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Terms of service

Smoky Mountain Ventures, LLC Website Terms of Use

Last Updated: March 16, 2026

  1. These Terms of Use (“Terms”) govern your use of www.smnutrition.com(the “Site”), which is operated by Smoky Mountain Ventures, LLC (“SMNutrition”). SMNutrition is a wholly owned subsidiary of Growve Group, LLC d/b/a Growve.

In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

By visiting or otherwise using the Site, you acknowledge and accept these Terms, including the binding arbitration terms in Section 5, and any applicable Additional Terms.

These Terms of Use set forth a legally binding agreement between you and SMNutrition and govern your use of the Site; these Terms limit SMNutrition’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration.Please note that these Terms do not affect your mandatory statutory rights under applicable laws, to the extent that such rights apply to you and cannot be limited or excluded. If you do not agree to these Terms and any Additional Terms, do not use the Site.

These Terms are subject to change without notice, in our sole discretion. Changes to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Site after the “Last Updated” date constitutes your acceptance of and agreement to such changes.

1. OWNERSHIP AND USE OF THE SITE AND MATERIALS

Intellectual Property.The Site, including: (a) all materials and other items relating to SMNutrition , including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Site; and (b) all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (together the “Materials”), are owned and controlled by SMNutrition , our licensors or certain other parties. All rights, title, and interest in and to the Materials available via the Site are the property of SMNutrition or our licensors or certain other parties, and are protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property rights and laws to the fullest extent possible.

Limited License. Persons under the age of 18 are not permitted to use the Site. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and the Materials. Subject to your strict compliance with these Terms, SMNutrition grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to download, display, view, and use the Site or Materials on a personal device and retain one copy of the Materials as displayed to you for your personal, non-commercial use only. Any use of all or any part of our Service or the contents on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, or other laws, and any such use may result in your personal liability, including potential criminal liability.

Site Availability. SMNutrition in its sole discretion and without advance notice or liability, may immediately suspend or terminate the availability of the Site and/or Materials, in whole or in part, for any reason.We do not warrant that content on the Site is complete, accurate, reliable, current, or error-free. We make no warranties as to the availability or accessibility of the Site, and (except as otherwise set out in these Terms) we will not be liable for any damages, loss, costs, or expenses incurred by you as a result of any lack of availability or accessibility of the Site.

Reservation of Rights. All rights not expressly granted to you are reserved by SMNutrition and its licensors and other parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site and Materials for any purpose is prohibited.

2. OTHER ONLINE SERVICES

We are not responsible for other online services or their content or advertisement(s) (“Other Online Services”). For instance, portions of the Site may be integrated into or linked to other websites, platforms, or apps that we do not control. Similarly, we may make ads and non-SMNutrition content or services available to you on or via the Site. Please note that Other Online Services have their own privacy policies and terms of use and SMNutrition is not responsible for these policies or terms.

3. BUSINESS TRANSACTIONS

We reserve the right to sell or transfer any information we obtain through the Site in connection with any joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).

4. RESTRICTIONS AND PROHIBITED USES

You agree that you will not:

  • Use the Site for any commercial or political purpose, without the permission of SMNutrition .
  • Purchase products from this website for resale. You understand that all products purchased from this website are for your personal use only. You are prohibited from reselling products without the express written permission of SMNutrition .
  • Engage in any activities through or in connection with the Site that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane or abusive; violate any right of any other party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to SMNutrition .
  • Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Site.
  • Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, SMNutrition , or other users of the Site.
  • Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Materials.
  • Harvest, scrape, or otherwise collect or store any information, including personal information, from the Site.
  • Attempt to gain unauthorized access to the Site or other computer systems or networks connected to the Site; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization.
  • Use the Site to transmit information that is in any way false, fraudulent, or misleading.
  • Monitor, gather, copy, or distribute the Materials (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
  • Remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in the Materials.
  • Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any other party or on any Other Online Service, or otherwise use or exploit the Materials in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of SMNutrition .
  • Insert any code or product to manipulate the Materials in any way that adversely affects the Site or attempt to interfere with service to any user, host, or network.
  • Otherwise violate these Terms.

5. arbitration AND DISPUTE Resolution Agreement

PLEASE READ THIS DISPUTE RESOLUTION – ARBITRATION AGREEMENT SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    1. Binding Arbitration Agreement and Jury Waiver.YOU AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, ALL DISPUTES OR CLAIMS BETWEEN YOU AND SMNutrition OR ITS AGENTS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SMNutrition , INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY SMNutrition OR YOUR PURCHASE OF ANY SUCH PRODUCT(S) (“DISPUTE(S)”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE FEDERAL ARBITRATION ACT APPLIES TO THIS ARBITRATION AGREEMENT.
    2. Class Action Waiver. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, YOU AND SMNutrition AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND THAT EACH IS GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION AND THAT YOU AND WE EACH WAIVE THE RIGHT TO HAVE ANY DISPUTE(S) BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS ARBIRATION, CLASS ACTION, MASS ACTION, OR COLLECTIVE ACTION. This subsection may be referred to herein as the “Class Action Waiver.”
    3. Nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against SMNutrition for you.
    4. Small Claims Court; Infringement. You or SMNutrition may assert claims, if they qualify, in small claims court in Pinellas, Florida or in small claims court in any United States county where you live or work. Furthermore, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
    5. Informal Dispute Resolution.If either you or we intend to arbitrate any Dispute(s), the party seeking arbitration must first notify the other party of the Dispute(s) in writing at least 60 days in advance of initiating the arbitration. Notice to SMNutrition must be sent by first-class mail, FedEx, or UPS to: 239 2nd Avenue South, Suite 200 St. Petersburg, FL 33701, Attention: General Counsel
    6. Notice to you will be to your email address(es) and street address(es), if any, that we have in our records at the time the notice is sent. A notice is only valid if it pertains to, and is on behalf of, a single individual. A notice provided or brought on behalf of multiple individuals is invalid as to all. The notice must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the notice certifies the following: (i) the notice is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the notice are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any Dispute(s) stated in the notice that are subject to arbitration pursuant to this Section 5 After receipt of the notice, you and SMNutrition agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute(s). If you are represented by counsel, your counsel may participate in the conference, but you shall also personally attend the conference, unless SMNutrition states in writing that you are not required to personally attend. If you and SMNutrition are unable to resolve the Dispute(s) within 60 days, either party may then proceed to file a claim for arbitration in accordance with the Dispute Resolution provisions below.

The aforementioned Informal Dispute Resolution process, including the written description and your personal participation in the meet and confer, is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. You and SMNutrition agree that any relevant limitation periods and filing fees or other deadlines will be tolled while the parties engage in this Informal Dispute Resolution process. You further agree that whether a complaining party has satisfied these Informal Dispute Resolution procedures, including whether the written description contained all required information, is an issue that can be decided by a court as a prerequisite for arbitration.

    1. Dispute Resolution.
  1. The Federal Arbitration Act applies to these Terms. A party seeking arbitration of any dispute or claim subject to this Section 5 shall submit a demand for arbitration to the American Arbitration Association (“AAA”). The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms and excluding any rules or procedures governing or permitting class or representative actions. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.
  2. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of SMNutrition shall attend all arbitrator calls, conferences, and hearings.
  3. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.
  4. The arbitrator will follow these Terms and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
  5. If the amount in controversy does not exceed $10,000 and neither party seeks injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and SMNutrition submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing.
  6. You or SMNutrition may file such dispositive motions with the arbitrator as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
  7. Process for Arbitration of Bellweather Demands.If more than twenty-five (25) demands for arbitration of a dispute or claim are initiated (i) that involve questions of law or fact common with your Dispute(s) and (ii) where the initiating parties are represented by the same law firm(s) or organization(s) or the demands are presented by or with the assistance or coordination of the same law firm(s) or organization(s), then such demands, including yours, shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned to a different arbitrator chosen from its national roster. While the Bellwether Demands are adjudicated, no other demand for arbitration that is subject to this section may be filed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Demand(s) with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance.

You agree to cooperate in good faith with SMNutrition and AAA to implement the Bellwether Demands approach, including the payment of combined reduced fees, set by AAA in its discretion. Any party may request that AAA appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as whether the Bellwether Demands process is applicable or enforceable. In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s costs shall be paid by SMNutrition , unless the Administrative Arbitrator determines that the party seeking a decision by the Administrative Arbitrator did so by raising issues that were frivolous, asserted in bad faith, or pursued for purposes of harassment, in which case the losing party shall pay all costs associated with the Administrative Arbitrator’s decision.

The results of the Bellwether Demands will be given to a mediator from AAA selected from an initially proposed group of 5 mediators, with SMNutrition and the non-Bellwether Demands claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands. After the results are provided to the mediator, SMNutrition , the mediator and the remaining claimants will have 60 days (the “Mediation Period”) to agree on a resolution.

If the Mediation Period expires without a resolution or other agreement to the substantive methodology for resolving the outstanding demands (or if the Bellweather Demands process is determined by the arbitrator or court of competent jurisdiction to be void or unenforceable), either SMNutrition or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period (or within 60 days of a determination the Bellweather Demands process is void or unenforceable). If neither SMNutrition nor the remaining claimants opt out, the arbitrations may proceed as individual arbitrations.

  1. No arbitration award or decision shall have any preclusive effect in other arbitrations or other litigation, except to preclude the same or similar claims from being re-litigated between the same parties.
  2. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay the portion of any AAA filing fees, administrative fees, and arbitrator fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive compared to the costs of litigation, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith or for purposes of harassment, in which case such filing fees, administrative fees, and arbitrator fees may be imposed upon you consistent with the applicable AAA rules. Unless otherwise expressly stated in this Section 17 or otherwise provided by the arbitration rules and/or applicable law, each party is responsible for its own attorney’s fees.
  3. Severability. If any part of this Section 5 is found by a court of competent jurisdiction to be unenforceable or invalid, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s), unless this Section 5 otherwise expressly permits the Dispute(s) to be brought in court. However, if for any reason (i) any Dispute(s) subject to Section 5 of these Terms are filed or submitted as a class arbitration, class action, collective action, or representative action and (ii) if the Class Action Waiver is held invalid or unenforceable as to such Dispute(s) or portion thereof, then the agreement to arbitrate contained in Section 5 of these Terms does not apply to the Dispute(s) or portion thereof and such Dispute(s) or portion thereof must be brought in a federal or state court located in, respectively, Pinellas, Florida, or the federal district in which that county falls, but the remainder of the agreement to arbitrate will be binding and enforceable.
  4. 30-Day Right to Opt Out. You have the right to opt out and not be bound by Section 5 of these Terms by sending written notice of your decision to opt out to 239 2nd Avenue South, Suite 200, St. Petersburg, FL 33701 with the subject line, “ARBITRATION OPT-OUT” from the email address associated with your individual SMNutrition account. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. The notice must be sent on an individual basis within thirty (30) days of (a) October 1, 2025; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with Section 5 of these Terms. If you opt out, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out, SMNutrition also will not be bound by Section 5 of these Terms.


6. Disclaimer of Representations and Warranties

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, SMNutrition and its direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “SMNutrition Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Site, Materials, or other SMNutrition products or services, except as set forth herein.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE SMNutrition PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF OTHER PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

7. Limitations of Our Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE SMNutrition PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind (including availability of the Site and its contents, such as content removed from the Site by SMNutrition for any reason), including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Site, Materials, or other SMNutrition products or services, except, to the extent not waivable or under applicable law.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the SMNutrition parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SMNutrition PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SMNutrition IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

8. GENERAL PROVISIONS

Severability. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question, if applicable) shall be unaffected.

    1. Entire Agreement. Except for any Additional Terms that apply to your use of the Site as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Site, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
    2. Assignment. These Terms and all of your rights and obligations under the Terms are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under them.

Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of the Site and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms or any Additional Terms that may be provided to you or agreed upon between you and us.

We also reserve the exclusive right to modify, withdraw, suspend, or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension, or discontinuance of the Site or any part thereof. We also reserve the right to charge for use of the Site, in whole or in part, and to change our fees from time to time in our discretion.

Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by SMNutrition ), indemnify, and hold the SMNutrition Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any SMNutrition Party, or on account of the investigation, defence, or settlement thereof, arising out of or in connection with: (i) your use of the Site and your activities in connection with the Site; (ii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (iv) the SMNutrition Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the SMNutrition Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the SMNutrition Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The SMNutrition Parties reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a SMNutrition Party. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

    1. Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors, and other SMNutrition Parties are intended beneficiaries of these Terms.
    2. No Waiver. Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.

Investigations; Cooperation with Law Enforcement.SMNutrition reserves the right to investigate and prosecute any suspected or actual violations of these Terms. SMNutrition may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Electronic Contracting.You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site constitutes agreement to these Terms, and any applicable Additional Terms, then posted without further action by you.

    1. Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms or any applicable laws or regulations because of any event beyond our reasonable control.

12. CONTACT INFORMATION

If you have any questions or concerns regarding Company’s data practices or about this Privacy Policy, please contact us by email at customerservice@growve.comor at 239 2nd Ave S Ste 200St Petersburg, FL 33701 Attn: Customer Service Manager

13. CUSTOMER RATINGS AND REVIEWS

By submitting any rating or review to SMNutrition, you guarantee that:

  • You are the sole author and owner of the intellectual property rights in the content;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate and true;
  • You are at least 18 years old;
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity;
  • You have used or purchased the product/service you are reviewing and the content presented is setting out your first-hand experience of using or purchasing the product.

You further agree that you may not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any unapproved third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold SMNutrition (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant SMNutrition a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at SMNutrition 's sole discretion. SMNutrition reserves the right to change, condense, withhold publication, remove or delete any content on SMNutrition 's website that SMNutrition deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. SMNutrition does not guarantee that you will have any recourse through SMNutrition to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, SMNutrition reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not SMNutrition, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SMNutrition, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees

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