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We are dedicated to:
We hope you will take the time to explore the site, register and contribute to SmartNow. Please understand that we are not providing medical advice, diagnosis or treatment. SmartNow is an informational resource for you, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers. We intend to have many local service providers across multiple disciplines as a resource. If you choose, SmartNow will connect you with those service providers. Please understand that we cannot visit all service providers listed on the site. We will rely on your feedback to insure that the listed providers are providing the best possible service. We have zero tolerance for: pornography, inappropriate language, feedback that is not constructive or character or business defamation. That is not to say that we do not want to hear negative feedback. We do. We would like this information especially as it applies to service providers. We may contact you to understand why you had a negative experience with a service provider and/or SmartNow. Negative feedback on a service provider may result in the delisting of the service provider. We will not post negative feedback that we deem to be unconstructive. We also ask that you respect the opinions of others when you comment. It is fine to disagree and to provide feedback that constructively provides alternative viewpoints. In fact, we encourage many points of view. However, we cannot tolerate comments that are solely disparaging. Other guidelines and rules follow. Please read them carefully because we want you to understand them and accept them before you use or register for the site. The following terms constitute an agreement between you and SmartNow, Inc, the operator of the Site ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor and as a member. BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the state of California any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without warranties. 1. About the Site The Site contains a range of information and tools relating to health, fitness, nutrition, beauty and relationships. There are articles, tools, images and other content (“Content”) we have written or commissioned from practicing professionals; content we have licensed from well-respected sources and user- submitted content such as blogs, stories, forum postings and user-submitted videos. Content submitted by users is reviewed by us but not verified by us. We accept advertising on the Site, but try to be responsible in what we will and won't accept. We make sure that all ads are clearly marked. Everything we offer on the Site is referred to in these Terms of Service collectively as "the Services." Most of what is on the Site is viewable without registering with us, but to actively participate or store your information you must register as a member. In addition, you can review our Privacy Policy and Advertising Policy for additional information on how we do business. 2. Changes to These Terms of Service These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site and Services, we will let you know by sending you an email if we have a current email address for you and by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service you may discontinue your use of the Site, or if you are a registered a member, cancel your registration. We recommend that you print or copy any information you have stored through the Services prior to canceling. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly. 3. Registration In order to register, you will provide some basic information to us about yourself. During registration you will provide an email address and create a password. These are your credentials for accessing Services that are only available to members ("Credentials"). You will also select a screen name that will be your "nickname" on the Site. You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others. 4. Your Personal Information The SmartNow Privacy Policy explains the information practices that apply to the personal information we have about you, as well as the choices you can make about the ways this information is used. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us. Additionally, you agree that we, and vendors acting on our behalf, may use your Credentials to authenticate you on any Service or the Site. 5. Your Responsibilities You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Please contact us if you believe your password may have been compromised. You may use the Site and Services for lawful, non-commercial purposes only. When participating in our communities or providing ratings, you must comply with editorial guidelines as outlined below. You may not use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts or computer systems or networks through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service. 6. Limitation on Use of Automated Tools You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE) - compliant robots. 7. Changes to the Services We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service. 8. Links to Other Sites The Site may include links to other websites, including links provided as automated search results. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites. 9. Additional Terms Certain Services on the Site may have additional terms that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules. 10. No Spam You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately if you do this. And, if necessary, we will take other legal action. 11. Content You Post or Submit The Site includes a community area where members can post messages, information, videos and images such as forums, blogs and personal stories that can be accessed and viewed by others, including the public in general. When you submit any information to SmartNow keep in mind that they it is not confidential and that they will be designated as modules that can be clipped and pasted on other personal and community websites. Please be thoughtful with the information you post. You (or the author) continue to own the copyright in your Postings but, by submitting Postings to public areas of the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit and promote your postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose. We are committed to actively monitoring the communities, but some illegal or inappropriate content may slip by. Please help us by using the Report Abuse link in community areas. We reserve the right to remove Postings for any reason. We are under no obligation to remove the posting in a timely manner, although we will strive to do so. Please remember we want to hear from you. Please send us suggestions at: feedback@smartnow.com. We will do our best to answer all questions and acknowledge your feedback. 12. Your Use of SmartNow Content All of the Content available on or through the Services and/or the Site is owned by us, our suppliers and our contributors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. You may email any blogs and videos to your friends and families. You may also print, download and store articles and other information for your own convenience, but you may not sell, mine, exploit, frame or scrape any of the Content or exploit the Content for commercial gain. 13. Advertising We accept advertising that complies with our Advertising Policy. 14. Linking To This Website We want to encourage you to link to our site. We do reserve the right, however, to revoke permission to the link at any time in our sole discretion. 15. Important Information about Service Providers We have not verified the credentials, qualifications or abilities of the listed local service providers. We will survey everyone who has visited the service provider with the intent of understanding the quality of the service. If a service provider consistently provides unsatisfactory service, that service provider will be removed from the site. You are solely responsible for any decisions or actions you take based on information provided on SmartNow. Health, Fitness, Nutrition Information SmartNow works with many professionals including medical professionals. We are providing this information to help you become more informed in your own health, fitness and nutrition. This information is not a substitute for the care or advice provided by your health care or legal providers and advisors You should always speak to your legal advisor before making any legal decisions and to your health care provider before beginning, changing or stopping any medication or nutritional, dietary, herbal or homeopathic supplement or adopting any treatment or fitness regime. You are solely responsible for any decisions or actions you take based on the information. You are responsible for maintaining the confidentiality of your Credentials and limiting the access you allow others to your personal health records. 16. International Use The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. 17. We Make No Warranties WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A REVOLUTION HEALTH REPRESENTATIVE SHALL CREATE A WARRANTY. You use the Site and the Services at your own risk. 18. We Do Not Provide Medical Advice THIS SITE AND THE SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk. 19. General Limitation of Liability YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR, OUR PARENT'S AND OUR SUPPLIERS' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR SIX MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 20. Termination We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is canceled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time on the Account information page. 21. Indemnification Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 22. Electronic Contracting and Notices Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. 23. Entire Agreement This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service 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. 24. Choice of Law and Location for Resolving Disputes You agree that the law of the state of California governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to California's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the state of California. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. 25. Assignment We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else. |
