Welcome to the affiliated Smart for Life®, Smart for Life Weight Management Centers® (collectively “Smart for Life Weight Management Centers®) Web Site (“Site”). Please review the following basic terms that govern your use of our Site. Your use of our Site constitutes your agreement to follow and be bound by these terms (the “Agreement”).
REFUNDS AND RETURNS RELATED TO PURCHASES THROUGH THIS WEBSITE:
Due to the nature of our product the FDA regulations state we are unable to accept returns of any food products. However, if you are not completely satisfied within 3 business days of receipt, please contact the Smart for Life customer service department at (866) 532-4735
YOU MUST CONTACT CUSTOMER SERVICE BEFORE SHIPPING OR REFUSING ANY PRODUCT.
Customers are responsible for all Return shipping costs, plus a $35 handling fee. The balance of the original order amount will be credited back to the credit card used to place your order.
Auto ship customers are responsible for a $75 re-stocking fee considering a reminder email will be sent a few days prior to shipment going out.
In the event that you receive damaged or defective merchandise through products ordered on this site, you agree and acknowledge that your sole and exclusive remedy is replacement of the damaged or defective Merchandise at no additional cost to you. For replacement, we must be notified immediately upon receipt of the damage or defect either through this website or through our customer service department number on your invoice. Upon notice to us, you must provide all necessary information relating to the defective Merchandise or damage including date of receipt, method of shipment, the defect or the damage and when it occurred and by whom it occurred. You also understand and acknowledge that these are your only rights and remedies and that you waive all other rights, remedies and any claims for damages.
ACCEPTABLE USE POLICY
Users of our Site must comply with this Acceptable Use Policy. By using the Site, you agree to comply with this Policy and to indemnify Smart for Life Weight Management Centers® and its affiliated parties against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes and may not use the Site to harm others. Use of the Site in violation of any law or regulation governing Smart for Life Weight Management Centers® business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
Use of the Site in a manner that presents a security risk or that may interfere with the operation of the Site is illegal and prohibited. Use of the Site in a manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity is illegal and prohibited.
Use of the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information is prohibited. Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law Introduce viruses, trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information is illegal and prohibited.
Use of the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means is prohibited. Assisting or permitting any person to engage in any of the activities described above is prohibited.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, testimonials, menus, and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by U.S. Medical Care Holdings, L.L.C. and/or their subsidiaries and their affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Smart for Life Weight Management Centers®. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Smart for Life Weight Management Centers® may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Site; however, Smart for Life Weight Management Centers® is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Smart for Life Weight Management Centers® will cooperate with law enforcement or a court order requesting or directing Smart for Life Weight Management Centers® and/or its affiliates to disclose.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to U.S. Medical Care Holdings, L.L.C. d/b/a Smart for Life Weight Management Centers® on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, ‘Comments’) shall be and remain Smart for Life Weight Management Centers®’ property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Smart for Life Weight Management Centers® of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, Smart for Life Weight Management Centers® will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Smart for Life Weight Management Centers® is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments. You agree that Smart for Life Weight Management Centers® may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Smart for Life Weight Management Centers® may use your information for marketing and promotional purposes.
SMART FOR LIFE WEIGHT MANAGEMENT CENTERS® COMMUNICATIONS TO YOU
You agree that Smart for Life Weight Management Centers® and its affiliated companies may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Smart for Life Weight Management Centers®’ products or services, or for such other purpose(s) as Smart for Life Weight Management Centers® deems appropriate.
This Agreement is effective unless and until terminated by either you or Smart for Life Weight Management Centers®. You may terminate this Agreement at any time. Smart for Life Weight Management Centers® may terminate this Agreement at any time without notice and deny you access to the Site, if in Smart for Life Weight Management Centers®’ sole discretion you fail to comply with any term or provision of this agreement. A termination by Smart for Life Weight Management Centers under the previous sentence shall not limit Smart for Life Weight Management Centers® other rights and remedies available under law or equity. Upon any termination of this agreement by either you or Smart for Life Weight Management Centers®, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this agreement or otherwise.
PROFESSIONAL ADVICE DISCLAIMER:
This website and content and terms hereunder is in no way meant to provide any medical advice and is not meant to be taken as medical advice. Any medical questions regarding information on this website should be directed and addressed with a professional and is provided herein for informational purposes and is not meant to substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding dietary supplements available through this website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
THIS SITE AND ALL CONTENTS OF THE SITE AND ANY SITES HYPERLINKED TO THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT U.S. MEDICAL CARE HOLDINGS, L.L.C. OR ANY OF ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, LOST PROFITS OR LOST SAVINGS RELATED TO YOUR USE OF THIS SITE OR THE MERCHANDISE OFFERED ON THIS SITE.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.
We may change, move, or delete portions of, or may add to, our Site from time to time and without notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
A failure on the part of Smart for Life Weight Management Centers® to enforce any part of this agreement shall not constitute a waiver of any of Smart for Life Weight Management Centers® rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Smart for Life Weight Management Centers® shall have legal effect.
COPYRIGHTS AND TRADEMARKS
2007. This website is copyrighted by U.S. Medical Care Holdings, L.L.C. d/b/a Smart for Life Weight Management Centers® and Smart for Life®. Smart for Life ®, Eat Cookies. Lose Weight. It’s That Simple.® are trademarks and Smart for Life Weight Management Centers® and the Smart Way to Lose® are registered trademarks of U.S. Medical Care Holdings, L.L.C. and its affiliated companies.
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Palm Beach County, Florida.