Terms and Conditions

1. Registration Process:

You may begin the process of becoming a subscriber to SmartHealth Savings by accurately filling out our registration form online or by registering by mail or phone. You agree to provide accurate and current personal information on your subscription application and to notify us if that information changes. It is your responsibility to make sure we always have your current e-mail address. If we do not, we may not be able to pass important information on to you and you will not be able to take advantage of many of the savings and other benefits offered to subscribers. We will also keep you advised of new SmartHealth Savings functionality and features, or your subscription status, via e-mail from time to time, if we have your e-mail address.

2. Subscription Services:

SmartHealth Savings may change the specific services offered to subscribers, from time to time, and has the right to do so without advance notice to subscribers.

3. Payment Information:

Subscription fees: You agree to pay the subscription fees and any other charges incurred in connection with your subscriber name and ID/password (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges to your designated payment mechanism, which you provided at the point of sign up. Such mechanism may include credit card account, debit card account, or your landline phone account and is subject to the terms and conditions below.

Billing: For new subscribers, after the trial period, subscription fees ($19.95/month) will be billed on a monthly basis for the following term's services. Pricing may vary slightly for subscribersthat have signed up in the past.

Automatic Renewal Plan: As a convenience to our subscribers, and to avoid any interruption in benefits, SmartHealth Savings has implemented an automatic renewal plan. Your subscription will renew automatically on a monthly basis at the then current renewal rate unless we have terminated your subscription or you have notified us by telephone or by e-mail of your decision to terminate your subscription. Your renewal payment will be charged to the payment mechanism your prior subscription fee was billed to, or to the payment mechanism currently on file. Purchasing and Billing with SmartHealth Savings Partners: If you register to receive products or services or purchase from any of our merchant partners, you become their customer and subject to their terms and conditions. Our partners may send you communications based on this relationship with you. For more information, refer to the terms and conditions and privacy policies provided by these partners.

Debit and Bank Card Users: If you use a debit or bank card to sign up for this program, your bank may hold the funds for your first subscription month immediately upon your sign-up. Even though you will not be charged until after your trial period, your bank’s policy may result in overdraft fees or charges related to your account balance. SmartHealth Savings is not responsible for any fee or charge that may be assessed to you by your bank.

Cancellation Policy: Once your SmartHealth Magazine subscription and benefit services have begun, you may cancel at any time by phoning 1-800-761-5857; writing to: 712 5th Ave, 14th Floor, New York, NY 10019; or via email to info@smarthealthdigital.com; or by clicking on a customer service link, and no further charges will accrue from the date you cancel. If you cancel during your trial period, you may request a refund of your $1.95 charge. If you cancel during your first full month, or any time after that, you have the option to request a refund of the monthly fee paid for that month. If you do, we will immediately stop sending SmartHealth Magazine and you will no longer have access to the program benefits. Otherwise, you will be entitled to use any benefits for the remainder of the month, you will receive any remaining issues of SmartHealth Magazine published in that month, and owe nothing further. In either case, you will receive no further charges. SmartHealth reserves the right to cancel your membership at any time, in its sole discretion.

Promotional Offers: From time to time, SmartHealth Savingsmay offer promotional incentives. Only those subscribers that maintain subscription in SmartHealth Savings after their trial period are eligible to receive these promotional incentives. When you remain a subscriber after the trial period, we will confirm your mailing address and subsequently fulfill the promotion.

4. Privacy:

Please review the Site’s Privacy Policy (http://www.SmartHealthdigital.com/privacy) which forms a part of this Agreement. The Privacy Policy describes the collection, use, and protection of information about you on the Site and other Services.

5. Subscriber and User Conduct:

We reserve the right to cancel the subscription of any objectionable subscriber, at our discretion, without notice.

As a subscriber, you agree to:

• Take responsibility for all acts that occur with or in relation to your Subscriber ID and password.
• Maintain the confidentiality of your Subscriber ID and password.
• Provide only accurate personal information about yourself or your family subscribers.
• Provide accurate information when registering with us.
• Comply with all intellectual property and other proprietary rights laws, including but not limited to US Federal copyright and trademark laws, in the use of the program.
• Follow all local, state, national and international laws and regulations.

You also agree NOT to:

• Use incognito, fake or fraudulent names when registering or communicating with us.
• Use your access to SmartHealth Savings for any commercial purpose or sell subscriptions without permission from SmartHealth Savings.
• Allow any other person or entity to use your ID/password, nor may you transfer it to any other person or entity. All users accessing the Site including subscribers agree to:
• Republish information found in the Site without first obtaining written permission from SmartHealth Savings.
• Use our Site or your subscription for any illegal or fraudulent purpose. Use your Subscription or the Site to infringe, misappropriate, or violate tour rights or the rights of any third party.

6. Subscriber Warranties and Indemnification of SmartHealth Savings:

You warrant and represent that:

A. You shall abide by all the terms and conditions of this agreement;

B. You are at least 18 years of age and may use the subscriber site to create binding legal obligations for any liability you may incur as a result of the use of this Site;

C. You will not take any action that would derogate SmartHealth Savings or its licensors' rights in and to their intellectual property or content; and

D. You will not interfere in the business of SmartHealth Savings by attempting to divert traffic from the Site. You shall indemnify and hold harmless, and at SmartHealth Savings’s request defend, SmartHealth Savings, its directors, officers, shareholders, employees, agents, affiliates and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, and allocation for in-house counsel, and other legal costs) arising out of any claim of any third party resulting from any breach of your representations, warranties or covenants set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

7. Other Important Rules:

SmartHealth Savings reserves the right to modify, suspend or terminate access to the subscriber web Site at any time without notice or refund if you are suspected of violating the Terms of Use. We also reserve the right, if needed, to change your Subscriber ID and password and will notify you of such changes.

Consequences for abusive conduct: In the event you violate this agreement, SmartHealth Savings has the right to terminate your subscription without refunding your subscriber fees. In the event of a serious violation (as solely determined by SmartHealth Savings) SmartHealth Savings may also file suit against you for business interference or other appropriate legal actions and we will seek compensation from you for potential damage to our reputation caused by your actions.

8. Content Rights:

This Site (www.SmartHealthdigital.com), and all of the content of the Site (including the look and feel, organization, and compilation) (collectively, "Content") is protected by intellectual property, trademark and other laws throughout the world, and is the copyrighted property of SmartHealth Savings and/or its various third party licensors.

You may use that Content only for your personal, non-commercial purposes. None of the content found on this Site may be copied, reproduced, republished, distributed, sold, licensed, transferred, or modified without the express written permission of SmartHealth Savings.

Your right to use any Content does not permit you to authorize another person to use that Content in any way.

Except as necessary to use our Site as permitted under this Agreement, you may not copy, reproduce, modify, create derivative works from, publicly display, publicly perform, distribute, retransmit, publish, broadcast, sell, or store any Content (or any portion of it) without our express prior permission in each case. You may not remove, alter, hide, or otherwise render unreadable any notice, legend, watermark, or other designation relating to ownership of Content that appears on or with any Content.

You may not use any automated device, computer program, tool, algorithm, process, or methodology (or any manual process of a similar character) to access, acquire, copy, or monitor any Content, or to engage in the mining or other systematic collection of information in our Content. You may not use our Site in any manner that could (in our sole judgment) damage, disable, overburden, impair or interfere with any of our servers or the network(s), or interfere with any other party’s use and enjoyment of our web Site.

You may not frame or display any Content or other feature of our Site on another site or service. You may not use metatags or any other “hidden text” that incorporates any of our marks without its owner’s prior written consent.

Unauthorized use of the Site is a violation of SmartHealth Savings and its licensors' rights.

In addition, the trademarks, logos and service marks displayed on this site are the property of SmartHealth Savings, its affiliates, and various third parties. The Site and the software incorporated in the Site may not be reverse engineered, decompiled or disassembled.

9. Disclaimer of Warranties:

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE.” NEITHER SMARTHEALTH SAVINGS NOR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, “THE SH PARTIES”) WARRANTS THAT ANY SERVICE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

ALTHOUGH SMARTHEALTH SAVINGSINTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE, IT DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES OR CONTENT ARE FREE FROM SUCH DESTRUCTIVE FEATURES. SMARTHEALTH SAVINGSIS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURE TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE SH PARTIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED) OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION RELATED TO THE SITE AND ITS CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR IN THE COURSE OF DEALING OR USAGE IN TRADE.

THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE SITE AND CONTENT. THE SH PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT (OR ANY MATERIAL ACCESSED VIA LINKS TO OTHER WEB SITES OR SERVICES). SMARTHEALTH SAVINGSRESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. IF YOU RELY ON THE SITE OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK. . YOU ASSUME THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE DUE TO THE USE OF THE SITE.

10. Limitations of Liability and Remedies:

YOUR USE OF THE SITE AND THE SUBSCRIPTION PROGRAM IS ENTIRELY AT YOUR SOLE RISK. THE SH PARTIES SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OR NONPERFORMANCE OF THE SITE OR SUBSCRIPTION PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR IF THE DAMAGES OR LOSS COULD HAVE BEEN FORESEEN.

SmartHealth Savings is not responsible for, and shall have no liability with respect to, the content of third party Web sites that are linked to or from the Site. If SmartHealth Savings ceases operations, you agree that SmartHealth Savings and its marketing partners, credit card processors, and credit card associations (Visa, MasterCard, American Express and Discover) shall have no liability, financial or otherwise associated with subscription cessation. Your sole and exclusive remedy for any breach of this agreement (other than SmartHealth Savings ceasing operations, as to which the preceding sentence shall apply) shall be a refund of the fees paid for the term of subscription not yet provided.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY COMPETENT AUTHORITY HOLDS ANY LIMITATION OF THE SH PARTIES’ LIABILITY TO BE UNENFORCEABLE, THEN THAT LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY THE APPLICABLE LAW.

11. Links to Other Sites:

The subscriber Site may contain links to other sites. SmartHealth Savings does not endorse any other site and is not liable for any loss or damages related to the content, products or services available through those sites. If you have any problems or concerns regarding other sites, please contact their site administrator or Webmaster directly.

12. Changes to Site and Subscription Agreement and Terms and Conditions:

SmartHealth Savings reserves the right to discontinue, delete and change the Content or purposes of the Site from time to time. SmartHealth Savings also reserves the right to change the Subscription Agreement and Terms of Use.

13. Choice of Law and Venue:

This Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of New York, United States of America, applicable to contracts negotiated and fully performed within that State, and the parties agree to submit to the exclusive jurisdiction of the courts of the State of New York in any action brought to enforce or arising out of this Agreement. Notwithstanding the foregoing, SmartHealth Savings shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in SmartHealth Savings’s sole discretion.

14. Miscellaneous Terms:

No Partnership/Assignment. Our relationship is not one of agency or partnership and you will not be deemed to be a partner, employee, fiduciary, agent or representative of SmartHealth Savings by your use of the Site or the subscription program. You may not assign, sublicense or transfer any right that you may have under this Agreement, including without limitation your subscription rights to any third party and any assignment or sublicense is null and void.

Severability. These terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

No Waiver. Failure to enforce a term of this agreement shall not be deemed a subsequent waiver of that term or other terms.

Termination of Subscription Permitted. The subscription granted in this agreement shall terminate automatically without notice from SmartHealth Savings if you fail to comply with any provision of this agreement. SmartHealth Savings may terminate a subscription at its sole discretion.

Headings of No Effect. The headings in this agreement are used for convenience only and not for interpretation.

Entire Agreement. This agreement is the entire understanding between us regarding your access to, and use of the Site, subscription program, and its content, and supersedes any prior agreements, statements or representations with respect to the same.

We make no representation or warranty that any Service or Content is appropriate or available for use in locations outside the United States. If you choose to access or use any Service from other locations, you do so at your own risk and are responsible for compliance with all applicable laws.

We sincerely hope you enjoy your use of the Site and the SmartHealth Savings program. Please understand that these rules help protect the integrity of the program for all of our subscribers.