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Terms of Service

Definitions

  • "We", "us", and "our" refers to Smart Living Network and/or Ionx Holdings, Inc.
  • "You" and "yours" refers to the user as formed by the acceptance of these Terms and Conditions.
  • "User" refers to the party whose intention it is to utilize the Site and has accepted these Terms and Conditions to do so.
  • The "Site" refers to all pages, materials and content on www.smartlivingnetwork.com (including any and all single product or product combination websites owned and/or operated by the above mentioned companies).
  • The "Terms" refers to this entire document, including but not limited to, the Privacy Guideline and any other rules, terms, guides, or notifications posted on the Site.
  • "User Generated Content" refers to all materials users can contribute, including but not limited to, comments, blogs, forums, questions, profile information, pictures and links.

Modifications to Terms

Due to changes in services, technology, industry, practices, the law or consumer demand, or for reasons we deem necessary, Smart Living Network LLC (hereinafter, Smart Living Network) may change both our terms of use and privacy policy at any time. Your continued use of the Site after these changes have been made, means you have agreed to the amended terms and privacy policy. Notice of these changes will be made on the Site.

Modifications to Service

Smart Living Network reserves the right to change our URLs and to modify, restrict, block access or even discontinue any or all pages, without notice to you. Content contained within the Site may also be modified or removed at any time if we believe it to be obscene, lewd, lascivious, excessively violent, harassing and/or otherwise objectionable.

Smart Living Network Does Not Provide Medical Advice

The content - including visual, audio and written materials - made available on Smart Living Network is for informational purposes only. This information is NOT intended to take the place of advice from your doctor, a formal diagnosis or medical treatment. If you have questions about a medical condition or are considering an addition to your health regimen, we recommend you always check with your health care professional first. Never disregard your health care professional's advice or delay in seeking it based on the information you have found here.

Smart Living Network cannot and does not solely recommend or endorse any specific test, physicians, products, opinions or philosophies which may be mentioned in our content. The choice to rely on the information provided by Smart Living Network, Smart Living Network's employees, the Smart Living Network Health Coaches or other Smart Living Network members is done solely at your own risk.

If you think you may have a medical emergency please call 911 immediately!

Subject Matter

Smart Living Network offers information and opportunity for discussion on a wide range of health topics including some which may be unpleasant or offensive to some.

Minimum Age Requirement

Smart Living Network is not designed for use by children under the age of 13. Children 13 and under will not be permitted to create a user account and will not be allowed to use our services.

Passwords

Smart Living Network has several tools that allow users to record and store their information. You are responsible for taking all reasonable steps to ensure no unauthorized person(s) shall obtain access to your Smart Living Network passwords or accounts. It is your sole responsibility to:

  1. Control the distribution and use of activation codes and passwords;
  2. Authorize, monitor, and control access to your Smart Living Network account and password;
  3. Promptly inform Smart Living Network if you believe a breach of your account has occurred.

You hereby grant Smart Living Network and all other person(s) or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Smart Living Network cannot and does not assume any responsibility or liability for any information you submit, nor do we assume responsibility or liability of your use or a third parties' use of information transmitted or received using Smart Living Network tools and services.

Monitoring User Generated Content

Although we strive for high standards on the Site, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content. We reserve the right to modify or remove any User Generated Content at any time. Any opinions, statement, advice, services, offers or other user generated content expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of Smart Living Network. Smart Living Network does not endorse and is not responsible for the reliability or accuracy of any User Generated Content made on the Site.

SmartPoints

Earn SmartPoints for interacting on smartlivingnetwork.com, or purchasing products from the SMARket. To utilize SmartPoints, you must have an active account on smartlivingnetwork.com. Points are valid for no less than 12 months from the time they are earned, and follow an expiration cycle as follows:

Date Points EarnedExpiration
July 1, 2016 to June 30, 2017 July 1, 2018
July 1, 2017 to June 30, 2018 July 1, 2019
July 1, 2018 to June 30, 2019 July 1, 2020

Points are not redeemable for cash and cannot be transferred or shared with other Smart Living Network members. Smart Living Network reserves the right to:

  1. Update the value and/or conditions of activities on the Site that allow users to earn points;
  2. Revoke points after periods of inactivity lasting more than six months;
  3. Adjust user point values in cases where the point system has behaved in a faulty way, cases where a user may have abused the point system, or in any other situation deemed appropriate by Smart Living Network.

Our "Fresh Start" Promotion

From 5/14/2012 to 6/14/2012 (or while supplies last), Smart Living Network's "Fresh Start" promotion will allow members of Smart Living Network's Smart Living Network to receive select products for just 100 SmartPoints each plus the cost of shipping. Limit two products per month per household.

Products not included on our Fresh Start store page are not eligible for redemption with this offer, though SmartPoints may still be used towards discounts on them.

Our "Fresh Start" promotion is just one more way Smart Living Network is supporting your healthy lifestyle efforts!

User Disputes

Though there is no obligation for us to do so, Smart Living Network has the right to resolve disputes between users relating to services provided on the Site. Smart Living Network's resolution of one dispute does not create an obligation to resolve another. Smart Living Network's resolution will be done at our own discretion and is final in regards to our service.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

Liability

You use the Smart Living Network Site at your own risk.

When you use the Site, information is being transmitted over a medium which may have errors, delays, failures, interruptions, corruptions, viruses or other problems which are beyond the control of Smart Living Network. As such, Smart Living Network assumes no liability for such problems or any subsequent issues including loss of data or computer viruses they may cause. Our content is provided "as is". To the fullest extent permitted by law, Smart Living Network disclaims all warranties, both expressed and implied, statutory or otherwise, including but not limited to implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

Smart Living Network makes no representations of warranties regarding the accuracy, reliability, completeness or timeliness of our content, software, text, graphics, links, or communications provided on the Site. If your use of Smart Living Network's services results in the need to service or replace property, material, equipment or data, we are not responsible for the resulting costs or damages. Therefore, we urge all internet users to install anti-virus software and keep backup copies of their personal content.

Whether based on warranty, contract, tort, or any other legal theory, and whether or not Smart Living Network, its suppliers or any third parties affiliated with Smart Living Network are advised of the possibility of damages, in no event shall Smart Living Network or any third parties affiliated with Smart Living Network be liable for damages resulting from the use - or inability to use — Smart Living Network's network or content including, but not limited to incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption.

Use of Site Content

The content on Smart Living Network — both visual and written — is available for noncommercial use only. Use of content for commercial use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to revisions or termination without notice by our own editorial discretion. All rights not expressly granted herein are reserved by Smart Living Network.

Violations of the Terms of Use may result in the termination of your account and your permission to use content. Any copies, of any portion, of Smart Living Network's content used in this manor must be immediately destroyed.

User Submissions

To post User Generated Content, you must first complete the Site registration process to login. In doing so, you agree that you will review, maintain and correct such information in a timely manner to maintain its accuracy and completeness. You agree to protect your username and password and you authorize Smart Living Network to accept that any use of the Site through your account is from you or someone authorized to act for you. You agree to be liable for any User Generated Content posted using your account and for any transaction associated with your account. You agree we can rely on the contact and other information you supply to us using your account. You agree that you will not transfer or reassign your account to another party. You agree you will not share your password, unless you are a minor, in which case you will share your password with your parents or legal guardian.

While such submissions are appreciated, you are not under any obligation to submit ideas, suggestion, or proposals. If you choose to do so, you agree that such submissions:

  1. Do not include confidential or proprietary information;
  2. Are yours or that you have all necessary rights to submit them to us;
  3. Do not and will not infringe or violate any third party rights of any kind;
  4. May be used and disclosed in any way we choose to do so;
  5. Are not an obligation to pay or reimburse you.

You also acknowledge that we may have already created, or be in the process of creating, content that may be substantially similar to your ideas, suggestions, proposal or work samples and that elements of your ideas and work samples may not be subject to protection under copyright law.

By submitting or posting User Generated Content, including but not limited to comment, blogs, forums and uploading photos, you acknowledge that Smart Living Network does not have any "digital rights management" or other security technologies to restrict others from copying and redistributing it.

Non-Member Comments

As a non-member visitor, you may comment or stamp blogs. Before you do so however, you must respond fully to the network's prompt - enter your name and email address and demonstrate you agree to our TOS by checking the appropriate box. In doing so, you will be treated as a member from there on. An account will be created for you and a password will be sent to your account for future use.

User Submitted Content Rights and Restrictions

At Smart Living Network, users have the opportunity to interact with the Site and other users by posting comments, blogs and forums, uploading photos, sharing links and keeping a personal profile. You retain ownership of your copyrights, other intellectual property and proprietary rights you post, subject to the non-exclusive rights that you grant us described in these terms. These terms do not prevent you from granting similar rights to others. By submitting or posting such content, you agree that:

  1. You own, or have acquired the rights to this content and thus, content is subject to Smart Living Network's non-exclusive rights described herein;
  2. All license fees, clearance fees and other financial obligations — of any sort — arising from use or commercial exploitation of this content has and will be paid by you;
  3. While we are not obligated to, you agree we may display your content along with your user name or actual name (depending on your selected preferences);
  4. You are the person pictured, depicted and/or heard in your content. If you are NOT, you have obtained permission (and publicity rights, if applicable) from each person who appears and/or is heard in your content. For individuals under the age of 18, this includes parental or guardian consent. You may be required to make such permissions available at Smart Living Network's request;
  5. By submitting content, you hereby grant Smart Living Network a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform/ display and create derivative works of such content in any form, media or technology now known or later developed. Under the laws of jurisdiction, you also waive any moral right you may have and appoint Smart Living Network as your agent with full power to enter into and execute and document and/or act in accordance with what we deem appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms;
  6. Posting your content — for any period of time — is sufficient consideration for the license granted herein to Smart Living Network;
  7. Your content is not defamatory and does not infringe on any intellectual property rights, privacy rights, rights to publicity or any other legal or moral rights of any third parties;
  8. If you are a direct competitor or otherwise have a conflicting interest to Smart Living Network or another posting user on Smart Living Network, you will fully disclose this information;
  9. You will not post or submit any content which encourages or may be considered a criminal offense, tort or violation of any applicable law;
  10. Hateful, discriminatory, obscene, pornographic, sexually explicit or otherwise objectionable submissions or actions will NOT be tolerated on the Site;
  11. You will not upload any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit functionality of any computer software or the Site;
  12. You agree to defend, indemnify and hold Smart Living Network, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees resulting or alleged to result from your violation of Smart Living Network's terms of use.

Smart Living Network reserves the right, but is not obligated to do any of the following:

  1. Record dialogue in forums or public chat rooms;
  2. Investigate reports of abuse and determine in our sole discretion to remove or request removal of the communication(s);
  3. Remove communications that violate these terms of use;
  4. Terminate a user's access to any or all public area of the Site upon breach of these terms;
  5. Monitor, edit, or disclose any communication in the Public Areas.

Acting For A Business and Spam Protocol

Though we appreciate your feedback with us, links to your site are considered ads. These are not permitted and content containing them will be removed. Following content removal, you will be sent one warning email and will have 48 hours to respond. If you do not respond within 48 hours, any points you received for the spam content will be revoked. Further violations after the 48 hour period will result in the termination of your account.

Professional Accounts

HOWEVER, you may act as a representative of your company in one of our "Professional" accounts. These accounts allow businesses to connect with health-conscious men and women and to demonstrate their health knowledge and brand personality. These accounts will allow you to:

  1. Use your company's name as your account name.
  2. Use your company's logo as your profile picture.
  3. Write about your company inside your "About You" section.
  4. Connect with health-conscious men and women.
  5. Demonstrate your company's knowledge and expertise.
  6. Promote your company or brand in a dynamic, human way.

Professional accounts are limited to one per business. If you need help setting up a professional account, please contact us by email: service@smartlivingnetwork.com.

Removal or Modification of Content

You may choose to remove or modify your content on Smart Living Network if doing so would not interfere with other user's ability to enjoy the Site. For example — a request to remove your comments from a long string of posts may render the entire thread unintelligible — stopping other users from reading and enjoying the thread. In these situations, Smart Living Network may anonymize your content. However, if Smart Living Network has created or developed specific plans to create materials — electronic or otherwise using this content prior to removal or modification, you agree Smart Living Network may continue to use this content. In such a case, you may send Smart Living Network written notice to cease displaying such materials six months after removing or modifying the content in question, in which event we will use commercially reasonable efforts to cease displaying of the content within 30 days of notice receipt. Written notice should be sent to:
Smart Living Network - IONX HOLDINGS, Inc
Attn: Processing Center
4460 44th St. SE Suite C-600
Grand Rapids, MI 49512
or to service@smartlivingnetwork.com with the following information:

  1. Your name, address, telephone number and email address;
  2. The username for your account;
  3. Your electronic or physical signature;
  4. Identification of the specific content in question;
  5. The title and URL where it may be viewed;
  6. The approximate date of removal or modification of the content used in the Smart Living Network materials;
  7. A statement of how you would like Smart Living Network to cease use of such materials containing your content and;
  8. Your certification that you own or have exclusive rights to the content in question.

Prohibited Content

You agree not to post or submit to the Site any content or any other media whatsoever that are or could appear to be:

  1. Untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
  2. Infringing or alleged to be infringing upon a third party's rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement;
  3. Of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information, proprietary and/or confidential information;
  4. Unsolicited, undisclosed or unauthorized advertising for commercial purposes;
  5. Software viruses, any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. Data or information obtained through access that was not authorized by the owner of the data or information, or with respect to such posting which would constitute unauthorized use; or
  7. In violation of any applicable local, state, national or international law, regulation, or statute (including export laws).

Decisions regarding the appropriateness of User Generated Content and how to handle it are made at our discretion and are final. If you find materials on the Site which you believe violate these terms, please notify us using the "Report Abuse" button located on the page it occurs on, or by email at contact@smartlivingnetwork.com.

Prohibited Conduct

When you use the Site including user profile pages, forums, blogs, and health coaching center, you are solely responsible for your own communications, any consequences they may incur and your reliance on any communications you find. You agree not to do, or attempt to do, any of the following, subject to applicable law:

  1. Access or use Smart Living Network in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
  2. Access, tamper with, or use services or areas of the Site that you are not authorized to access;
  3. Alter information on or obtained from Smart Living Network;
  4. Tamper with postings, registration information, profiles, submissions or content of other users;
  5. Harvest or otherwise collect information about others, including email addresses
  6. Spam or post the same blog, comments or other content more than once
  7. Use any robot, spider, scraper or other automated means or interface not provided by us to access Smart Living Network or extract data or gather or use information, such as email addresses, available from Smart Living Network or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
  8. Frame any part of Smart Living Network, or link to Smart Living Network, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by Smart Living Network;
  9. Impersonate or misrepresent your affiliation with any person or entity;
  10. Reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of Smart Living Network (except as otherwise expressly permitted by law);
  11. Send to or otherwise impact Smart Living Network (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact Smart Living Network or any recipient; or
  12. Participate in or promote any action which might impose a significant burden (as determined by us) on Smart Living Network's infrastructure or computer systems, or otherwise interfere with the ordinary operation of Smart Living Network.

Decisions regarding the appropriateness of conduct and how to handle it are made at our discretion and are final. If you see conduct on the Site which you believe violate these terms, please notify us using the "Report Abuse" button located on the page occurs/occurred on, or by email at contact@smartlivingnetwork.com.

Termination or Cancellation

Smart Living Network may, at any time and without notice to you, decide to terminate your access to the Site and your account and/or block your access to the Site if you have violated these terms of service, if it is requested by law enforcement or other government agencies or your account has been inactive for extended period.

If your account or access to the Site is terminated for any reason, you will no longer have access to the User Generated Content you posted on the Site, but you will still be held liable for your User Generated Content posted previously on the Site. In such an event, Smart Living Network may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such User Generated Content in accordance with our terms of service.

If you choose to terminate your own account, your name and information will be removed from the Site, but your User Generated Content will remain under an anonymous account for which you will still be held liable for this content as specified in the Terms. If you choose to terminate your account, you will lose the right to edit or modify the content you created while your account was active.

Advertisements and Links

Smart Living Network contains advertisements, offers and links to other websites we do not control and their information may not be wholly accurate. Smart Living Network does not endorse any third party advertisements of websites on the Site and is not liable for either the availability or the accuracy of such sites, advertisements or the content, products or services available from them. The inclusion of a link on Smart Living Network does not signify our endorsement of it. You use links at your own risk. Transactions and dealing with third party merchants found on or through the Site, including payment and delivery of related goods and services, are solely between you and such merchant or advertiser.

Copyright Infringement

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials or access to them by contacting Smart Living Network and providing the following information:

  1. Identification of the copyrighted work you believe to be infringed. (Please describe the work and where possible, include a copy or the URL of an authorized version of the work.);
  2. Identification of the material you believe to be infringing and its location. Please describe the material, and provide us with its URL or location;
  3. Your name, address, telephone number and (if available) e-mail address;
  4. A statement that you believe in good faith that use of the materials is not authorized by the copyright owner, its agent, or the law;
  5. A statement certifying that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf;
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Send to:
Smart Living Network - IONX HOLDINGS, Inc
Attn: Processing Center
4460 44th St. SE Suite C-600
Grand Rapids, MI 49512
or to service@smartlivingnetwork.com.

Indemnification

You agree to defend, indemnify, and hold Smart Living Network, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Disputes

Any claim or controversy arising out of or related to these Terms of Service, the Site, or the services or products provided on or through the Site shall be settled by binding arbitration to be held in the USA, and these terms and conditions shall be governed by and construed in accordance with the laws of the State of Michigan, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the courts in the State of Michigan. This will include any connection with any such dispute including any claim involving Smart Living Network or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. For further information, please contact:

Smart Living Network - IONX HOLDINGS, Inc
4460 44th Street SE Suite C-600
Grand Rapids, MI 49512
616-808-3290

Entire Agreement

These Terms (which includes the Privacy Guideline and any other rules posted on the Site) constitute the entire agreement between you and us regarding the use of the Site and its Contents. Our failure to exercise or enforce any rights or provisions of these Terms shall not operate as a waiver of such rights or provisions.

Revised 07-30-2013

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