Terms and Conditions
The Effective Date March 1, 2012.
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (“TERMS”) BEFORE USING SMARTVITAMINCLUB.COM. These Terms apply to the SmartVitaminClub.com website, (referred to as “SVC”). These Terms govern your use of the SVC website. You agree to these Terms by accessing or using the SVC site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS DO NOT USE THE SVC website.
You should assume that everything you see or read on the SVC Site should be considered copyrighted. SVC hereby grants you a non-exclusive, non-transferable, limited right to access, use and display the Site for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You may download material displayed on the SVC Site for non-commercial use only provided you also retain all copyright and other notices and credits contained on the content.
SVC does its best effort to keep everything current and accurate but makes no warranties or representations as to its accuracy.
SVC may at any time revise these Terms and Conditions by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions.
SVC DOES NOT PROVIDE MEDICAL ADVICE. THE STATEMENTS ON SVC WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS OFFFERED ON SMARTVITAMINCLUB.COM ARE NOT INTENDED TO DIAGNOSE, CURE OR PREVENT ANY DISEASE.
The information contained on the SVC Website, or provided to you via SVC in response to a question you might have asked, or as a result of completing an evaluation by you, or contained in your order, is provided for informational purposes only. The information should not be considered complete and does not cover all health issues or cure any diseases. The information was not created to replace consulting your physician or healthcare provider for proper medical advice or treatment.
SVC discourages self-management and treatment of health problems and does not endorse any particular type of medical treatment. If you feel you have a medical problem, or have any health care related questions, please contact your physician or other health care provider. You should not assume the dietary supplement recommendation or information provided to you by SVC is a replacement for proper medical care nor should you rely on such information to cure an ailment or alleviate pain.
Never delay in seeking medical advice or treatment as a result of something you read on the SVC website, or as a result the dietary supplement recommendations made by SVC, or as a result of the answer to any of your inquiries via the SVC or as a result of the information contained within your order. The information we provide or response to your questions is not a substitute for professional medical advice.
SMARTVITAMINCLUB.COM AND THE PRODUCTS WE SELL ARE INTENDED FOR ADULTS ONLY
This SVC and the products sold are intended for adults at least 18 years of age or older. By using the SVC website, you acknowledge that you are 18 years or older.
ORDERS, REGISTRATION, MEMBERSHIPS, BILLING AND SHIPPING INFORMATION
General Order Info
When placing an order, you should review the ingredients list of any products you are about to order to ensure you are no allergic to anything. In addition, you should review all of the cautionary statements on each bottle for their applicability to you.
EVALUATION AND REGISTARTION
Certain areas of SVC may require registration or you may be otherwise asked to provide information to participate in certain features or access certain Materials or User Content or take an online evaluation. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the SVC. When you provide information to the SVC, you agree to provide only true, accurate, current and complete information.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the SVC using your name in whole or in part. SVC reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
Regular shipping orders will be received within 10-12 business days of the original order date. Rushing processing orders are expedited and should be received within 5-7 business days. These delivery dates apply to domestic US orders placed. International orders can take 2-3 weeks to be delivered depending on your location. You will receive a confirmation email after your order has been placed this will also include your login details to access the members area for making future purchases and accessing your account information. An additional email is sent once your order has been shipped this will contain you shipping tracking number.
If you enroll in auto-ship delivery of your product(s), you are authorizing SVC to automatically bill your credit card for the amount of your replenishment order every 30 days and upon a successful transaction ship you the order every 30 days. In addition, you agree that it is not required to send us any renewal notices or confirmations that your credit card has been charged or that we may charge your card for products in the enrolled in the auto-shipment program. The original credit card used to place your initial order will be used unless you have updated your card in the members area or have updated this info with our customer service representatives.
If the price any of the products change we will notify you by email and obtain your authorization to charge your credit card for the new price of the items being shipped. If you do not provide such authorization, your credit card will not be charged the new price. SVC reserves the right to charge your card the original price if at anytime it decides put the price back to what you originally signed up for.
30-Day Supply Bottles
These products contain a 30 serving supply and can be sold individually or bundled together with other products. If the customer chooses to use more than one serving per day than the product may last less than 30 days. Pricing for the 30-day supply varies and is displayed at the time of checkout before your card is charged.
Up to 50% Off
Members of the program are given access to all products at up to 50% off retail prices with no limit on the amount of purchases they may make.
Sample Size Bottles and Free Sample Bottles
These bottles contain a 7-day supply equal to 7 servings and may be sold or given away for free. If the customer chooses to use more than one serving per day than the product may last less than 7 days. Pricing for the 7-day supply varies and is displayed at the time of checkout before your card is charged. Free Bottles are offered upon taking the online evaluation and customers are required to pay shipping unless otherwise stated. Free Samples are only given one per household unless otherwise stated.
SVC offers a special club membership program. When placing an order for a sample-sized bottle, a full sized bottle or a buy one get one free promotion your online access account will be automatically created. These club memberships may be offered in the form of a trial promotion that are billed at the full rate upon the specified trial period ending and continue for the length of the program.
Club memberships may include:
• Free Sample Bottle Every Month
• Up to 50% off retail prices
• Free Shipping on all Orders
• Refer Friends get Free Bottles
Each month you remain active as a paid club member paying the full price of the club membership you may be entitled to receive free sample bottles or full sized bottles each month depending on the features of the club membership joined. If you joined the club on a special promotion you may not be eligible to receive your free monthly sample bottle until your membership is billed at the full monthly rate. SVC will try to send you a different product to try each month but cannot guarantee that is always possible. In addition, you will receive up to 50% off retail prices on all products and free shipping on all orders. Club membership monthly billing prices may vary depending on special offers and promotions. SVC may also offer memberships with the first 30 days free or for reduced rates for the first 30-60 days. Club membership will be billed every 30 days indefinitely or until canceled or suspended by the customer. By signing up to the club membership you agree that it is not required to send us any renewal notices or confirmations that your credit card has been charged or that we may charge your card for club membership. Please confirm pricing of club membership at the time of checkout. SVC reserves the right to adjust the pricing of club membership at anytime and will notify you of any changes that are made before your card is processed. If the price is raised you will be notified via email and/or phone and you will be required to confirm the price increase or your membership will be canceled and your card will not be charged. When club membership is canceled members are downgraded and will forfeit all the benefits and credits earned in the club program. Club membership can be canceled and/or reactivated anytime through the member’s area.
Each quarter (every 3 months) you remain active as a paid club member paying the full price of the club membership you may be entitled to receive up to 2 free full sized bottles and free coupons for additional purchases. If you joined the club on a special promotion you may not be eligible to receive your free bottles until your membership is billed at the full quarterly rate. In addition, you will receive up to 50% off retail prices on all products and free shipping on all orders. As a quarterly member you may also receive a free in store shopping coupon called a “gift card” that can be used to order any of our products, details of these gift cards are provided at time of sign up. SVC may also offer memberships with the first 30 days free or for reduced rates for the first 30-60 days and may only include 1 free bottle on the first quarter of billing. Club membership will be billed every 90 days indefinitely or until canceled or suspended by the customer. By signing up to the club membership you agree that it is not required to send us any renewal notices or confirmations that your credit card has been charged or that we may charge your card for club membership. Please confirm pricing of club membership at the time of checkout. SVC reserves the right to adjust the pricing of club membership at anytime. If the price is raised you will be notified via email and/or phone and you will be required to confirm the price increase or your membership will be canceled and your card will not be charged. SVC reserves the right to decrease the price of the club at anytime without notification. When club memberships are canceled members are downgraded and will forfeit all the benefits and credits earned in the club program. Club membership can be canceled and/or reactivated anytime through the member’s area.
Each year you remain active as a paid club member paying the full price of the club membership you may be entitled to receive 1 free full sized bottle and free coupons for additional purchases. If you joined the club on a special promotion you may not be eligible to receive your free bottles until your membership is billed at the full yearly rate. In addition, you will receive up to 50% off retail prices on all products and free shipping on all orders. As a yearly member you may also receive a free in store shopping coupon called a “gift card” that can be used to order any of our products, details of these gift cards are provided at time of sign up. SVC may also offer memberships with the first 30 days free or for reduced rates for the first 30-60 days and may only include 1 free bottle on the first quarter of billing. Club membership will be billed every 90 days indefinitely or until canceled or suspended by the customer. By signing up to the club membership you agree that it is not required to send us any renewal notices or confirmations that your credit card has been charged or that we may charge your card for club membership. Please confirm pricing of club membership at the time of checkout. SVC reserves the right to adjust the pricing of club membership at anytime. If the price is raised you will be notified via email and/or phone and you will be required to confirm the price increase or your membership will be canceled and your card will not be charged. SVC reserves the right to decrease the price of the club at anytime without notification. When club memberships are canceled members are downgraded and will forfeit all the benefits and credits earned in the club program. Club membership can be canceled and/or reactivated anytime through the member’s area.
Communicating with us through the SVC website or via other forms of electronic media, such as e-mail, is considered communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
PRODUCT AND MEMBERSHIP PRICING CHANGES
SVC reserves the right to change the price of products, club membership or discontinue products at anytime. We also reserve the right to change the formulations of the dietary supplements and to remove any of the dietary supplements offered on the SVC website at any time.
If you receive auto-shipments, and any of the dietary supplement(s) that are part of your order is removed or changed from the product you will receive an email giving you the option to cancel your replenishment order. If you are not an auto-shipment customer, but still a member, we will do our best to notify you of any changes in the formulations of the products sold. To ensure the most update to date information it is advised you check the supplement facts before placing a new order to ensure nothing has changed that might affect you.
RETURNS AND REFUNDS
Individual orders and replenishment orders may not be cancelled once placed and the card has been charged. Membership charges can be canceled for future billing but once a card has been charged that membership fee cannot be canceled for the current month.
To cancel future auto-shipments and/or membership, you must access the My Account section of this SVC member’s area.
Returns Policy – 30 Day Money Back Guarantee
If, for any reason, you are not satisfied with your purchase, you may return your product within 30 days of your receipt of your order for a full refund; we offer a 30 day money back guarantee on all vitamin and supplement products. It is required that you contact our customer service department by email at
support@SmartVitaminClub.com to receive a return authorization form. Return instructions or you may also call support at 800-382-3817 to receive the return form. You will be required to return the unused portion of the product along with the completed form to SmartVitaminClub.com (address below) within 30 days of original purchase. A completed copy of the return authorization form must be included with your return to complete the return and receive payment. There will be a restocking fee of up to $9.95 charged to your account for any returns. Your original payment amount for the product will be reimbursed to the method of payment used, within 30 days of receipt of your package and form to the address below. Please note that it may take one billing cycle for the credit to appear on your credit card statement. You will be responsible for the cost of shipping the returned product.
3570 NW 53rd Court
Fort Lauderdale, FL 33309
INFORMATION / CONTENT YOU SUBMIT
SVC may provide you and others with the opportunity to participate in forums, blogs, message boards and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to SVC, including, without limitation, success stories, testimonials, photographs, writings, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
Except as otherwise described in the posted
, or other agreement on the SVC at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant SVC these licenses. Upon SVC’s request, you will furnish SVC any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to SVC.
You grant to SVC the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license (but not obligation) to host, use, post, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, edit, reformat, translate, archive, store, cache or otherwise utilize in any manner all or any portion of your submitted Content for any purpose whatsoever in all formats, on or through any media, software, formula or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.
You further agree that SVC is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to SVC, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based thereon; or advertising our products and services, and without remuneration of any kind. You further perpetually and irrevocably grant SVC the unconditional right to use your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to SVC the right to sub-license and authorize others to exercise any of the rights granted to SVC under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to SVC under these Terms. You further authorize SVC to publish your User Content in a searchable format that may be accessed by users of SVC and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that SVC has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content.
You further acknowledge and agree that SVC will not have any obligation to review, monitor, display, accept or any User Content and SVC may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to use content without notice or liability; provided, however, that SVC reserves the right to treat User Content on any SVC, or on certain portions of any SVC, as content stored at the direction of users for which SVC will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth below in our Community Usage Rules when violations are brought to SVC’s attention. Such User Content posted at your or other users’ direction need not, however, be maintained on the SVC by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the SVC. You agree and understand that SVC is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of SVC, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
As a user of the SVC, you agree that these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the SVC (“Community”). Your participation in the Community is subject to all the Terms, including these Rules. Please follow these Rules as you upload any User Content, comment, reply, and create forum discussions with other members of the Community:
• 18 and older only please. Community members must be 18 years and older with no exceptions.
• Membership through our registration process and agreement to these Terms is required to participate in the Community.
• User Content must be yours please. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on SVC and elsewhere.
• No pictures or images of anyone but you and your friends and family. If you choose to upload photos to SVC, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
• Don’t upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
• No music please. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
• Keep it relevant. Your User Content should relate to the content on the SVC and should be intended to add to the discussion and community on SVC – it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
• Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others’ opinions and comments so we can continue to build a Community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn’t belong on the Community. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
• Do not use the Community for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on SVC. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
• Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
• No violence. Your User Content may not promote violence or describe how to perform a violent act.
• Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
• Public forum. We hope that you will use the Community to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
• Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
• Don’t damage SVC or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of SVC or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to SVC is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the SVC and you will be responsible for all charges related thereto.
SVC may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
THIRD PARTY LINKS AND CONTENT
SVC may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to SVC, receive messages from SVC, download applications to your mobile phone or access SVC features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., “STOP,” “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” etc.) to the applicable short code for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding SVC. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify SVC of any changes to your mobile number and update your account(s) on SVC to reflect this change.
• No Warranty/Limitation of Liability. You agree that SVC, its subsidiaries and affiliates, and each of its officers, directors and employees (“SVC Parties”) are not responsible or liable for any benefits, goods or services provided by participating vendors. If you have any claims relating to such benefits, goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. We assume no responsibility for the payment of or contribution to any use or sales on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the benefits, as the case may be.
This Site is provided on an “as is” and “as available” basis with no warranties whatsoever. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR ANY OF THE BENEFITS, PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM SVC OR FROM OUR PARTICIPATING VENDORS. SVC PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, PRODUCTS, SERVICES AND MATERIALS FROM THIS SITE OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE OR OUR PARTICIPATING VENDORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED YOUR CURRENT MEMBERSHIP FEE, AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF SVC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE SVC PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. THE SVC PARTIES DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.
• Indemnification. You agree to indemnify, hold harmless and, at our option, defend SVC Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of this Agreement, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).
• Links. The Site may contain links to other web sites. SVC does not control such other web sites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such web sites. SVC shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked web sites, including the products, services and materials therein, is solely at your own risk.
• Intellectual Property. You hereby agree and acknowledge that SVC owns all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to SVC, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of SVC or the owner of the mark, as appropriate, is prohibited.
• Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
• Modifications/Termination. SVC reserves the right at any time to modify, suspend or permanently discontinue the Site, your Membership or any portion thereof, with or without notice. You hereby agree that SVC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or your Membership.
• Arbitration. All legal issues arising from or related to the use of your Membership and this Site shall be construed in accordance with the laws of the State of NY applicable to contracts entered into and wholly to be performed within NY. Any controversy or claim arising out of or relating to this Agreement or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in NY and judgment on the arbitration award may be entered into in any state or federal court in NY having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of your Membership and this Site and the terms of this Agreement shall be governed exclusively by the laws of the State of NY and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to the Agreement, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of NY.
• Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
• Entire Agreement. This Agreement, constitutes the entire agreement between you and us relating to the subject matter herein.
• Feedback. If you have comments on the Site or ideas on how to improve it, please email
Please note that by doing so, you also grant SVC permission to use and incorporate your ideas or comments into the Site without compensation.
• If you have any questions or concerns about your Membership and the Site, contact us at support@SmartVitaminClub.com