This website is an educational service that provides general health and wellness information. The content on smoothiediet.com is provided “as is” and without warranties of any kind either express or implied.
AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE OUR WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.
1. The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the activities, exercises or treatments (including products and services) mentioned at smoothiediet.com should be performed or otherwise used without clearance from your physician or health care provider. The information contained within this site is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.
2. There may be risks associated with participating in activities mentioned on smoothiediet.com for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
3. Facts and information are believed to be accurate at the time they were placed in smoothiediet.com. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
4. You agree to hold smoothiediet.com, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the activities discussed on this website, excepting only claims for gross negligence or intentional tort.
5. You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All arbitration must occur in New york, NY, USA, and NY law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own lawyer fees.
6. Testimonials, case studies, and examples of product results found at smoothiediet.com are exceptional results, do not reflect the typical user’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at smoothiediet.com. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.
7. Any material connection that we have with a third party provider of goods or services mentioned on smoothiediet.com are explained below in our Compensation Disclosure Policy. You should read the policy to fully understand the meaning of our relationships with third party vendors and how it may affect the content found on smoothiediet.com.
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.
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 at: info[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 info[at]smoothiediet.com. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
The owner of this website is required by the FTC to inform you that there may be a financial relationship between the owner and some of the products or services it reviews, recommends, or promotes.
1. Material Affiliation
Please assume that any time a product or service is mentioned on this site, the owner may be compensated. Any recommendations made by the owner of the site for any product or service have been made in good faith, based on either the owner’s own use of the product, or based on the merit of the product in public opinion.
2. Partiality Statement
Because the owner of this website may be paid, a bias for those products may exist. Every effort has been made to ensure that all reviews are accurate and true, but some bias can be assumed simply because of the material relationship between the owner and the companies involved.
The owner of this website may receive monetary compensation for the links on this website. If you purchase a product that you find on this site, the owner may be paid a commission, for example.
This disclosure has been made to let you know that any link you may find on this website should be assumed to have some financial benefit for the owner of this website. While this may not always be true, it should be assumed that it is.
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 at info[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.
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 it’s 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 info[at]smoothiediet.com, and providing us with information relating to your concern.
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.
Please note that the content of this page can change without prior notice.