Last updated February 01, 2021
The information provided by SmartyPlants Inc. (“we,” “us” or “our”) on smartyplants.org (the “Site”) and our mobile application is for general informational purposes only. SmartyPlants Inc. created the SmartyPlants.org website to provide meal plans, support, recipes, information and entertainment to people who want to try or to sustain a plant-based life-style. By joining and/or using this website or any of our Social media, you accept the below disclaimer in full. If you disagree with any part of this disclaimer at all, do not use the SmartyPlants.org website, or any affiliated groups, social media, websites, properties, or companies. Any and all information, content, and material posted on the SmartyPlants Website is for informational purposes only and is not intended to serve as a substitute for the professional consultation, diagnosis, and/or medical treatment from a doctor or any qualified healthcare provider. The information on this website is not intended to replace any medical advice, you may have received from your doctor(s) or healthcare professional(s). No information on this site should be used to diagnose, treat, or cure any disease or condition, what so ever. If you are having a medical emergency, please call your doctor, healthcare professional or 911 immediately.
EXTERNAL LINKS DISCLAIMER
The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Site cannot and does not contain medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical/health advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE, SOCIAL MEDIA OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK. All information, content, and resources found on the SmartyPlants Website are based on the opinions of the owners, administrators and members, and are not intended to provide medical diagnosis or medical advice. All information contained on our website or any social media is intended to motivate members to make their own nutrition and health decisions after consulting with their doctor(s) or health care provider(s).
The Site and our mobile application may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. We assume no responsibility for any purchases you have made from other sites we are linked to.
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.
This website only uses software and tools that are in compliance with General Data Protection Regulation (GDPR) laws. Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.
All information provided on the Website regarding nutrition, is intended to only be used for informational purposes. Information and content related to nutrition is in no way to be taken as, or replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any nutrition program, modifying your diet, or making changes to the diet of a child or any persons in your care, including following the nutrition information available on the Website, you should seek advice from your doctor(s), health care provider(s) or licensed professional. SmartyPlants, it’s owners, or admins, are in no way responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website, or through social media. The Food and Drug Administration has not evaluated any of the content contained in any information on the Website. Individual results may vary.
On a weekly basis, SmartyPlants will publish content with recipes. All such recipes have been tested by the SmartyPlants team personally or by our recipe developer(s), but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume all risk of any potential injury that may result. Do not consume anything you may be allergic to, and always read every label on purchased products.
From time to time, SmartyPlants.org may discuss topics related to events (“Event"). All Event content is for informational purposes only. Unless specifically disclosed in the content, the Website is not a partner or sponsor of these Events. If you choose to attend an Event that was listed on the Website, you assume all risk of any potential injuries that you may incur at such an Event. Please consider all inherent risks of a particular Event before participating. From time to time, the Events listed on the Website may contain an element of physical fitness. (e.g., 5k, bowling, etc.) If you are unsure of your physical abilities, you should seek medical advice prior to participating. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue the Website and its respective parent companies, subsidiaries, affiliates, officers, consultants, contractors, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses, or expenses (including court costs and reasonable attorneys’ fees) which may arise out of, result from, or relate in any way to your attendance at any Event, except for any gross negligence or willful misconduct on our part.
YOUR RIGHT FOR DATA REMOVAL
You have a right to have your data deleted from our system if you so wish. Please contact us directly and we will take the necessary steps to ensure your data is deleted. There will be limitations to this deletion as we only have control over the data we have collected within our CRM system. We will NOT be able to delete your data belonging to other entities or websites, like social media sites and/or comments you may have made on other sites on the internet.
The Website was developed strictly for informational purposes only. You understand fully and agree in totality that you are fully and 100% responsible for your use of the information provided on the Website. SmartyPlants makes no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.
The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein. We make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold SmartyPlants Inc, the Website, its owners, members, employees, officers, directors, contractors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which we suffer as a result of third-party claims based on:
(i) your negligence or intentional misconduct,
(ii) your breach of any provision of the Disclaimer (including representation or warranty);
(iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Disclaimer will be governed and construed in accordance with the laws of the State of Illinois. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Cook County, IL. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Disclaimer not be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion. All notices with respect to the Disclaimer must be in writing and made via email for the Website and to your email address.
Effective Date: February 1st, 2021
WHAT INFORMATION DOES SMARTYPLANTS.ORG COLLECT?
SmartyPlants collects two types of information from you: Personally identifiable information (e.g., information that can be used to identify you specifically, such as your name, e-mail address, billing address, telephone number, credit card information, etc.) and Non-personally identifiable information (e.g., information that reasonably could not be linked to or associated with you or aggregated anonymous data, etc.).
Newsletter Subscription / Opt In
When you subscribe to our newsletter, we collect the name and e-mail address that you submit to our newsletter subscription form.
Challenges / Events/ Contests / Downloads / Signups
When you sign up to participate in our free or paid SmartyPlants programs, we collect the name and e-mail address that you submit to our signup form/s.
Digital Product Download
When you purchase one of our Digital Products, we collect your name, e-mail address, credit card information, and billing address through Ontraport CRM. When you download a free Digital Product, we only collect your name and e-mail address. Note that we DO NOT store any of your credit card information. They are stored by our payment processors, Stripe and our CRM system, Ontraport.
If you participate in a SmartyPlants promotion like a giveaway, contest, or sweepstakes, we collect and store the name and e-mail address you submit to enter the promotion.
If you participate in a SmartyPlants survey, we may collect your name and e-mail address in connection with that survey, as well as the information you agree to submit in the survey.
THIRD PARTY ANALYTICS
WHAT DOES SMARTYPLANTS DO WITH MY INFORMATION?
Non-Personally Identifiable Information.
We use non-personally identifiable information, like aggregate data about the most visited Site pages or the duration of a certain Site page’s visits from Google Analytics that is not tied to any specific Site user, to maintain, improve, and protect our Site and our product and service offerings.
Personally Identifiable Information
When you sign up for our newsletter or sign up to participate in a promotion or contest, we may use the name and e-mail address that you provide to subscribe you to our newsletter or in order to send you the newsletter or e-mails. We store the name and e-mail address you provide in an SSL encrypted database that resides with Ontraport, (our newsletter and shopping cart service provider), Help Scout (our customer service email provider), Stripe (our payment platform providers). We pay monthly and/or annual service dues to these providers to keep your information safe and secure. When you enter a promotion on our Site, we use the information you submit to us to administer the promotion (e.g., enter you into the promotion, notify you if you are a winner, and send you your prize). We store the name and e-mail address you provide in an SSL encrypted databases residing with our respective email providers. If the prize for the promotion is administered by a third party, we may provide your name and e-mail address to that third party if you are one of the winners of a promotion. Please read the rules of any promotion prior to entering any giveaway, contest, or sweepstakes. When you purchase a Digital Product, we use the personal information you provide to process the transaction, deliver the purchased Digital Product(s), and to provide customer service as necessary. We store this information in an SSL encrypted database.
DOES SMARTYPLANTS SHARE MY PERSONAL INFORMATION WITH THIRD PARTIES?
DO YOU COLLECT CHILDREN’S INFORMATION?
ur Site and our Digital Products and Services are not directed to, marketed towards or intended for children under thirteen (13) years of age and we request that children under 13 do not submit any personally identifiable information or any other information to our Site.
IS MY PERSONALLY IDENTIFIABLE INFORMATION SECURE?
WHAT ARE MY OPT OUT CHOICES?
Electronic Newsletter and E-mail Communications
You may unsubscribe from our electronic newsletters or e-mail communications (including promotional e-mails) at any time by following the unsubscribe instructions at the bottom of every single e-mail / newsletter you receive from us.
CORRECTION OR DELETION OF PERSONALLY IDENTIFIABLE INFORMATION
You may request that we update, change, correct, or delete your personally identifiable information at any time. If you request that we delete your personally identifiable information, we will remove your personally identifiable information that is stored in databases we actively use and in readily searchable formats. Please be aware, however, that it may not be technologically possible for us to erase or otherwise remove every record of the information you have provided to us, such as information stored on backup tapes or backup servers. We are not responsible for and cannot control the personally identifiable information that you have provided to third parties such as but not limited to; SmartyPlants’ social media outlets and public comments on our Site.
If you are a resident of California, you have the right to request a list of all third parties to which SmartyPlants has disclosed certain personally identifiable information during the preceding year for third party direct marketing purposes. If you choose to make such a request, please be advised that you are limited to one request per calendar year. Please provide a current California address for our response to you and please also attest to the fact that you are a California resident. At this time, we only collect personally identifiable information about your online activities on our Site. We do not collect personally identifiable information about your online activities over time and across third-party Web sites or online services.
LINKS TO THIRD PARTY WEBSITES
We sometimes provide links to third party websites on our Site. If you choose to click on a third party website link on our Site, you acknowledge and agree that SmartyPlants has no control over or responsibility for the information, content, products, services, advertising or information collection practices of the third party site(s). We do not make any representations or warranties regarding the accuracy, security or legal or regulatory compliance of third party websites and you agree to assume the risks, responsibilities, and consequences resulting from your use or access of third party websites.
TERMS AND CONDITIONS OF SALE
A. Products. Our products, including digital publications, are delivered to you in an e-mail containing a link to a downloadable portable document format (PDF) file. The download link is active for five clicks. After five clicks, the link will no longer work. We recommend saving the PDF after downloading it so that you may access the PDF anytime after your purchase without relying on the download link. We do not re-issue download links after link expiration (unless otherwise specified). If your download link expires, you will need to re-purchase the product for a new download link. You may need the Adobe Reader® software or Adobe Reader® mobile app in order to access the PDF. The file is also readable in iBooks.
B. Pricing. All products listed on the Site and their descriptions, including pricing, are subject to change. SmartyPlants reserves the right to modify, suspend or discontinue the sale of any product at any time with or without notice. If a product is listed with an incorrect price or with incorrect information, we shall have the right to decline or cancel your order prior to acceptance of your order. If you have already submitted payment for your order, we will issue a refund to your credit card or PayPal account.
C. Payment Terms. You agree to pay the price applicable for each product as of the date and time you submitted your order on the Site. We accept Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal.
D. Product Return Policy. SmartyPlants does NOT accept returns or provide exchanges or refunds for purchased digital products or publications – no exceptions. We do NOT re-issue download links after link expiration (unless otherwise specified) If your download link expires, you will need to re-purchase the product for a new download link.
E. Shipping Policy. We deliver our products as a digital download sent to your e-mail address. By submitting your e-mail address to us, you authorize us to deliver the digital download(s) and/or a link to the digital download(s) you have purchased to that e-mail address. We do not ship physical products at this time.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3: If you have a question or complaint about SmartyPlants our products, or our Site, please contact us first. email@example.com
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF SMARTYPLANTS INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES EXCEED THE GREATER OF THE TOTAL PAYMENTS MADE BY YOU TO SMARTYPLANTS IN THE PRECEDING SIX (6) MONTH PERIOD OR FIFTY DOLLARS ($50). THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM SMARTYPLANTS OR THE SITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE SITE, ITS CONTENT, OR SMARTYPLANTS’ PRODUCTS WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.
CHOICE OF LAW, JURISDICTION, VENUE