Thank you for visiting our website (SmoothieRecipes.com), sometimes referred to in these Terms of Use as "Website," "website," or "Site."
If you are visually-impaired, we recommend using text-to-speech software, such as Microsoft’s Narrator or Apple’s VoiceOver, to enjoy SmoothieRecipes.com. If you need help using our site, please click here to contact us.
If you want to view or use SmoothieRecipes.com, you must agree to conform to and be legally bound by the terms and conditions described below. If you disagree with any of these terms or conditions, do not use SmoothieRecipes.com.
Click the link to view SmoothieRecipes.com's Privacy Policy. SmoothieRecipes.com's Privacy Policy is part of, and subject to, these Terms of Use. However, if there is a conflict, the terms of the Privacy Policy shall govern.
From time to time a membership program may be operated at SmoothieRecipes.com. In addition to complying with these Terms of Use, program members agree to obey the terms and conditions of a Membership Agreement. If there is a conflict between these Terms of Use and the terms and conditions within the Membership Agreement, the provisions of the Membership Agreement shall govern with regard to program members.
This website and our communications with you may contain references to health-related products and/or services. The following disclaimers apply to such references.
Any references to physical or mental health on this website and in our communications constitutes an educational service consisting solely of general health information. The materials at SmoothieRecipes.com are provided "as is" and without warranties of any kind either express or implied.
(i) Not a Substitute for Professional Medical Advice or Treatment. The website's content is not a substitute for direct, personal, professional medical care and diagnosis. None of the exercises or treatments (including products and services) mentioned at SmoothieRecipes.com should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.
(ii) Health Risks. There may be risks associated with participating in activities or using products mentioned at SmoothieRecipes.com for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such activities or use such products if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities and products.
(iii) Accuracy and Completeness. Facts and information are believed to be accurate at the time they were placed in SmoothieRecipes.com. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
(iv) Injuries. You agree to hold SmoothieRecipes.com, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the activities and products discussed on this website, excepting only claims for gross negligence or intentional tort.
Testimonials, case studies, and examples found at SmoothieRecipes.com are exceptional results, do not reflect the typical purchaser's experience, don't apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found at SmoothieRecipes.com.
However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties.
SmoothieRecipes.com may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the "Recordings"). This section describes our respective rights and responsibilities with regard to the Recordings.
All Recordings are to be watched and/or listened to for informational and entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the "Third Party Social Media Sites").
We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. We also make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites.
Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.
Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits.
If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or third party servers. This may include, but is not limited to cloud hosting services from Amazon.com or others but excludes the Third Party Social Media Sites described above.
We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for us.
Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party.
Recordings only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the owners of third party servers hosting the Recordings may track your viewing and/or listening habits.
When you watch or listen to the Recordings on this website, you understand and agree that you are doing so pursuant to a personal limited non-exclusive revocable nontransferable nonsublicensable license from us to do so.
The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner.
You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.
We review SmoothieRecipes.com periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on SmoothieRecipes.com, or for more information, please send us an email by using this contact form.
You understand and agree that your use of SmoothieRecipes.com is limited and non-exclusive as an individual limited nontransferable nonsublicensable revocable licensee. We may, within our sole discretion, terminate your license to use SmoothieRecipes.com, and access to SmoothieRecipes.com, for any reason or no reason whatsoever, and without giving you notice.
All content on SmoothieRecipes.com is owned by Healthy Made LLC or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from SmoothieRecipes.com without our permission. Any requests to use our content should be submitted to us by email using our contact form.
If you believe that your intellectual property rights have been infringed upon by SmoothieRecipes.com content, please notify us by sending an email, or by sending postal mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
For copyright infringement issues, please follow the instructions in the DMCA Notice found below on this web page.
The ingredients and amounts of recipes cannot be copyrighted, but titles, descriptions, directions and other text can. By submitting your recipe to SmoothieRecipes.com or saving your recipe using the "Recipe Builder" (SmoothieRecipes.com/build/), you represent that your recipe's title, description, directions, or any other text related to it are your own words and do not copy or otherwise infringe the work of any other person. You hereby grant SmoothieRecipes.com and Healthy Made, LLC the royalty-free right and license to use the recipes you submit, in whole or in part in any media or form. You also understand that SmoothieRecipes.com and Healthy Made, LLC has no obligation to attribute authorship of the recipe to you for any reason, including, for example, if the recipe has been published on SmoothieRecipes.com or in any materials produced by SmoothieRecipes.com or Healthy Made, LLC.
THE INFORMATION ON SmoothieRecipes.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF SmoothieRecipes.com IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SmoothieRecipes.com WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN SmoothieRecipes.com WILL BE CORRECTED.
INFORMATION ON SmoothieRecipes.com SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE MEDICAL OR OTHER PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO SmoothieRecipes.com, YSmoothieRecipes.com USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO SmoothieRecipes.com SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT, AND SHALL NOT BE AGGREGATED WITH THE CLAIMS OF OTHER PARTIES.
Cyber-bullying and Internet harassment are prohibited. Although we support First Amendment free speech rights, such rights are limited where the purpose or effect of the expression is to bully, harass, threaten, ridicule, embarrass, and/or intimidate others. This is particularly true in matters involving race, ethnicity, national origin, religion, gender, sex, sexual orientation, physical disability, and/or mental condition.
If we decide, in our sole discretion, that you have committed cyber-bullying acts or Internet harassment, we reserve the right to unilaterally suspend or ban your use of SmoothieRecipes.com immediately with or without notice to you. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove material posted to SmoothieRecipes.com that we determine constitutes cyber-bullying or Internet harassment.
If we suspect that the cyber-bullying acts or Internet harassment constitutes illegal activity, we may, in our sole discretion, provide information to law enforcement or other government officials for purposes of investigating the misconduct. Examples of illegal conduct include, but are not limited to, threats of violence, sending sexually explicit images, and stalking others.
We are not responsible for any obscene or offensive content that you receive or view from others while using SmoothieRecipes.com. However, if you do receive or view such content, please contact us by email so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to SmoothieRecipes.com.
Without our express prior written permission, you shall not use SmoothieRecipes.com to promote, market, or advertise directly or indirectly on behalf of any “business opportunity” covered by the U.S. Federal Trade Commission’s Business Opportunity Rule, 16 C.F.R. § 437.1 et seq. (as amended). This includes, but is not limited to, comments, messages, and signature tag lines promoting a business opportunity. If you violate this provision, as determined in our sole discretion, we reserve the right to unilaterally suspend or ban your use of SmoothieRecipes.com immediately with or without notice to you, and to remove all offending content from SmoothieRecipes.com.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of SmoothieRecipes.com or your violation of these terms, conditions, and policies.
You agree to obey all applicable laws while using SmoothieRecipes.com. You also agree that the laws of the State of Florida govern these Terms of Use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in the City of Tampa, Florida USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
We oppose unsolicited commercial email (UCE). Also known as spam or junk email, it is a disservice to the Internet community.
We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code § 17529, may be applicable if you are using or sending to a California electronic mail address, and in other limited circumstances.
If you subscribe to electronic newsletters or other communications from us or SmoothieRecipes.com, you will always have an option to unsubscribe immediately.
If you have additional questions, comments or concerns, please contact us by sending an email and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Healthy Made LLC
Attn: UCE Department
P.O. Box 1747
Tampa, FL 33601
USA
You should always conduct your own investigation (perform due diligence) before buying products or services from anyone via the internet. This includes products and services sold on this website and all other websites.
Unless otherwise expressly stated, you should assume that all references to products and services on SmoothieRecipes.com are made because material connections exist between Healthy Made LLC (the "Owner") and the providers of the mentioned products and services (the "Provider").
The Owner recommends products and services on SmoothieRecipes.com based in part on a good faith belief that the purchase of such products or services will help purchasers in general. The Owner has this good faith belief because (a) the Owner has tried the product or service mentioned prior to recommending it or (b) the Owner has researched the reputation of the Provider and has made the decision to recommend the Provider's products or services based on the Provider's history of providing these or other products or services. The representations made by the Owner about products and services reflect the Owner's honest opinion based upon the facts known to the Owner at the time a product or service is mentioned on SmoothieRecipes.com.
The Owner's opinion about a product or service may be partially formed (consciously or subconsciously) in part based on the fact that the Owner has been compensated or will be compensated because of the Owner's business relationships with the Providers.
In some instances, the Owner and a Provider will have a business or personal relationship that does not involve the Owner receiving compensation related to products and services mentioned on SmoothieRecipes.com. However, the nature of the relationship is sufficient to establish a material connection between the Owner and the Provider.
Because there may be a material connection between the Owner and Providers of products or services mentioned on SmoothieRecipes.com, you should always assume that the Owner may be biased because of the Owner's relationship with a Provider and/or because the Owner has received or will receive something of value from a Provider.
Perform your own due diligence before purchasing a product or service mentioned on SmoothieRecipes.com (or any other website).
The type of compensation received by the Owner may vary. In some instances, the Owner may receive complimentary products, services, or money from a Provider prior to mentioning the Provider's products or services on SmoothieRecipes.com.
In other instances, the Owner may receive a monetary commission or non-monetary compensation when you take action based on the content of SmoothieRecipes.com. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on SmoothieRecipes.com.
SmoothieRecipes.com contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.
Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to SmoothieRecipes.com if they do not imply an endorsement by, or affiliation with, SmoothieRecipes.com absent written consent. If we operate an affiliate program, our affiliates may link to SmoothieRecipes.com pursuant to the terms and conditions of our affiliate program agreement with them.
We review SmoothieRecipes.com periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. Please note that links to external websites may expire over time. Such expiration is beyond our control. To report problems with links on SmoothieRecipes.com, or for more information about this policy, please send us an e-mail.
If any part of these terms, conditions, and policies are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email via our contact form, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Healthy Made LLC
Attn: UCE Department
P.O. Box 1747
Tampa, FL 33601
USA
These Terms of Use, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of SmoothieRecipes.com.
The above terms, conditions and policies may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on SmoothieRecipes.com's home page that changes have been made. If you disagree with the changes that have been made, you should not use SmoothieRecipes.com.
We may terminate these terms, conditions, and policies for any reason and at any time without notice to you.
If you are concerned about these terms, conditions, and policies, you should read them each time before you use SmoothieRecipes.com. Any questions or concerns should be brought to our attention by sending an email to us, and providing us with information relating to your concern.
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Healthy Made LLC. All rights reserved.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.
This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").
The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.
Please send DMCA notifications of claimed copyright infringement to:
THE WEBSITE OWNER
Healthy Made LLC
Attn: Copyright Agent
P.O. Box 1747
Tampa, FL 33601 USA
Click here to use our email contact form.
THE INTERNET SERVICE PROVIDER ("ISP")
E Solutions Corporation
Attn: Copyright Agent
400 North Tampa Street
Tampa Florida 33602 USA
813-301-2600 Phone
813-301-2699 Fax
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
These Terms of Use were last updated on December 15th, 2015.
This website legal document is Copyright © 2008-2014 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this website at SmoothieRecipes.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.