All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SmartLife Chocolate<sup>®</sup>, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on SmartLife Chocolate<sup>®</sup> products (such as product descriptions, FAQs, and similar materials) purposely made available by SmartLife Chocolate<sup>®</sup> for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SmartLife Chocolate<sup>®</sup> reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SmartLife Chocolate<sup>®</sup> server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of SmartLife Chocolate<sup>®</sup>, including any SmartLife Chocolate<sup>®</sup> account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SmartLife Chocolate’s systems or networks, or any systems or networks connected to the Site or to SmartLife Chocolate<sup>®</sup>.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SmartLife Chocolate<sup>®</sup> on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
Purchases; Other Terms and Conditions
SmartLife Chocolate’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
SmartLife Chocolate<sup>®</sup> may make changes to any products and services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products or serivces may be out of date, and SmartLife Chocolate<sup>®</sup> makes no commitment to update the materials on the Site with respect to such products or services.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated.
Diet and Health Release
Site statements have not been evaluated by the Food and Drug Administration. SmartLife Chocolate<sup>®</sup> products are not intended to diagnose, treat, cure or prevent any disease. Because some of the information on the Site may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Site is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation food products. You agree not to rely on any information on the Site to make health-related decisions.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an SmartLife Chocolate<sup>®</sup> ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SmartLife Chocolate<sup>®</sup> immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SmartLife Chocolate<sup>®</sup> or any other user of or visitor to the Site due to someone else using your SmartLife Chocolate<sup>®</sup> ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s SmartLife Chocolate<sup>®</sup> ID, password or account at any time without the express permission and consent of the holder of that SmartLife Chocolate<sup>®</sup> ID, password or account. SmartLife Chocolate<sup>®</sup> cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the SmartLife Chocolate Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SmartLife Chocolate’s control, and SmartLife Chocolate<sup>®</sup> is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
SMARTLIFE CHOCOLATE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SMARTLIFE CHOCOLATE<sup>®</sup> CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SMARTLIFE CHOCOLATE<sup>®</sup> DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTLIFE CHOCOLATE<sup>®</sup> DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SMARTLIFE CHOCOLATE<sup>®</sup> SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SMARTLIFE CHOCOLATE<sup>®</sup> FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
SmartLife Chocolate<sup>®</sup> reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that it is your responsibility to monitor changes to our site.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL SMARTLIFE CHOCOLATE<sup>®</sup>, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
Limitation of Liability
Except where prohibited by law, in no event will SmartLife Chocolate<sup>®</sup> be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SmartLife Chocolate<sup>®</sup> has been advised of the possibility of such damages.
You agree to indemnify and hold SmartLife Chocolate<sup>®</sup>, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SmartLife Chocolate<sup>®</sup> by any third party due to or arising out of or in connection with your use of the Site.
Risk of Loss
All purchases of physical items from SmartLife Chocolate<sup>®</sup> are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SmartLife Chocolate<sup>®</sup> may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SmartLife Chocolate’s rights or property, or the rights or property of visitors to or users of the Site, including SmartLife Chocolate’s customers. SmartLife Chocolate<sup>®</sup> reserves the right at all times to disclose any information that SmartLife Chocolate<sup>®</sup> deems necessary to comply with any applicable law, regulation, legal process or governmental request. SmartLife Chocolate<sup>®</sup> also may disclose your information when SmartLife Chocolate<sup>®</sup> determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that SmartLife Chocolate<sup>®</sup> may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Disputes: Arbitration, No Class Action, Jury Waiver
Any dispute or claim relating in any way to these Terms or your use of the Service, or to any products sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Service Terms as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Void Where Prohibited And Products Are Not Available Outside The United States
SmartLife Chocolate<sup>®</sup> administers and operates the SmartLifeChocolate.com Site from its location in Granville, Ohio USA. Although the Site is accessible worldwide, not all products discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Specifically, at this time no products are provided or offered for sale to customers located outside the United States. No products will be shipped to a location outside the United States. SmartLife Chocolate<sup>®</sup> reserves the right to limit, in its sole discretion, the provision and quantity of any product to any person or geographic area. Any offer for any product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
SmartLife Chocolate's trademarks include Smartlife Chocolate®, A Smart Commitment, the SmartLife Chocolate<sup>®</sup> logo, the SL logo, and the A Smart Commitment logo. "Trust Your Gut Instincts" and "It's Time To Up The Anti", as well as the "Trust Your Gut Instincts" and "It's Time To Up The Anti" logos are marks of SmartLife Chocolate, LLC. The absence of a product or service name or logo from this list does not constitute a waiver of SmartLife Chocolate’s trademark or other intellectual property rights concerning that name or logo.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SmartLife Chocolate<sup>®</sup> reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant SmartLife Chocolate<sup>®</sup> a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SmartLife Chocolate<sup>®</sup> and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SmartLife Chocolate<sup>®</sup> for all claims resulting from content you supply. SmartLife Chocolate<sup>®</sup> has the right but not the obligation to monitor and edit or remove any activity or content. SmartLife Chocolate<sup>®</sup> takes no responsibility and assumes no liability for any content posted by you or any third party.
We reserve the right to refuse service to anyone for any reason at any time.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. SmartLife Chocolate<sup>®</sup> shall be free to use such information on an unrestricted basis.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
The information contained in this web site is subject to change without notice.
Copyright © 2019 SmartLife Chocolate. All rights reserved.
Updated February 15, 2019.