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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Shop Smart Nutritions, LLC. The collective work includes works that are licensed to Shop Smart Nutritions, LLC. Copyright 2012-2014, Shop Smart Nutritions, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Shop Smart Nutritions, LLC or purchasing Shop Smart Nutritions, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Shop Smart Nutritions, LLC or to purchase Shop Smart Nutritions, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Shop Smart Nutritions, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Shop Smart Nutritions, LLC used in the site are trademarks or registered trademarks of Shop Smart Nutritions, LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Shop Smart Nutritions, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Shop Smart Nutritions, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Shop Smart Nutritions, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Shop Smart Nutritions, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Shop Smart Nutritions, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Shop Smart Nutritions, LLC product is mistakenly listed at an incorrect price, Shop Smart Nutritions, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Shop Smart Nutritions, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Shop Smart Nutritions, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Shop Smart Nutritions, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
If you are placing an order online or by telephone as part of our Subscription Program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN WEEKLY, MONTHLY OR QUARTERLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY GOING TO YOUR ACCOUNT , [email protected]. YOU CAN PAUSE OR CANCEL YOUR SUBSCRIPTIONS AT ANY TIME.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by emailing us at [email protected]. If you fail to timely update your credit card information, your membership in our Subscription Program may be terminated.
Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments. If you are uncertain about your right to return the product and need assistance, you may email us at [email protected]. We will refund your payment when your product is timely returned or cancelled, and within 7 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or MasterCard.
Notice
Shop Smart Nutritions, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Shop Smart Nutritions, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Shop Smart Nutritions, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Shop Smart Nutritions, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Shop Smart Nutritions, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Shop Smart Nutritions, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Shop Smart Nutritions, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Shop Smart Nutritions, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Shop Smart Nutritions, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Shop Smart Nutritions, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Shop Smart Nutritions, LLC in its sole discretion.
In compliance with the Children’s Online Privacy Protection Act of 1998, this Website is not intended or designed to attract children under the age of 13. Shop Smart Nutritions, LLC does not knowingly collect personally identifiable information via this Website from visitors in that age group without the explicit consent of a parent or guardian.
MEDICAL ADVICE OR PROFESSIONAL SERVICES NOT PROVIDED
Shop Smart Nutritions, LLC is not engaged in providing medical or similar professional services or advice. Any information provided is not intended to replace medical advice offered by a physician. You should consult a professional healthcare provider if such need should arise.
NOTICE ON TESTIMONIALS
All content provided on this website, including the testimonials and graphics, is owned by Shop Smart Nutritions, LLC and protected by United States and international copyright laws. Shop Smart Nutritions, LLC and its affiliates retain all proprietary rights to the Content. The Content is intended for your personal use only and may not be reproduced, copied, altered, or distributed without the prior written consent of Shop Smart Nutritions, LLC.
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, you should be aware of the following:
The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened where the testimonial was lengthy or portions were repetitive.
The customer testimonials are actually received from our customers. They are individual experiences by persons who have used our products. However, the effectiveness of our products varies depending on each customer’s situation. Therefore, these testimonials and case histories reflect individual results and Shop Smart Nutritions, LLC does not claim that they are typical results you should expect to achieve.
The expert testimonials and endorsements are actually received from medical professionals, whose qualifications give him or her the expertise that he or she is represented as possessing. The testimonials and endorsements are supported by the respective medical professional’s actual exercise of his or her expertise in evaluating the product features or characteristics with respect to which he or she is an expert and which are both relevant to an ordinary consumer’s use of or experience with the product and also are available to the ordinary consumer. Furthermore, the testimonials and endorsements are supported by an actual evaluation, examination or testing of the product that is at least as extensive as that an expert in the field would normally conduct in order to support the conclusions presented in the endorsement or testimonial.
The medical professionals may receive compensation from Shop Smart Nutritions, LLC in the form of fees for consulting
Indemnification
You agree to indemnify, defend, and hold harmless Shop Smart Nutritions, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Shop Smart Nutritions, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Shop Smart Nutritions, LLC, Shop Smart Nutritions, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Shop Smart Nutritions, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Shop Smart Nutritions, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).