FULL TERMS & CONDITIONS, and WAIVER OF LIABILITY below

 

*completion of payment and subscription is acceptance of Terms & Conditions.

 

ABBREVIATED TERMS & CONDITIONS

DISCLAIMER - MEDICAL: You accept responsibility to consult a physician before participating in any physical regimen. Participation is solely by choice and not mandatory. Any suggested movements, intensity, speed or strength demands of movements are demonstrated as possible movements for the healthy functional non-restricted non-limited general population; as such it may not suitable to each individual. Any suggested movements does not supersede recommendations by a doctor, physical therapist or similar medical professional. You accept full responsibility over your body, what movements to participate in, to what degree, intensity, speed or strength demand. You accept responsibility for slowing down, taking a break or stopping of participation as needed. 

 

DISCLAIMER: Push & Reach class is an open class format by which one instructor leads demonstrations of physical movements. You accept it is not reasonable for the instructor to be aware of the needs of each participant. You accept that is not reasonable for the instructor to able to assess, correct, adjust or modify movements for each participant. As such you accept the responsibility to notify the instructor of any assistance that you may need. Including medical assistance. 

 

DISCLAIMER - MOBILE APP SERVICE: Content is based on the expertise, qualifications, experience and anecdotal expressions of Swift Recovery, LLC - content is for informational and educational purposes only. The verbiage expressed in the content is to increase entertainment value and ease of learning experience - verbiage expressed does not supersede recommendations provided by a medical professional, and/or physical therapists. You accept full responsibility for the following of any content provided - You accept full responsibility for your health and well being, including use of best judgement for your safety, and prevention of any bodily harm - You accept full responsibility for verifying via your own research the validity of any information provided in the content of mobile app service or in-person classes. You accept the following in your words: I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHER’S NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless Swift Recovery, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Swift Recovery LLC incurs any of these types of expenses, I agree to reimburse Swift Recovery LLC.

 

 

SERVICE: Push & Reach is a general format of classes provided by Swift Recovery LLC at a designated location, subject to change (time, duration and locations are subject to change). Classes may range from 15-minutes to 60-minutes in duration. Each class has a general themed component with choreographed movements and instructions. Subscription may 

include all Push & Reach classes, or subscription may be per class (it is your responsibility to confirm before purchase which product(s) is purchased).

 

PRICING: Prices may be subject to change. Prices are adjusted in accordance with the general market value of similar classes and businesses in the area (the same class in one area of town may be priced higher or lower in another area of town - due to the market value of the class, demand, and costs of holding the class per venue). As of January 1, 2024 the competitive adjusted market value of Push & Reach classes may range from $35-65 per class (it is your responsibility to confirm the purchase value for your designated class and location). 

 

MOBILE APP: Push & Reach via Swift Recovery, LLC mobile app (third party provider Trainerize.com) is a separate product. For promotional purposes, the purchase subscription of the mobile app service may be bundled in with Push & Reach classes or subscribed to separately. Price of the mobile app service may be subject to change. The videos, themes, content, may be reformatted and subject to change. As technology and learning practices methods evolve, so too may the presentation and style of the app and its content change and evolve. Prices of the mobile app service are adjusted in accordance with the general market value of similar app services, content providers, and businesses of similar industries. As of January 1, 2024 the competitive adjusted market value of the mobile app service (Push & Reach content) may range from $10-65 monthly subscription (it is your responsibility to confirm the subscription value for your designated content selection). Push & Reach is a specific content offering amongst the many other mobile offerings within the product line of Swift Recovery, LLC (Push & Reach mobile offering includes the content channels/categories: Feel Better, Move Better, and Perform Better - Does not include other Swift Recovery, LLC channels, or premium Sport-Specific 'Perform Better' channels - subscribed to separately). 

 

BUNDLE: Subject to change at any time. As of January 1, 2024 the EARLY PROMOTION BUNDLE is $65 monthly subscription. This bundle includes Push & Reach mobile app content valued at $24.99, and (1) class valued at $35. The remaining $5.01 is allocated to maintaining administrative, and back-end costs of the classes and mobile app, including sales tax, that is not being charged additionally. STANDARD SUBSCRIPTION BUNDLE is $115 monthly subscription. This bundle includes Push & Reach mobile app content valued at $24.99, and (3.3) classes at a discounted value of $27 each. The remaining $0.91 is allocated to maintaining administrative, and back-end costs of the classes and mobile app, including sales tax, that is not being charged additionally. 

 

OPTION SPECIAL PURCHASE: OPTION 1: if subscription is not desired, payment per class is possible. Payment must be received in full before the start of class. Payment amount is as advertised at the moment, per class type, and location - purchase amount may be subject to change. OPTION 2: Subscription of Push & Reach mobile app service valued at $24.99, allows for special pricing option per class of a discounted value of $30 per class. Subscription must remain active and in good-standing for discount per class to apply. Purchase per class must be received in full before the start of each class. 

 

REFUND: Once payment of class is received and class time begins, purchase is non-refundable. Once the initial first month’s subscription is paid and maintained for longer than 3 business days, the full amount is non-refundable. Refund of mobile service app is only eligible for first month purchase and within the first (3) business days of purchase subscription. Satisfaction of class participation, or completion of participation through full duration of class is not a guarantee or requirement for refund. Payment received for class is for admission only.

 

CLASS CREDITS: Classes may be cancelled at any time for any reason. Purchase for a class is not refundable, it will be credited and forwarded to the next future class. 

MEDICAL CANCELLATION/REFUND: If cancellation is due to a medical purpose, the medical note by an authorized, licensed medical professional must be submitted for review, including providing a copy for record keeping by Swift Recovery LLC. The Mobile App subscription will be cancelled, but not refunded. The remaining credits of un-used classes will be refunded. You accept responsibility for providing medical cancellation notice in a timely and professional manner. Email notice to: Ro@swiftrecovery.life . Refund is only eligible within the month that the valid medical note is presented; for the month it is presented within. Not for prior months, or when the medical note may have first been written by medical professional - it affects only when presented properly for review by Swift Recovery, LLC via email: Ro@swiftrecovery.life. 

 

BILLING: billing cycle of monthly subscription may not always reoccur on the same day of every month. Billing is on a 4 week cycle from the date of purchase. 

 

FREE CLASS: Free classes are not refundable, as payment for a free class is not received. Subscription bundles include a limited number of classes per month, ranging from 1 class to 3.3 paid classes per month - allowing for an adjusted yearly averaged outcome of at least (1) free class per month or at most (3.3) free classes per month - depending on bundle subscription. EXAMPLE 1: every Bundle Subscriber will receive at least (1) free class each month. EXAMPLE 2: if (1) class is cancelled, no refunds will be given, as the (1) free class cancelled would be the Free class provided. 

 

NON-USAGE: Non-usage of mobile app service or class is not an eligible/acceptable reason for refund. You accept responsibility for attendance of classes paid for, and for use of mobile app service. Payment of each month's class is per month, and does not roll over. A missed class becomes a "lost" class if not attended. If multiple classes continue to be missed and lost, you accept responsibility to notify Swift Recovery, LLC (via email: Ro@swiftrecovery.life) that you elect to adjust your subscription options or cancel subscription. Mobile App Service is tied into the Bundle Package; if mobile app subscription is cancelled for any reason, including non-usage, you accept and understand that eligibility of special bundle pricing is forfeited. 

 

CANCELLATION: Cancellation may be done by yourself at any time via your personal account via the desktop version of the mobile app service site: www.swiftrecovery.trainerize.com - cancellation may also be submitted via email to Ro@swiftrecovery.life - cancellation must be submitted before 3 days of next billing cycle charge. Otherwise, you accept responsibility of possible charges to your account by attempting to cancel within 3 days of next billing cycle date. 

 

EJECTION: You accept and understand that you may be ejected and removed as a participant from classes, as well as mobile service app (for any misuse, or inappropriate behavior). If your behavior becomes a distraction, detriment or a danger to yourself, the instructor, other participants and other bystanders of the space, Swift Recovery, LLC agents, representative, instructors, etc, reserve the right to eject and remove you. If you do not comply, you accept responsibility for the cost of the class to Swift Recovery, LLC for costs of holding the class in the venue, and including the reimbursement cost to the attending participants for the immediate cancellation of the class. Due to your possible non-compliance and risk of escalation or danger to yourself and others.

 

……….. THIS DOCUMENT CONTAINS 2 FORMS: WAIVER AND RELEASE OF LIABILITY + TERMS AND CONDITIONS ……..

*The completion of purchase including subscription serves of acknowledgement of understanding and acceptance to adherence of Waiver and Release of Liability, and Terms and Conditions. 

 

*THIS DOCUMENT CONTAINS 2 FORMS:

WAIVER AND RELEASE OF LIABILITY + TERMS AND CONDITIONS

 

   

FORM #1

In consideration of the risk of injury while participating in fitness and stretching (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executers, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Swift Recovery LLC, located in Houston, TX (website: www.swiftrecovery.life; Mobile APP: swiftrecovery.trainerize.com), their affiliates, managers, members agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S).

NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

 

I agree to indemnify and hold harmless Swift Recovery LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Swift Recovery LLC incurs any of these types of expenses, I agree to reimburse Swift Recovery LLC.

 

I acknowledge that Swift Recovery LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Swift Recovery.

 

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND

PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE SWIFT RECOVERY LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST SWIFT RECOVERY LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

WAIVER AND RELEASE OF LIABILITY

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Swift Recovery LLC, its agents, and employees.

 

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

 

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness

 

This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both and Swift Recovery LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with purposes for which it is entered into.

 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

 

In the event of an emergency, please contact the following person(s) in the order presented: Emergency Contact               Contact Relationship

 

Contact Telephone

 

*It is your responsibility to email additional information to ro@swiftrecovery.life : Emergency Contact, Contact Relationship, Contact Telephone and Email

 

In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:

 

I hereby certify that I am the parent or guardian of named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.

 

By purchasing, including subscription, you agree to the Waiver and Liability of Swift Recovery, LLC.

 

 

FORM #2                     

 

Last Updated: February 4, 2022

 

Swift Recovery, LLC Terms and Conditions of Use For Residents of the United States

 

Swift Recovery, LLC and its subsidiaries (“Swift Recovery”, “HAB.it”, “HAB.it Virtual Coaching”) will be referred to by its trade-name Swift Recovery, collectively. During the entirety of this document identifier pronouns “we,” “us,” “our,’ and trade-name Swift Recovery will be used interchangeably to reference Swift Recovery LLC and its subsidiaries, mentioned above. Swift Recovery  is  pleased  to  provide  you  with  access  to  and  use  of  our  website: www.swiftrecovery.life, mobile and device applications (swiftrecovery.trainerize.com), content, streaming services, products, services, goods, equipment, equipment interfaces, promotions, software, technology and any other materials (collectively, “Swift Recovery Services”) that we may provide.

 

PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 9) WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH SWIFT RECOVERY. EXCEPT WHERE PROHIBITED BY LAW AND AS SET FORTH IN SECTION 9, BY PURCHASING, ENGAGING WITH OR OTHERWISE USING ANY SWIFT RECOVERY SERVICES, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND SWIFT RECOVERY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE  ARBITRATION.  IF  YOU  DO NOT AGREE TO THESE TERMS AND CONDITIONS,  PLEASE  IMMEDIATELY  CEASE  USE  OF  ANY  SWIFT  RECOVERY SERVICES.

THE SWIFT RECOVERY SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE ANY SWIFT RECOVERY SERVICES WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.

The Buyer’s Right to Cancel applies to Swift Recovery end consumers referred by an independent Team Swift Recovery Coach. The Buyer’s Right to Cancel does not apply to independent Team Swift Recovery Coaches.

1. Contract Between You and Swift Recovery; Privacy Policy.

These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available here) form a legally binding agreement between you and Swift Recovery, and govern your access and use, and our provision of, the Swift Recovery Services and any other technology, content, items or other materials provided by or through Swift Recovery, or otherwise on which these Terms are provided (including via links). BY ACCESSING OR USING ANY SWIFT RECOVERY SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING WITHOUT

 

LIMITATION SECTION 9 BELOW), OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE.

 

Supplemental terms and conditions may apply to certain Swift Recovery Services, such as rules for a particular contest, sweepstakes, competition, or other activity, or terms that may accompany certain content, software or other materials accessible through the Swift Recovery Services, such as terms related to Swift Recovery On Demand and Swift Recovery On Demand Interactive (e.g., Trial Terms and Conditions, Streaming Rules, Codes of Conduct, etc.) (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.

Please note that for Team Swift Recovery Coaches, in the event of any direct conflict between these Terms and the Team Swift Recovery Coach Policies and Procedures and Compensation Plan (collectively, “P&P”) to which you agreed at the time you signed up as a Team Swift Recovery Coach, the P&P will govern and control.

 

Changes to These Terms.

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Swift Recovery Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Swift Recovery Services. By continuing to use any Swift Recovery Services after the 30-day period referenced above in this Section, you expressly accept any applicable changes. Please note our employees, customer service representatives, Team Swift Recovery independent Coach distributors, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

 

Swift Recovery’s Intellectual Property; Limited License to Swift Recovery Services.

Ownership.

You acknowledge and agree that the Swift Recovery Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by Swift Recovery, LLC or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain Swift Recovery Services (such as our third-party mobile applications and online tools) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Swift Recovery and/or its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Swift Recovery’s ownership of the Swift Recovery

 

Services, and that you gain no rights, title, or interest in or to any Swift Recovery Services or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and Swift Recovery. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Swift Recovery or any third party. Any and all goodwill arising from your use of any Swift Recovery Services shall inure solely to the benefit of Swift Recovery.

 

Limited License.

For any Swift Recovery Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Swift Recovery Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

 

Restrictions.

You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Swift Recovery Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Swift Recovery Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Swift Recovery Services; (iv) access or use any Swift Recovery Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Swift Recovery Services or any part thereof, except as expressly authorized in these Terms or as part of the Swift Recovery Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Swift Recovery Services or connected network, or interfere with any person or entity’s use or enjoyment of any Swift Recovery Services; (vii) access, monitor, or copy any element of the Swift Recovery Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Swift Recovery Services, unless you have an executed agreement with us that expressly allows for such activity.  You may not access or use any Swift Recovery Service in violation of United States, or other applicable export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Swift Recovery Services, you represent and warrant that: (ix) your access to and use of the Swift Recovery Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S.

 

government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Swift Recovery Services and our websites.

 

Third Party Services and Content.

Certain Swift Recovery Services may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the Swift Recovery Services. There is no implied affiliation, endorsement or adoption by Swift Recovery of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.

Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Swift Recovery Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Swift Recovery Services. SWIFT RECOVERY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY SWIFT RECOVERY SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL SWIFT RECOVERY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM  YOUR  RELIANCE  ON  THIRD-PARTY  CONTENT  POSTED  ON  THE  SWIFT RECOVERY  SERVICES  OR  TRANSMITTED  TO  OR  BY  ANY  THIRD-PARTY  IN CONNECTION WITH THE SWIFT RECOVERY SERVICES.

 

App Providers.

If you access any Swift Recovery Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a Swift Recovery Service to operate as intended.

When accessing any Swift Recovery Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and Swift Recovery, and not with the App Provider, and that we are solely responsible for any Swift Recovery Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any Swift Recovery Services; (iii) in the event of any failure of the Swift Recovery Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the

 

Swift Recovery Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Swift Recovery Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any Swift Recovery Services or your possession and use of the Swift Recovery Services, including without limitation: (d) product liability claims; (e) any claim that the Swift Recovery Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the Swift Recovery Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the Swift Recovery Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and

(vii) you must also comply with all applicable third party terms of service when using the Swift Recovery Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

 

F. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THE SWIFT RECOVERY SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL  FAULTS,  ERRORS  AND  OMISSIONS,  AND  WITHOUT  ANY  PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SWIFT RECOVERY SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,  SATISFACTORY  QUALITY,  UPTIME,  ACCESSIBILITY,  AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE SWIFT RECOVERY SERVICE WILL MEET  YOUR  REQUIREMENTS  OR  THAT  THEY  WILL  BE  UNINTERRUPTED  OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY SWIFT RECOVERY SERVICES. YOU AGREE TO USE THE SWIFT RECOVERY SERVICES AT YOUR SOLE RISK.

YOU WILL NOT HOLD SWIFT RECOVERY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR

 

DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SWIFT RECOVERY SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE SWIFT RECOVERY SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS  PROVIDED  BY  LICENSE  TO  US  FROM  THIRD  PARTIES.  CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH SWIFT RECOVERY; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR  USEFULNESS  OF  THIRD-PARTY  CONTENT,  THIRD-PARTY  SERVICES,  OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.

 

G. Mobile Networks; Texting.

When you access any Swift Recovery Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Swift Recovery Services may work with your network provider or device.

When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any Swift Recovery Services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.

 

Your Content and Account.

User Generated Content.

The Swift Recovery Services may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Generated Content”). User Generated Content that you submit through your Swift Recovery Account or any other Swift Recovery Services will be stored, maintained and used by Swift Recovery in accordance with our Privacy Policy. You acknowledge certain types of User

 

Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.

You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Swift Recovery in its sole and absolute discretion. We have the right, but not the obligation, to monitor,  screen,  post,  remove,  modify,  store  and  review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you. You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by Swift Recovery, including as contemplated by these Terms.  You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with Swift Recovery’s use or exploitation of User Generated Content.

We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Swift Recovery Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Swift Recovery, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Swift Recovery.

 

B. License to Your User Generated Content.

We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Swift Recovery Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This

 

includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner. We are not, however, obligated to use your User Generated Content.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited,  non-transferable,  non-exclusive  license  to  create  a  derivative  work  using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

 

Public Forums.

Certain Swift Recovery Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge  that  any  User  Generated  Content  you  upload,  submit,  post,  transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting the same. You acknowledge and agree Swift Recovery is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.

 

User Conduct.

You must only use the Swift Recovery Services for lawful purposes and in compliance with any applicable Codes of Conduct, and you must not use them in a way that is illegal or harmful, or infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Swift Recovery Services. In using any Swift Recovery Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

copy, reproduce, or improperly use, post or access any content on the Swift Recovery Services;

modify, distribute, or re-post any content on the Swift Recovery Services for any purpose;

use the content on the Swift Recovery Services for any commercial exploitation whatsoever;

 

disrupt or interfere with the security of, or otherwise abuse, the Swift Recovery Services, or any services, system resources, accounts, servers, or networks connected to or accessible through the Swift Recovery Services or affiliated or linked sites;

access content, data or portions of the Swift Recovery Services which are not intended for you, or log onto a server or account that you are not authorized to access;

attempt to probe, scan, or test the vulnerability of the Swift Recovery Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

access any Swift Recovery Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;

interfere or attempt to interfere with the use of the Swift Recovery Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on the Swift Recovery Services;

harass, “stalk”, disrupt or interfere with any other user's enjoyment of the Swift Recovery Services or affiliated or linked sites;

upload, post, or otherwise transmit through or on the Swift Recovery Services any viruses or other harmful, disruptive, or destructive files;

use, frame, or utilize framing techniques to enclose any Swift Recovery trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Swift Recovery express written consent;

use meta tags or any other "hidden text" utilizing a Swift Recovery name, trademark, or product name without Swift Recovery express written consent;

deeplink to the Swift Recovery Services, including our websites without Swift Recovery express written consent;

create or use a false identity on the Swift Recovery Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the Swift Recovery Services;

harvest or otherwise collect information about Swift Recovery users, including email addresses and phone numbers;

xv. download, “rip,” or otherwise attempt to obtain unauthorized access to any Swift Recovery Services, content or other materials;

post any copyrighted material unless the copyright is owned by you; and/or

engage in any behavior or conduct that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Swift Recovery in its sole and absolute discretion.

 

E. Your Account; Passwords.

 

Certain Swift Recovery Services permit or require you to create an account (such as a HAB.it Virtual Coaching, Swift Recovery Website Membership or HAB.it Streaming account) to enjoy

 

additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian.  You agree that we may take steps to verify the accuracy of information you provide.

We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Swift Recovery Services. You agree not to use the account, username or password of any other account holder at any time. Swift Recovery will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

 

F. Member Public Profiles.

When you create an account with us (such as a HAB.it Virtual Coaching account, or Swift Recovery Website Membership), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other Swift Recovery members or account holders.

Swift Recovery relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Swift Recovery does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.

You are solely responsible for your interactions with other members. You acknowledge and agree that Swift Recovery does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Swift Recovery does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.

 

Swift Recovery’s Products/Services; Websites; Orders.

Our Guarantee.

Most of our products and services carry a specific money back guarantee, return or exchange policy starting from the date that the product or service is delivered or supplied to you. Please review the information provided with your product/service for specific details.

To exercise your money back guarantee and/or return or exchange a product, log in to your account on www.swiftrecovery.life and locate your order. If your order is eligible for a return, you may initiate the return by obtaining a Return Authorization Number and follow the instructions provided to return the product. Products that come with a money back guarantee will receive a refund of the purchase price, less applicable shipping and handling, unless stated otherwise. In some cases, you may also be responsible for paying to ship any products back to us. We will not process a refund or reship for products returned without a Return Authorization Number, returned products sent to the wrong address, or any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, any such lost or damaged products. Should you experience any difficulty or delay in returning a product and securing the proper refund, please contact support@swiftrecovery.life, via message form in www.swiftrecovery.life.

 

Product and Service Descriptions, Price and Other Information.

We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:

Swift Recovery reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;

Swift Recovery reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;

all prices are displayed in United States Dollars (as applicable) unless expressly indicated otherwise;

packaging and contents may vary from that shown on our websites;

any weights, dimensions, and capacities shown on our websites are approximate only;

when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then- current rate as established by the applicable taxing authority, charged to your payment method, and reflected in the order confirmation and package invoice we provide to you); and

all items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.

 

Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. Swift Recovery will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by calling our friendly Customer Service at 832.387.4422. By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.

 

C. Order Processing.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being canceled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order.  We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have processed your payment but prior to delivery, we will of course refund your payment.

All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. For non-shippable goods, sales and/or other taxes will be calculated based on the billing address provided. For shippable goods, sales and/or other taxes will be calculated based on the shipping address provided. For orders that consist of both shippable and non-shippable goods, sales and/or other taxes will be calculated based on the shipping address provided.

 

D. Taxes.

For purchases where sales or transaction tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” and timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over-collect or under-collect your tax. In consideration of our allowing you access to the use of the Swift Recovery Services, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect  and  you  agree  to  hold  us,  our  officers,  directors,  employees,  agents  and representatives, harmless from and against any claim, action, demand, loss, suit, or damages

 

(including attorneys' fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.

If you purchase any Swift Recovery Services on third party platforms, such as Apple, those third parties may be responsible for collecting and remitting applicable taxes to the taxing authorities.

 

E. Your Personal and Payment Information.

When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our Swift Recovery Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment method information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment method. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment method is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at 832.387.4422. To help keep your account current and prevent service interruption, you acknowledge Swift Recovery may update your payment method on file when it is set to expire or based on updates it receives from the bank that issues your payment method. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. If you are accessing, using and/or purchasing any Swift Recovery Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.

 

F. Shipping.

We will take commercially reasonable efforts to ship your products within the timeframe we provided to you at the time of purchase. Please see the tracking information provided with your order confirmation for approximate delivery timeframes.