Effective: May, 2018
IMPORTANT: WE ADVISE TO READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS. WE RECOMMEND THAT YOU PRINT AND KEEP A HARDCOPY COPY OF THIS AGREEMENT.
GENERAL TERMS OF SERVICE
This website, as a whole and each individual page, as well as its content, information, text, graphics, images, photos, video, sound recordings, data, and software (collectively, the “Website”) is operated and owned by HealthSmartNutra.com or its affiliates, representatives, agents, assigns, and licensees (“Affiliated Parties”). Registration for, use of, or access to the Website is governed by the following Terms and Conditions (“Terms of Service” and/or “Terms”). By registering for, using, or accessing this Website, you agree to the Terms. You reaffirm your agreement to the Terms each time you use or access the Website. If at any time you no longer wish to be bound by the Terms you may do so by discontinuing your registration for, use of, or access to the Website at any time. The user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store and website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
Health Information, Natural Dietary & Herbal Supplement Best Practices
“Information, statements and products on this website have not been evaluated by the FDA and are not intended to diagnose, mitigate, treat, cure, or prevent any disease or health condition.”
When you visit healthsmartnutra.com and/or make a purchase, you as an individual or collectively affirmatively agree, understand and acknowledge the following;
(a). While we take all care can responsibility, the actual product graphics, packaging and materials may contain more and/or different text and color variation than that shown on the website through which the product(s) are purchased;
(b). You will read and follow all labels, warnings and directions in connection with using or consuming the product(s), and will contact a health care provider immediately if you suspect you have a medical problem or reaction;
(c). All content on this website is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional;
(d). The product(s) purchased are not intended to diagnose, mitigate, treat, cure or prevent any disease or health condition. You agree to exercise all caution, and you will not use any information or statements contained on the website for such purposes.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of HealthSmartNutra.com and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to HealthSmartNutra.com from their creation. Thus, HealthSmartNutra.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as HealthSmartNutra.com determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to HealthSmartNutra.com all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that HealthSmartNutra.com has the right but not the obligation to use and display any postings or contributions of any kind and that HealthSmartNutra.com may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
TERM AND TERMINATION. The Terms shall remain in full force and effect until modified or terminated by HealthSmartNutra.com. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
CAPACITY. By registering for, using, or accessing the Website you represent that you are at least 18 years of age and have legal capacity and legal competency to agree to the Terms.
ASSUMPTION OF RISK. The purpose of the Website, including the Health information, wellness, fitness, health nutrition and supplement program, is to provide you with information regarding health and wellness. You understand that any health and wellness program, including the Health information, wellness, fitness and supplement program, could detrimentally impact your health and involves some risk. No information provided on the Website, including the Health information, wellness, fitness and supplement program, is intended as medical advice or diagnosis, and should not be construed as such. Additionally, no information provided on the Website, including the Health information, wellness, fitness and supplement program, should be considered an alternative to or replacement of the information given to you by a licensed physician. You agree that it is prudent and recommended that you should consult a licensed physician before starting and throughout your participation in any health and wellness program, including the Health information, wellness, fitness and supplement program. HealthSmartNutra.com strongly urges you to seek such advice. You hereby assume all risks, including but not limited to risks to your health and safety, in connection with your participation in the Health information, wellness, fitness and supplement program and/or your registration for, use of, or access to the Website. You agree, to the fullest extent allowable by law, to fully and completely waive any claim of liability you may now have or have in the future against HealthSmartNutra.com and its Affiliated Parties for any injury, illness, death, disability, or any other loss or damage resulting from, in connection with, or incidental to your registration for, use of, or access to the Website or your participation in the Health information, wellness, fitness and supplement program or any part thereof.
ACCOUNT RESPONSIBILITY. In the event you register an account to use or access any portion of the Website, you agree to provide HealthSmartNutra.com with accurate and complete information about yourself (“Personal Data”). In the event your Personal Data is no longer accurate and complete, you also agree to promptly update your Personal Data so that it becomes accurate and complete. You agree not to assign, transfer, or sublicense your rights resulting from your registration for, use of, or access to the Website. It is and remains your sole responsibility to protect your account from unauthorized access. Steps you may take to protect your account include but are not limited to maintaining, keeping confidential, and safeguarding your account user name and password. You are solely responsible for any actions taken by you with respect to your account as well as actions taken by any person you authorize to access your account. You agree to indemnify HealthSmartNutra.com for any damages or losses incurred by HealthSmartNutra.com or any other person or entity resulting from your use of your account or the authorized or unauthorized use of or access to your account by any third party.
USER CONTENT. User content includes material provided to HealthSmartNutra.com in any form, including but not limited to text, photography, image(s), video(s), sound recording(s), information, data, statement(s) of fact, representation(s), and/or opinion(s), provided in any manner by you, by any third party at your direction or with your authorization, or provided by any third party who has accessed your account with or without authorization (“User Content”).
You may only provide User Content that you own or have permission from its owner to provide. By providing User Content to HealthSmartNutra.com you represent and warrant that: (i) you own the User Content or have permission and authorization from the User Content’s owner to provide the User Content; (ii) the User Content is complete, accurate, truthful, and not misleading; (iii) the User Content will not violate the rights of any third party including but not limited to rights in connection with copyright(s), trademark(s), trade secret(s), other proprietary right(s), right(s) of publicity, and right(s) of privacy; and (iii) the User Content does not violate any applicable local, state, national, or international law or regulation.
By providing User Content to HealthSmartNutra.com, you assign to HealthSmartNutra.com and its Affiliated Parties a perpetual, irrevocable, exclusive, and royalty-free worldwide right, including any moral right, to use the User Content in any manner and in any medium HealthSmartNutra.com and/or its Affiliated Parties see fit. You understand that by providing User Content to HealthSmartNutra.com you are relinquishing any ownership interest you previously had with respect to the User Content. You agree that HealthSmartNutra.com and/or its Affiliated Parties need not obtain further permission from or approval by you for any use(s) of the User Content, nor must HealthSmartNutra.com and/or its Affiliated Parties compensate you for their use(s), individually or collectively, of the User Content. You agree to indemnify HealthSmartNutra.com for any damages or losses incurred by HealthSmartNutra.com or any other person or entity resulting from your violation of these provisions.
Online Store and Website Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
INTERACTIVE FEATURES. This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
HealthSmartNutra.com may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. HealthSmartNutra.com or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by HealthSmartNutra.com staff, HealthSmartNutra.com’s outside contributors, or by users not connected with HealthSmartNutra.com, some of whom may employ anonymous user names. HealthSmartNutra.com expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of HealthSmartNutra.com or any of its subsidiaries or affiliates.
HealthSmartNutra.com has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
RIGHTS OF PUBLICITY AND PRIVACY. You agree that HeathSmartNutra.com and its Affiliated Parties may use any User Content it receives in any way and in any medium it sees fit, including for advertising, promotion, and other commercial purposes. You hereby consent and irrevocably grant permission to HeathSmartNutra.com and its Affiliated Parties to use your name, image, personality, and likeness should it receive any of them as User Content. Accordingly, you hereby waive all rights and release HeathSmartNutra.com and its Affiliated Parties from, and shall not sue or bring any action or proceeding against HeathSmartNutra.com or its Affiliated Parties for, any claim, demand, or cause of action, whether known or unknown, for invasion of privacy, publicity, personality, or any related matter, defamation or similar causes of action, and any use(s) by HeathSmartNutra.com or its Affiliated Parties of your name, image, personality, and likeness for advertising, promotion, or commercial purposes. You further agree that neither HeathSmartNutra.com nor its Affiliated Parties needs to obtain further permission from or approval by you for any use(s) of the User Content, and neither HeathSmartNutra.com nor its Affiliated Parties must compensate you for their use(s), individually or collectively, of the User Content.
THIRD PARTY MATERIAL. Material includes but is not limited to any text, photography, image(s), video(s), sound recording(s), information, data, statement(s) of fact, representation(s), and/or opinion(s) provided by any third party to the Website (“Material”). HeathSmartNutra.com does not endorse nor is HeathSmartNutra.com responsible for any Material. HeathSmartNutra.com does not guarantee the accuracy or integrity of any Material. Your reliance upon any Material is solely your responsibility. You agree not to hold HeathSmartNutra.com or its Affiliated Parties liable for any perceived or actual damage or loss resulting from your reliance upon any Material. Additionally, certain links to third party web sites or information that may be included in or as part of the services are provided solely as a convenience to you. If you use these links, you will leave our Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by HeathSmartNutra.com of the third party, the third-party web site, or the information contained therein. HeathSmartNutra.com is not responsible for the availability of any such web sites. HeathSmartNutra.com is not responsible or liable for any such web site or the content thereon.
DISCLOSURE: A voice narration was used in the Health information, wellness, fitness and supplement program Formula One sales video by a professional using Dr. Charles Livingston’s words. This in no way is an attempt to mislead any prospects, but rather to convey the message in a clear and concise manner. On July 10, 2013 Brittney Isles legally married Dr. Charles Livingston and become Brittney Isles Livingston. They are happily married.
WEBSITE OWNERSHIP AND USE. You acknowledge and agree that the Website is owned by HeathSmartNutra.com. If any portion of the Website is not owned by HeathSmartNutra.com, you acknowledge and agree that it is not owned by you. You retain no right, title, or interest in the Website or any portion thereof, including but not limited to any information provided to you on the Website or by HeathSmartNutra.com and its Affiliated Parties. You understand that HeathSmartNutra.com grants you a non-exclusive, non-transferable, limited right to register for, access, and use the Website, along with any information provided to you on the Website or by HeathSmartNutra.com (including the Health information, wellness, fitness and supplement program program). You acknowledge and agree that the Website, including the Health information, wellness, fitness and supplement program program, is protected by copyrights, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in their current form and in any form, media, and technology not now existing but later developed. HeathSmartNutra.com and its Affiliated Parties may enforce their rights in the Website and in any information provided to you by HeathSmartNutra.com to fullest extent afforded under the law. You agree not to infringe upon or violate any rights of HeathSmartNutra.com or its Affiliated Parties in or to the Website or any other information provided to you by HeathSmartNutra.com, including but not limited to each party’s rights in connection with copyright(s), trademark(s), trade secret(s), and/or other proprietary right(s). You also agree not to exploit, commercially or otherwise, the information provided to you on the Website or by HeathSmartNutra.com.
PROHIBITED ACTIVITIES. You agree not to undertake any of the following prohibited activities during or in connection with your registration for, use of, or access to the Website:
- (i) Violating any applicable local, state, national, or international law or regulation;
- (ii) Providing any content that is considered obscene, lewd, to contain nudity, sexually explicit, harassing, threatening, violent, abusive, or otherwise unlawful or objectionable;
- (iii) Providing content that you do not own or have a right to provide;
- (iv) Violating the rights of any third party, including but not limited to rights in connection with any copyright(s), trademark(s), trade secret(s), other proprietary right(s), right(s) of publicity, and privacy right(s);
- (v) Representing to be any third party other than yourself;
- (vi) Providing any information that is incomplete, inaccurate, false, or misleading;
- (vii) Competing with HeathSmartNutra.com by advertising or soliciting business on the Website, or otherwise disrupting the business of HeathSmartNutra.com;
- (viii) Transmitting any unsolicited or unauthorized content including advertising and promotional materials, spam, junk mail, viruses, chain letters, pyramid schemes, or other harmful content, computer code, files, programs, and the like;
- (ix) Soliciting, collecting, or offering to solicit or collect the personal information of other users of the Website;
- (x) Attempting to access or accessing another person or entity’s account without that party’s consent and permission;
- (xi) Authorizing any person to use or access your account to undertake any action in violation of the Terms; or
- (xii) Otherwise acting in a way that detrimentally affects the quality of another’s use of or experience with the Website.
MONITORING. HeathSmartNutra.com may, at its sole discretion, monitor, review, edit, or delete any User Content or Material; but, HeathSmartNutra.com is under no obligation to do so. HeathSmartNutra.com assumes no liability for any User Content or Material. HeathSmartNutra.com will cooperate with law enforcement or a mandatory court order requiring or requesting HeathSmartNutra.com disclose the identity of any user or third party who provided User Content or Material in violation of the Terms.
RESTRICTION AND TERMINATION. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
LIMITATION OF LIABILITY AND INDEMNIFICATION. IN NO EVENT WILL HeathSmartNutra.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE. MATERIALS OR THE USER CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE USER CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, MATERIALS OR THE USER CONTENT, EVEN IF HeathSmartNutra.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You agree to comply with the Terms. You also agree to indemnify, defend, and hold harmless HeathSmartNutra.com and its Affiliated Parties for your violation of the Terms, including but not limited to any claims, actions in equity, direct damages, indirect damages, incidental damages, special damages, consequential damages, punitive damages, and/or any other tangible or intangible loss resulting from or in connection with your violation of these Terms.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND HeathSmartNutra.com MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
DISCLAIMERS AND WARRANTIES. The products, services, information, and data provided by HeathSmartNutra.com and its Affiliated Parties on the Website or otherwise (“Products”) are provided “AS IS,” without warranties of any kind, either express or implied. HeathSmartNutra.com expressly disclaims any representations and warranties, express or implied, including but not limited to implied warranties, such as those for fitness for a particular purpose and merchantability. HeathSmartNutra.com and its Affiliated Parties make no representations or warranties regarding the use, results from the use, accuracy, reliability, security, and/or safety of the Products. Any of the Products obtained or used by you through your registration for, use of, or access to the Website is at your sole risk and you will be solely responsible for any damage or loss to you, your computer system, your data, and/or any third party resulting from your obtainment or use of any of the Products.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration’s, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
ATTORNEY’S FEES. Each party shall bear its own costs and attorneys’ fees incurred in discussions regarding the parties leading up to and including the preparation of the Terms or a modification of the Terms. If, however, any action at law or in equity is brought to enforce or interpret the provisions of the Terms, the prevailing party in such action shall be entitled to recovery of reasonable attorneys’ fees and costs.
ENTIRE AGREEMENT. The Terms sets forth the entire agreement between the parties and supersede any and all prior and contemporaneous oral or written agreements or understandings between the parties in connection with the subject matter of the Terms. No representation, promise, inducement, or statement of intention has been made by any party that is not embodied in the Terms. The Terms may be modified only by HealthSmartNutra.com, or by written agreement of both parties.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Jurisdiction and Venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the website owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the seller and responsibility or the seller.
Accuracy, Completeness and Timeliness Of Information
HeathSmartNutra.com strives for genuine and accurate information on this site however we are not responsible if information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
Products and Services
Prices for our products and affiliate partners are subject to change without notice.
We have made every effort to display as accurately as possible the colours and images of our products and affiliated products that appear at the site. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
The Sites and their Content are subject to copyright, and other intellectual property rights.
- These rights are owned by HeathSmartNutra.com, or in the case of some material, a third party.
- You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent.
- Our Sites include registered trademarks, and other marks that are otherwise protected by law.
You may not use our trademarks without our consent.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties and affiliated parties.
Third-party links on this site may direct you to third-party websites that are not under our ownership. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Disclaimer of Warranties and Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HeathSmartNutra.com be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By using this HealthSmartNutra.com website you’re agreeing to the terms set forth in this Terms of Service and Condition and will not hold HealthSmartNutra.com liable.
If you have any questions regarding this policy, or your dealings with our website, please contact us here: Https://HealthSmartNutra.com/contact
HealthSmartNutra.Com: Suite 3/59 Chapel Street Rockdale 2216 New South Wales AUSTRALIA
Last Updated: September 24, 2019