 San Francisco Street, Suite 200-5008San Juan, Puerto Rico 00901 Or by email at Support@SwellLifeFitness.com. We do not accept, privacy or legal terms queries by phone or fax.

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Copyright © 2020 Swell Life Fitness.

All rights reserved.