Thank you for visiting our Official Site. If you want to use smoothiediet.com, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
MINORS
We do not provide services or sell products to children. If
you are below the age of 18, you may use our website only with the
permission and active involvement of a parent or legal guardian.
If you are a minor, please do not provide us or other website
visitors with any personal information.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS
Our privacy policy is part of, and subject to, these terms
and conditions of use. You may view our privacy policy on
smoothiediet.com.
ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS
We hate unsolicited commercial e-mail as much as you do.
Also known as Spam or junk e-mail, it is a disservice to the
Internet community.
We fully endorse and comply with the requirements of the CAN-SPAM
Act of 2003 (Controlling the Assault of Non-Solicited Pornography
and Marketing Act), and all other applicable unsolicited
commercial e-mail laws.
If you subscribe to electronic newsletters or other
communications from us or our website, you will always have an
option to unsubscribe immediately.
COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE
TERMS AND CONDITIONS
If there is a Compensation Disclosure Policy on smoothiediet.com,
the policy is part of, and subject to, these terms and conditions
of use.
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If
such changes are made, they will be effective immediately, and we
will notify you by a notice posted on our website's home page of
the changes that have been made. If you disagree with the changes
that have been made, you should not use our website.
We may terminate these terms and conditions of use for any
reason and at any time without notice to you.
If you are
concerned about these terms and conditions of use, you should read
them each time before you use our website. Any questions or
concerns should be brought to our attention by sending an e-mail
to contact[at]smoothiediet.com, and providing us with information
relating to your concern.
LICENSEE STATUS
You understand and agree that your use of our website is
limited and non-exclusive as a nontransferable revocable licensee.
We may terminate your license to use our website, and access to
our website, for any reason, and without giving you notice.
CONTENT OWNERSHIP
All content on our website is owned by us or our content
suppliers. On behalf of ourselves and our content suppliers, we
claim all property rights, including intellectual property rights,
for this content and you are not allowed to infringe upon those
rights. We will prosecute to the fullest extent of the law anyone
who attempts to steal our property.
You agree not to copy
content from our website without our permission. Any requests to
use our content should be submitted to us by e-mail to
contact[at]smoothiediet.com.
If you believe that your intellectual property rights have
been infringed upon by our website content, please notify us by
sending an e-mail to contact[at]smoothiediet.com. Please describe
in detail the alleged infringement, including the factual and
legal basis for your claim of ownership.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our website is provided on an ''as is,''
''as available'' basis. You agree that your use of our website is
at your sole risk. We disclaim all warranties of any kind,
including but not limited to, any express warranties, statutory
warranties, and any implied warranties of merchantability, fitness
for a particular purpose, and non-infringement. We do not warrant
that our website will always be available, access will be
uninterrupted, be error-free, meet your requirements, or that any
defects in our website will be corrected.
Information on our website should not necessarily be relied upon
and should not to be construed to be professional advice from us.
We do not guarantee the accuracy or completeness of any of the
information provided, and is not responsible for any loss
resulting from your reliance on such information.
If your jurisdiction does not allow limitations on
warranties, this limitation may not apply to you. Your sole and
exclusive remedy relating to your use of the site shall be to
discontinue using the site.
Under no circumstances will we be liable or responsible for any
direct, indirect, incidental, consequential (including damages
from loss of business, lost profits, litigation, or the like),
special, exemplary, punitive, or other damages, under any legal
theory, arising out of or in any way relating to our website, your
website use, or the content, even if advised of the possibility of
such damages.
Our total liability for any claim arising out of or relating
to our website shall not exceed one hundred ($100) dollars and
that amount shall be in lieu of all other remedies which you may
have against us or our affiliates. Any such claim shall be subject
to confidential binding arbitration as described later in these
terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content
that you receive or view from others while using our website.
However, if you do receive or view such content, please contact us
by e-mail to
contact[at]smoothiediet.com so that we can investigate the
matter. Although we are not obligated to do so, we reserve the
right to monitor, investigate, and remove obscene or offensive
material posted to our website.
INDEMNIFICATION
You understand and agree that you will indemnify, defend and
hold us and our affiliates harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, arising
from your use of our website or your violation of these terms and
conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website.
You agree that the laws of NY govern these terms and
conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us,
excluding any intellectual property right infringement claims we
pursue against you, shall be settled solely by confidential
binding arbitration per the American Arbitration Association
commercial arbitration rules. All claims must arbitrate on an
individual basis, and cannot be consolidated in any arbitration
with any claim or controversy of anyone else. All arbitration must
occur in New york, NY, USA. Each party shall bear one half of the
arbitration fees and costs incurred, and each party is responsible
for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are
determined by a court of competent jurisdiction to be invalid or
unenforceable, that part shall be limited or eliminated to the
minimum extent necessary so that the remainder of these terms and
conditions are fully enforceable and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions
of use should be brought to our attention by e-mail to
contact[at]smoothiediet.com, and providing us with information
relating to your concern.
ENTIRE AGREEMENT
These terms and conditions, including the policies
incorporated herein by express reference, constitute your entire
agreement with us with respect to your use of our website.
The content and information presented on this page are solely for
informational purposes and should not be construed as medical
advice, diagnosis, treatment, cure, or prevention of any disease.
Statements on this page have not been evaluated by the FDA. It is
crucial to consult with a licensed healthcare professional before
incorporating any supplements or making changes to your diet or
exercise regimen. Individual outcomes may vary.
The presence of third-party trademarks and trade names on
this site does not necessarily imply endorsement or affiliation
with our website. Clicking on a merchant link and purchasing a
product or service on their site may result in us receiving a fee
from the merchant.