Terms and Conditions
Exercise disclaimer. Super Swim Corp. a Florida Corporation, doing business as Super Swim disclaims any liability from and in connection with the exercise programs provided in this manual. On the Super Swim website or any other exercise program utilizing the Super Swim devices (including all of its components – the belt, tether and pole). As with any exercise program. If at any point during your exercise regime or workouts you begin to feel faint, dizzy, or have physical discomfort you should stop immediately and consult a duly licensed physician. The exercise provided in this manual and on Super Swim’s website www.SuperSwim.com (the “website”), are for educational purposes only, and are and not to be interpreted as a recommendation for a specific therapy or treatment plan, product or course of action. Super Swim does not provide medical advice and is not engaged in providing any medical services. Exercise of any kind is not without risk and the exercises provided in the manual and on the Super Swim website may result in injury. Such injuries include but not limited to, risk of personal injury, aggravation of pre-existing conditions, or adverse effect over-exertion such as a muscle strain, abnormal blood pressure fainting disorders of heartbeat, and rare instances of heart attack. To reduce the risk of injury, before beginning a Super Swim exercise program or any other program, please consult a physician or physical therapist for appropriate exercise prescription and safety precautions, especially if you are pregnant, nursing, or elderly, have any chronic conditions, or under 12 years of age. The exercise instructions and advice presented in this manual and on Super Swim website are in no way intended as a substitute for medical consultation. Any application of the exercise program, exercise routines or any other techniques ideas or suggestions contained in this manual or on the Super Swim website are at the reader’s sole discretion and risk.
NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU READIN THIS MANUAL OR ON THE SUPER SWIM WEBSITE.
RODUCT Disclaimer: Read all instructions before using the Super Swim device. The Super Swim device is specifically designed to maximize water exercise and safety. The components of the Super Swim device (i.e., the belt, tether, and fully assembled pole) are specifically designed to work, in tandem, to achieve the safety and results Super Swim is proud to promote for this product. The Super Swim tether is designed to be used for all forms of swimming related resistance exercise. The use of the Super Swim tether under 18 years of age require constant and continues adult supervision. Although the Super Swim tether is extremely strong, if the surface of the Super Swim device is cracked, broken, cut, scraped, or otherwise damaged, its integrity can be compromised and could shatter and cause personal injury and property damage.
THOROUGHLY INSPECT THE SWIM TETHER DEVICE EACH TIME YOU USE IT.
If the Super Swim device is cracked, broken, cut, scraped, or otherwise damaged, DO NOT USE THE DEVICE. Care should be taken in the unpacking and assembly of the Super Swim device. The Super Swim device should only be used in pools and spas that are at least ten feet (10 ft.) long and three (3.5 ft.) feet deep. Never use the Super Swim device near steps or steep inclines. Never allow more than one (1) user to use one (1) Super Swim device at a time. Always attach the Super Swim device belt and tether while standing in the pool or spa. Never attach the super Swim device belt or tether and jump or dive into a pool or spa. When in use, warn bystanders to stay clear of the Super Swim device. UNDER ANY CERCUMSTANCE DO NOT PULL ON THE POLE WHILE IN USE. Do not use Super Swim device or swim when thunderstorms are present or threatening. Do not use the Super Swim device for any other purpose except as described in this manual and on the super Swim website.
Limitation of liability Customer acknowledges and agrees, (a) to hold harmless and indemnify Super Swim and its employees, officers, members, managers, agents and suppliers from and claim, demand, loss, liability, or expense (including reasonable attorney’s fees, weather a lawsuit is filed or not and on all appeals) for any and all interruptions, error of…
NO WARRENTY EXCEPTION AS EXPRESSLY PROVIDED HERIN. EXCEPT AS OTHERWISE EXPRESSED PROVIDED IN THIS MANUAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SUPER SWIM DEVICE IS PROVIDED BY SUPER SWIM AS ISWITHOUT ANYCONDITION OR WARRANTY WHATSOEVER EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THIS MANUAL ALL CONDITIONS AND WARRANTIES EXPRESS OR IMPLIEDARE DISCLAIMED BY SUPERSWIM INCLUDING WITHOUT LIMITATION THE IMPLIED ARE DISCLAIMED BY SUPER SWIM INCLUDING, WITHOUT LIMITATION. THE IMPLIED CONDITIONS AND/OR WARRENTIES OF MERCHANTABILITY, TITLE NONINFRINGMENT ANDFITNESS FOR PARTICULAR PURPOSE.
Super Swim warrants to the original purchaser that its products are free from defects in materials or workmanship. If such defect is found, return the product, freight prepaid, to the Super Swim distributor from whom the product was purchased or to Super Swim Corp., 10711 Deer Run Farms Rd Fort Myers, Florida 33966. After the first year of warranty coverage has expired we will still replace the product free of charge for the life of the product, but the responsibility of transporting the goods to the manufacturer will be the responsibility of the buyer. If, after inspection we find that the product was defective in material or workmanship, we shall, at our option, either repair or replace it without charge. We are not responsible for normal wear and tear or defects caused by accident, abuse, alteration, misuse or improper care.
THERE ARE NO EXPRESS WARRANTIES BEYOND THE TERMS OF THIS LIMITED WARRANTY. IN NO EVENT SHALL SUPERSWIM BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Some States do not allow limitations on the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Installation. Use. Maintenance and storage. Do not leave Super Swim devices mounted to a pool or spa deck when not in use store in a shaded area and never leave the Super Swim devices unattended. Installation of the Super Swim devices and anchors require a power drill. Always take proper safety precautions and use proper safety equipment when using any power drill, especially in wet areas, as suggested by the manufacturer of the power tool.
Entire Agreement. These terms and conditions contain the entire agreement between Super Swim Corp. and customer. There are no representations, condition or statements which are material to these terms and conditions unless specifically and expressly stated in these terms and conditions. Customer has not relied upon any such representations not contained in these terms and conditions, Super Swim shall not be responsible for any promise, conditions warranties or representations made by any of its representatives, employees or agents unless such statement is given by Super Swim Corp. in writing.
Successors and Assigns. All disclaimers of warrantee and liability contained in these terms and conditions shall be binding upon the customer and their successors, assigns, transferees, and ultimate users.
Amendment. Severability and assignment. Super Swim reserves the right to alter, modify, update or revise these terms and conditions without notice at any time. Any such changes to these terms and conditions shall become effective immediately upon being posted to the Super Swim website. If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Customer agrees that Super Swim may in its sole discretion; assign these terms and conditions to another entity or organization as a result of any merger, acquisition or reorganization.
Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the state of Florida and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.