Last Updated: October 1, 2021
Terms and Conditions
Thank you for visiting our website, www.smartnutritionandwellness.com, (“Website”). Please read these terms and conditions ("Terms") carefully before using this Website. (This Website is operated by Hobbster, LLC, a Georgia corporation, collectively referred to herein as “Smart Nutrition and Wellness”, “we", "our".)
- Conditions of Use
We will provide access to this Website and may provide services to you, which are subject to the Terms stated below in this document. Every time you visit this Website, use its information and/or services, or make a purchase, you are acknowledging and accepting, and agree to be bound by, the following conditions. This is why we urge you to read them carefully. If you do not agree with our Terms, please do not use or access this Website.
- Modification of Terms
These Terms are subject to change or modification by us at any time and at our discretion without notice. You waive any right you may have to receive specific notice of such changes or modifications, and you continued use of this Website after any changes are implemented constitutes your acceptance of the changes.
- Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- This Website Does Not Provide Medical Advice
Our Websites contain general information, as well as information and education about health and wellness topics. This information is not designed to, and does not, provide medical advice, professional diagnosis, opinion, treatment or services to be relied on by you or any other individual, and is not meant to be a substitute for professional medical advice, diagnosis or treatment from qualified healthcare professionals.
It is important that Website content is used only in conjunction with guidance provided by qualified healthcare professionals; questions you may have (for yourself or on behalf of any other individual) about specific medical matters or conditions should be directed to such professionals.
If you think you may have a medical emergency, call your qualified healthcare professional or 911 immediately. You should never, nor should you encourage any individual to, delay in seeking or providing medical advice, disregard medical advice, or discontinue medical treatment because of information on this or other of our Websites.
- Copyright / Limited License
You acknowledge that the content and materials available on this website (digital downloads, images, texts, graphics, logos) are (unless otherwise noted) protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary and intellectual property rights and laws. We grant you a limited license to access and make personal use of this Website. Reproduction, copying or redistribution for commercial purposes of any content or materials on this Website is strictly prohibited without our express written consent.
Should you wish to inquire about such consent, you may reach us via email at email@example.com, by phone at (678) 910-5675 or regular mail at Smart Nutrition and Wellness, 1095 Old Roswell Road, Suite E, Roswell, Georgia 30076.
- User Account
If you are an owner of an account on this Website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts in our sole discretion.
Every time you send us an email or visit this Website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to information from one of our Websites, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Websites and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
- Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Smart Nutrition and Wellness non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
- Links to Third Party Sites Are Not Endorsements
Each of our Websites may contain links to third-party web sites. The linked sites are not under the control of Smart Nutrition and Wellness, and Smart Nutrition and Wellness is not responsible for the contents or policies of any third-party linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by us. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
- Products or Services Offered on Website
When you obtain a product or service (including but not limited to online courses, webinars, and membership sites) from us, through this or other of our websites, you accept the specific terms and conditions applicable to that product or service in accordance with the agreement (such as a purchase or subscription agreement) applicable to such product or service (“Agreement”). Except as provided in such Agreement, we do not warrant that any content contained in this Website is accurate, current, reliable, complete, or error-free.
- Order, Product Delivery, and Return Policies
We generally ship all physical orders within two business days. For any digital products, course materials or other resources purchased, you will receive an email with login details (such as a link, user name, password) to our membership site or download page, to allow you to access and download such product, materials, or resources. You agree that you will not share such access details with others who did not purchase the product. This may result in termination or revocation of your account, preventing any future access.
We also offer a 10-day money back guarantee on all our products. If you are not completely satisfied, you can return the product to us in good condition within 10 days of the date that you placed your order. In order to receive a refund within the 10-day period for any physical products, you must contact Smart Nutrition and Wellness for specific instructions on where to return the products. Our 10-day guarantee does apply to digital products, materials or resources; however, once you request a refund, your ability to access and download such products will be revoked and no longer available to you.
- Limitation of Warranties / No Guarantees
The content on this Website is provided “as is” without any representations or warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. We make no representations or warranties in relation to the completeness, accuracy, or appropriateness for any purpose of any information or content contained on this Website.
Specifically, you are advised that health and wellness information is often subject to updating and refining due to medical and other research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the content on this or other of our Websites is up-to-date, complete, true or non-misleading, or that this Website will be constantly available or available at all.
- No Liability, Indemnity, and Hold Harmless
Nothing herein will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.
The use of Website content is solely at your own risk. Neither Smart Nutrition and Wellness, nor its principals, officers, directors, employees, agents, licensors, sponsors, affiliates, content contributors, course presenters, Website managers, or assigns will be liable for any direct, indirect, consequential, special, exemplary or other damages (including claims by third parties) that may result from your access or use of, or your inability to access or use, this or other of the Websites, or arising out of any action taken in response to or as a result of any content available on the Website. By accepting these Terms, you agree that you alone are responsible and accountable for your decisions, actions and results. You agree to indemnify and hold Smart Nutrition and Wellness, its principals, officers, directors, employees, agents, licensors, sponsors, affiliates, content contributors, course presenters, Website managers, or assigns harmless from any liability for claims by third parties resulting from your use of this and/or other of our Websites.
- Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to this Website and supersedes all prior or contemporaneous communications between you and us with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Applicable Law
By visiting this website, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to principles of conflict laws.
Any dispute related in any way to your visit to this or any of our Websites or to any products or services you may purchase from us shall be arbitrated by state or federal court in the State of Georgia, at our election, and you consent to exclusive jurisdiction and venue of such courts.
- Attorneys’ Fees
In any dispute, action, proceeding, or arbitration regarding the use of this Website or these Terms, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including upon appeal).
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