Terms of Use

Last Updated: September 16, 2019

This website located at www.thesmarthuman.com is owned and operated by The Smart Human, LLC, a New Jersey limited liability company (the “Website” or “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE SMART HUMAN. BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.

If you are under the age of 18, please discuss your use of this Website and our Terms of Use with your parent or guardian.

THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE

Information on this Website is provided for informational purposes only and is not intended as a substitute for the advice of a physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this Website for diagnosing or treating any health problem or disease, or selecting any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. You should carefully read all product packaging and instructions for any products or services you purchase through this Website. If you have or suspect that you have a medical problem, you should immediately contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any services provided through this Website DOES NOT create a doctor-patient relationship between you and any physician. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

OWNERSHIP OF MATERIALS ON WEBSITE

All designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, software, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names which are part of or displayed through this Website (the “Materials”) are the property of The Smart Human or of third parties who have authorized The Smart Human to use the Materials and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

You should assume that everything you see or read on this Website, receive through related services such as newsletters, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. The Smart Human does not warrant or represent that your use of the Materials will not infringe rights of third parties whom are not owned or affiliated with The Smart Human. Images are either The Smart Human’ property or used by The Smart Human with another party’s permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.

The Smart Human and The Smart Human logo are the trademarks of The Smart Human.  Your misuse of the trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.

CREATIVE COMMONS ATTRIBUTION-NONCOMMERCIAL-NODERIVATIVES 4.0 INTERNATIONAL PUBLIC LICENSE

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License (“Public License”). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and The Smart Human grants You such rights in consideration of benefits The Smart Human receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by The Smart Human. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  3. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  4. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  5. Licensed Material means the written content on this Website which are the original writings of The Smart Human, are identified as being subject to this Creative Commons license, and are not licensed from or attributed to a third party.
  6. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that The Smart Human has authority to license.
  7. Licensor means The Smart Human.
  8. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
  9. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  10. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  11. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, The Smart Human hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
      2. produce and reproduce, but not Share, Adapted Material for NonCommercial purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Smart Human authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Smart Human waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from The Smart Human – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from The Smart Human to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, The Smart Human or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

 

  1. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, The Smart Human waives and/or agrees not to assert any such rights held by The Smart Human to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, The Smart Human waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases The Smart Human expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material, You must:
      1. retain the following if it is supplied by The Smart Human with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by The Smart Human (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.

For the avoidance of doubt, You do not have permission under this Public License to Share Adapted Material.

    1. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    2. If requested by The Smart Human, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only and provided You do not Share Adapted Material;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by The Smart Human, to the extent possible, The Smart Human offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will The Smart Human be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if The Smart Human has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by The Smart Human.

For the avoidance of doubt, this Section 6(b) does not affect any right The Smart Human may have to seek remedies for Your violations of this Public License.

  1. For the avoidance of doubt, The Smart Human may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  2. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Smart Human shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by The Smart Human.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to The Smart Human or You, including from the legal processes of any jurisdiction or authority.

YOUR CONDUCT ON THE WEBSITE

Any conduct by you on the Website that we believe, in our sole and absolute discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory, racially, ethically, or otherwise, to another’s faith or status, or is otherwise objectionable, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to solicit passwords or personally identifying information for commercial or unlawful purposes from others users. You agree not to: (a) transmit “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”; (b) use the Website to engage in commercial activities or sales without our prior written consent, including without limitation any contests, sweepstakes, barter, advertising, or pyramid schemes; (c) create or distribute any unauthorized copy of any third party’s copyrighted work, including without limitation providing pirated computer programs or links to such programs, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or (d) or impersonate any person or entity or forge anyone’s digital or manual signature or attempt to gain unauthorized access to any other person’s computers, software, or data. You may not use the Website to defame, insult or ridicule another person. Any verbiage that we find objectionable will be removed without notice.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website. You further agree not to access the Website by any means other than through the interface provided by us for use in accessing the Website. You understand that the robots.txt file is the only means by which robots are authorized to access the Website. You agree not to violate any of our robot access policies.

You hereby acknowledge that any breach of these Terms of Use or any violation of any of our policies by you may result in termination of your access to the Website, deactivation or deletion of your account and all related information and files in your account, and permanent termination of your access to such information and files, without prior notice.  The determination as to whether you have violated any these Terms of Use shall be made by The Smart Human in its sole and absolute discretion and shall be final, binding, and non-appealable by you.

DISCLAIMERS

WE PROVIDE THIS WEBSITE, THE CONTENT AND ALL OTHER SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states such as New Jersey do not allow the exclusion or limitation of certain warranties, and in such states the foregoing may not apply to you.

You hereby agree to consult your physician and medical advisors before purchasing or using any products or services available through the Website. In addition, you should carefully read all information provided by the manufacturers of such products or in product packaging and on labels before using any product purchased through the Website.

The Website may contain links to other websites, and third parties may link their websites to the Website. You understand and agree that we shall have no responsibility for any product or service or the accuracy, content, or availability of information found on other websites, or that contain links to or from the Website. Because some websites may employ automated search results or may otherwise link to websites containing information that may be deemed inappropriate or offensive, you understand and agree that we will have no responsibility for the accuracy, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect thereto. Prices and availability of products and services available through the Website are subject to change without notice.

LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing, or distributing the Website or content be liable for any indirect, incidental, punitive, special or consequential damages, including but not limited to any loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), including without limitation any damages that result from: (i) any delay, failure, interruption or corruption of the Website or any data or information transmitted in connection with the use of this Website; (ii) personal injury or death caused by use or misuse of the Website; (iii) the cost of procurement of substitute goods and services; (iv) unauthorized access to or alteration of the website or your account, including without limitation your transmissions or data; (v) statements or conduct of any third party; or (vi) any other matter relating to the Website. You hereby acknowledge that this paragraph shall apply to all content, products and services available through the Website. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF THE PRICE YOU PAID US FOR THE GOODS OR SERVICES THAT ARE THE SUBJECT OF YOUR CLAIM OR FIVE HUNDRED DOLLARS ($500). Some states such as New Jersey do not allow the exclusion or limitation of certain liabilities, and in such states the foregoing may not apply to you.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through the Website, your misuse of the Website, your violation of these Terms of Use, or your violation of any rights of any other person.

PRIVACY

We respect your privacy in accordance with the terms of our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

MALWARE

We take great care and pride in creating this Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Website and that is beyond our control. If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Website and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.

APPLICABLE LAW; JURISDICTION AND VENUE

We control the Website from our offices within the United States. We make no representation that the Content on the Website is appropriate, legal or available for use in other locations. If you access the Website from outside the United States, you are responsible for compliance with applicable local laws. Any dispute between you and us, and any dispute relating to the Website, the goods and services provided through the Website, or the Content shall be governed by the laws of the state of New Jersey, without reference to its conflicts of laws provisions. The state and federal courts located in Trenton, New Jersey, shall have sole jurisdiction over each such dispute, and the parties hereby consent to the personal jurisdiction of such courts.

TERMINATION

These Terms of Use are effective until terminated by either party upon notice to the other party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Website. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice at any time. You agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar you from any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Website.

GENERAL

These Terms of Use constitute the entire agreement between you and us and govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

ASSIGNMENT

We may assign these Terms of Use, including your Content and personal information, in the event of any merger, acquisition, change in control or other similar transaction involving us or any of our affiliates.

COMMENTS

If you have any questions or comments about us or these Terms of Use, you may contact us at info@thesmarthuman.com.