Terms and Conditions of Service
Smartways Health is owned and operated by Smartways Market LLC which will be referred to as Smartways Health from here on forward.
Smartways Health also known as www.smartwayshealth.com is not intended for children or anyone under 18 years of age and you should not use this website or any content if you are under 18. You hereby represent and warrant that you are at least 18 years of age. If you are not 18 years of age or older you must leave this website now.
Content Appearing on “our Services”
“Content” means anything you can see within any page of this website including headers, footers and any code as well as information, images, charts, text, graphics, or other materials uploaded, downloaded or appearing on this website including but not limited to the opinions and evaluations, any presentations, videos, rankings, ratings, reviews, other information, advertisements, interactive discussions, comments, photos, emojis, graphics, music, sound, whether such Content is owned by Smartways Health or third parties.
Some content on this website may come from third party services including Amazon Services LLC and is provided “As Is” and may be removed, change or updated at anytime.
You should leave immediately after reading this agreement if you do not agree with anything within this terms and conditions of service agreement.
ACCURACY OF INFORMATION
The Smartways Health staff works hard to ensure that all information that we post on our website is accurate and true at the time of publication however we do not guaranty the accuracy of any content or provided information for various reasons. Much of the information we provide is sourced from the internet, books, websites, health professions, and the data and sources may update, remove or change their information at any time. This may mean that some of our information may not match the current information or may be obsolete and or products, services and information may have been deleted and may no longer exist, and it is your responsibility to check the manufactures/brands current products, other product or service information, their websites and their marketing literature, current studies, and other sources before you make any decisions regarding any product or service or information you wish to use, and you are not to rely solely on the information provided on our websites, through our emails, our marketing literature, or our social media platforms.
Smartways Health may at times discuss, recommend and compare products and services and we strive to ensure all information regarding these and all products and services is accurate at the time of publication /posting. But products and services and information may change or be discontinued, prices may change, labels may change and marketing for these products or services may change at anytime and in any way, including new information from studies related to these products and services. This may mean that some of our content at the time of publication many now not match the updated and current information, or labels or formulas and/or be now obsolete and or products or services and information may have been deleted and may no longer exist, and it is your responsibility to check the manufactures/brands current products, services, their websites and marketing literature including and new studies and information before you make any decisions on that product or service and you are not to rely solely on the information provided on our websites, emails, marketing literature, or social media platforms.
We are not responsible for lies, inaccuracies and misleading information provided to us from our sources or from the products or services, or from the companies that we mention on our Services.
Smartways Health, their affiliates, partners, agents, employees, licensors and third party content providers warrant that content on our Services may or may not be misinterpreted, uninterrupted and error free nor do they make any warranty as to the results obtained from the use of any content, links, products or services nor do they warrant the accuracy or reliability of content, products or services from Smartways Health.
Limitation Period for Claims.
You agree that regardless of any statute or law to the contrary, that any claim or cause of action arising due to related use of our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
AGREEMENT TO ARBITRATE
As part of our Terms and Conditions should you use our services you agree that You and Smartways Market LLC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
You and Smartways Market LLC both believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements between you and Smartways Market LLC.
Therefore, pursuant to this Agreement, should you have any dispute or disagreement with us regarding any content or relationships with Smartways Health, you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court. By using or interacting with the Smartways Health Website, our Services, or engaging in any other relationships with us or anything related to this agreement, you agree to binding arbitration as provided below.
Any and all claims or controversy that may arise out of or relating to these Terms and Conditions of Service and or through the use of our Services or its breach, with the exception of injunctive relief sought by Smartways Market LLC for any violation of Smartways Market LLC’s proprietary rights, shall be settled by arbitration in accordance with the current rules of the American Arbitration Association.
Before entering into arbitration, all parties shall each appoint an arbitrator, and these two arbitrators will select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the field related to our Services. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Buffalo, New York, USA.