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Terms & Conditions

Effective: April 3rd, 2015
Last modified: April 3rd, 2015

 

Terms of Use

 

Thank you for visiting Smoky Mountain Naturals (“We”, “Us”, “Company”). This website is intended for users in the United States. These Terms of Use, together with the Privacy Policy, Disclaimer and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use this website and other websites owned or controlled the Company (“Website”) including any content, functionality and services offered through the Website.

 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT A US USER OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

 

Website Content and Products. The information presented on or through the Website is made available solely for general information purposes and products are available for non-commercial purchase and use. While we make every effort to provide accurate product descriptions and pricing information, errors may occur on occasion. Pricing and availability information is also subject to change without notice.  If a product you receive is not as described, your remedy is to return it in unused condition. See the Website for additional information on returns and refunds. We reserve the right to withdraw or amend this Website, and any products, services or materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users. We also may update the content on this Website from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

 

Copyrights and Trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content (“Content”) contained on the Website is owned by the Company or third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Website, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

 

Trademarks, service marks, graphics and logos used in connection with the Website are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks.

 

Your Privacy. All information we collect about you on this Website is subject to our Privacy Policy. Please review our Privacy Policy to learn more about what information we collect and how we use and protect your information.

 

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Web site or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

 

Third Party Websites. Any and all third party websites provided, made available, linked to, or otherwise accessible through the Website (“Third Party Websites”) is provided solely as a convenience to you and not under our control. We do not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Websites. The Company does not have any responsibility or liability to you for any Third Party Websites which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Websites.

 

Intended for Users Over 13. Given the nature of the Internet we are not able to guarantee that individuals under the age of 13 do not visit the Website. However, the Website is not for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use the Website.

 

Violations of the Terms of Use. Failure to abide by these Terms of Use is a material breach of these Terms of Use for which the Company may pursue all rights and remedies it has pursuant to these Terms of Use, and any other rights and remedies it may have at law or in equity. Specifically, you agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website for violations of these Terms of Use or other agreements or guidelines which may be associated with your use of the Website.

 

No FDA Approval or Medical Advice Provided.We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Statements on the Website have not been evaluated by the Food and Drug Administration. Our products are not meant to diagnose, treat, or cure and disease or medical condition. Please consult your doctor before starting any exercise or nutritional supplement program or before using these or any product during pregnancy or it you have a serious medical condition. You should independently evaluate the accuracy of the information and the usefulness of such information or products available through the website for your particular need. This website may provide information about certain conditions and their treatment. However, nothing on this Website should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Visitors should not use the information contained on the Website for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or person informed by the Website.

 

DISCLAIMER. By using the Website, you expressly agree that use of the Website is at your sole risk. The Website is provided on an “AS IS” and “as available” basis AND SOLELY FOR INFORMATIONAL PURPOSES. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Website will be uninterrupted or error-free. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS WEBSITE.  Neither The Company nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Website or the products or services offered for sale on the Website. Further, The Company makes no representation that content provided on the Website is applicable to, or appropriate for use in, locations outside of the United States. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by The Companyor its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

 

Indemnity. You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

 

Limitation of Liability. Except where prohibited by law, in no event will THE COMPANYOR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, THE COMPANY’S liability will in no event exceed $5.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Void Where Prohibited. The Website is intended for users in the United States. Not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or are appropriate, available, permissible for use outside the United States. Any offer for any feature, product or service made on the Website is void where prohibited. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you choose to access the Website from outside the United States, you are doing so on your own initiative and you are solely responsible for complying with applicable laws.

 

General Legal Provisions. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Nashville, TN, and waive any objection to such jurisdiction or venue. All claims arising out of these Terms must be brought within one year after it arose or it will be permanently barred. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE. The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.  The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

is not for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use the Website.

 

Violations of the Terms of Use. Failure to abide by these Terms of Use is a material breach of these Terms of Use for which the Company may pursue all rights and remedies it has pursuant to these Terms of Use, and any other rights and remedies it may have at law or in equity. Specifically, you agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website for violations of these Terms of Use or other agreements or guidelines which may be associated with your use of the Website.

 

No FDA Approval or Medical Advice Provided.We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Statements on the Website have not been evaluated by the Food and Drug Administration. Our products are not meant to diagnose, treat, or cure and disease or medical condition. Please consult your doctor before starting any exercise or nutritional supplement program or before using these or any product during pregnancy or it you have a serious medical condition. You should independently evaluate the accuracy of the information and the usefulness of such information or products available through the website for your particular need. This website may provide information about certain conditions and their treatment. However, nothing on this Website should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Visitors should not use the information contained on the Website for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or person informed by the Website.

 

DISCLAIMER. By using the Website, you expressly agree that use of the Website is at your sole risk. The Website is provided on an “AS IS” and “as available” basis AND SOLELY FOR INFORMATIONAL PURPOSES. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Website will be uninterrupted or error-free. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS WEBSITE.  Neither The Company nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Website or the products or services offered for sale on the Website. Further, The Company makes no representation that content provided on the Website is applicable to, or appropriate for use in, locations outside of the United States. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by The Companyor its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

 

Indemnity. You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

 

Limitation of Liability. Except where prohibited by law, in no event will THE COMPANYOR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, THE COMPANY’S liability will in no event exceed $5.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Void Where Prohibited. The Website is intended for users in the United States. Not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or are appropriate, available, permissible for use outside the United States. Any offer for any feature, product or service made on the Website is void where prohibited. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you choose to access the Website from outside the United States, you are doing so on your own initiative and you are solely responsible for complying with applicable laws.

 

General Legal Provisions. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Nashville, TN, and waive any objection to such jurisdiction or venue. All claims arising out of these Terms must be brought within one year after it arose or it will be permanently barred. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE. The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.  The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

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