Terms and Conditions of Service
troutandsteelhead.net is owned and operated by Smartways Market LLC which will be referred to as troutandsteelhead.net from here on forward.
Using troutandsteelhead.net Content
We and/or our content providers and affiliates own all of the content on our website, social media platforms, and on all our publications (collectively known as “our Services”). All and any information provided by troutandsteelhead.net including the manner in which we have compiled, arranged, and assembled our content is protected by United States and international copyright laws, other laws and treaty provisions.
troutandsteelhead.net is not intended for children or anyone under 18 years of age and you should not use this website or any content if you are under 18. You hereby represent and warrant that you are at least 18 years of age. If you are not 18 years of age or older you must leave this website now.
Content Appearing on “our Services”
“Content” means anything you can see within any page of this website including headers, footers, and any code as well as information, images, charts, text, graphics, or other materials uploaded, downloaded, or appearing on this website including but not limited to the opinions and evaluations, any presentations, videos, rankings, ratings, reviews, other information, advertisements, interactive discussions, comments, photos, emojis, graphics, music, sound, whether such Content is owned by troutandsteelhead.net or third parties.
Some content on this website may come from third party services including Amazon Services LLC and is provided “As Is” and may be removed, change or updated at anytime.
You should leave immediately after reading this agreement if you do not agree with anything within this terms and conditions of service agreement.
troutandsteelhead.net respects the intellectual property rights of others and we expect users of our Services to do the same. We do respond to notices of any alleged copyright infringements that do not meet our requirements below.
You may use the content on our Services only for your own personal, non-commercial information purposes. Any form of copying, modification, publishing, distribution, broadcasting or transmission requires written consent from troutandsteelhead.net otherwise it is strictly prohibited and may involve legal action.
troutandsteelhead.net has full intellectual property rights of the materials and content that you may want to copy, download or print from us. Images on our website and publications and emails may have copyrights from photographers or other business that have granted troutandsteelhead.net permission to use and therefore you can not copy, reuse and or distribute these in any way unless written consent is provided.
We grant you permission to use, copy, print or download any content or information exclusively owned by us ( which primarily includes texts and charts)for the sole purpose of personal and non-commercial use only, or for sharing via email, or texts, messaging services to friends and family members only, or on your social media platforms providing you provide an active link back to troutandsteelhead.net at all times or provide a link to one of our social media platforms. You cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner for commercial use without a link back to troutandsteelhead.net. You can not delete or change any copyright or trademark notices in any way. (Note full rights to most images on our website belong to the photographers or the websites that we legally acquired the images from and use of these may result and copyright infringements and legal issues.)
The troutandsteelhead.net name and associated marks, including everything on our websites including the code for the websites are protected intellectual property of troutandsteelhead.net and must not be used in connection with any third party products or services. All other brands and names are the property of their owners.
ACCURACY OF INFORMATION
The troutandsteelhead.net staff works hard to ensure that all information that we post on our website is accurate and true at the time of publication however we do not guaranty the accuracy of any content or provided information for various reasons. Much of the information we provide is sourced from the internet, books, websites, health professions, and the data and sources may update, remove or change their information at any time. This may mean that some of our information may not match the current information or may be obsolete and or products, services and information may have been deleted and may no longer exist, and it is your responsibility to check the manufactures/brands current products, other product or service information, their websites and their marketing literature, current studies, and other sources before you make any decisions regarding any product or service or information you wish to use, and you are not to rely solely on the information provided on our websites, through our emails, our marketing literature, or our social media platforms.
troutandsteelhead.net may at times discuss, recommend and compare products and services and we strive to ensure all information regarding these and all products and services is accurate at the time of publication /posting. But products and services and information may change or be discontinued, prices may change, labels may change and marketing for these products or services may change at any time and in any way, including new information from studies related to these products and services. This may mean that some of our content at the time of publication many now not match the updated and current information, or labels or formulas and/or be now obsolete and or products or services and information may have been deleted and may no longer exist, and it is your responsibility to check the manufactures/brands current products, services, their websites and marketing literature including and new studies and information before you make any decisions on that product or service and you are not to rely solely on the information provided on our websites, emails, marketing literature, or social media platforms.
We are not responsible for lies, inaccuracies and misleading information provided to us from our sources or from the products or services, or from the companies that we mention on our Services.
Should you find that there is a discrepancy or an inaccuracy in the content that we provide please notify us through email at troutandsteelhead @ gmail.com
Changes To Our Terms and Conditions
Smartways Health reserves the right to change our Terms and Conditions at any time and without notice or liability to its visitors.
All returning visitors are bound by modifications to our updated and current Terms and Conditions so we recommend that visitors periodically review this page for any revisions.
The information and content provided by troutandsteelhead.net is for the purpose of providing our readers with insights, or ideas, or opinions, or for entertainment or for generalized information and for educational purposes to broaden their knowledge and is not intended or to be used as a substitute for professional advice or to treat, diagnose, or cure any health issues or is it to suggest or to replace any medications, treatments, diagnoses or advice provided by a physician.
We recommend that you seek professional medical advise before taking any supplement, medication, using any service, diet changes or implementing any new exercise program.
The content provided by our Services is a service to you and visitors using troutandsteelhead.net and our Services and content is solely to be used at your own risk. Results from any content or product or service on our websites may vary from one individual to the next. Should you try or use a product or service or third-party website or their service or product, or see information on our Services you do so at your own risk and you do so using the guidelines set forth by the company of the product, service, or website. All content, charts, and information is provided on an “as is” basis and although we strive to maintain accuracy and information that is as up to date as possible none of the content is meant to be used as facts since new and more current information may materialize at any time which is beyond our control. We make no claims, promises, or guarantees about the accuracy or completeness of the information provided by troutandsteelhead.net. While we try to provide accurate information from our Services, all information, charts and all content provided by troutandsteelhead.net and affiliates and third parties may be updated, deleted, altered, revised or modified at any time without notice. troutandsteelhead.net disclaims any responsibility associated with the general information it provides on any of its pages or from affiliates pages, third parties, or any websites that were from links provided by troutandsteelhead.net.
We do not endorse and/or are not responsible for any third-party claims, their services, and changes, deletions or update or for their policies and agreements. We do not endorse or are responsible for or any claims, or actions made by the products or companies that own the products.
troutandsteelhead.net provides information and content for entertainment and is not responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the site.
Content provided by our Services may not contain all the information that is applicable to your personal circumstances and you are responsible to seek out that information on you r own and or to seek professional advice from a medical professional or other related professional.
troutandsteelhead.net is only an informational service and is not a manufacturer or seller or retailer of any products or services described on this website.
troutandsteelhead.net only shows you which products and services we would use and which ones we trust, but we do not endorse any product, service, seller, or provider described or mentioned anywhere on the website including advertisements, advertorials, blogs, post and all pages.
Although troutandsteelhead.net and our Services strives for accuracy and is extremely cautious of who we partner and affiliate with we can not guaranty or warrant that product descriptions, services, ads, or other content of the site is accurate, current, complete, reliable, or error-free.
By using our Services, you agree that you are to use them as intended and you acknowledge that such use is at your sole risk, and that you fully understand and acknowledge that the content is provided on an “as is” and “as available” basis and understand, acknowledge and agree that the content is not promised or guaranteed to be correct or complete or up-to-date.
You accept full responsibility for any and all outcomes of your actions pertaining to the use of the content, products, and the services on this website and from our Services and for all incurred damages and costs associated with such actions including all necessary servicing or repairs of any equipment you use in connection with our Services.
In consideration for your access to our Services and the use of any and all the content within, you are agreeing that troutandsteelhead.net is not liable to you in any manner whatsoever for the decisions that you may make or on your actions or non-actions in reliance upon the content.
If you are not satisfied with our Services, our policies including these Terms of Service, our affiliates, third parties, our ads, or any content found on our websites, marketing literature, or emails, your only remedy is to immediately discontinue using our Services.
troutandsteelhead.net may be an affiliate for many companies, brands and services and is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com, amazon.ca, or amazon.co.uk. – See our Affiliate Disclaimer for more information
Our Services may contain links to third-party websites or resources and affiliates. You acknowledge and agree that we are not responsible or liable for the availability of products or services or policies or content, or accuracy of such websites or resources available from such websites or resources. Links to all websites or resources do not imply any endorsement by troutandsteelhead.net of such websites or resources or their content, policies, services, products, available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You are aware that we may make money or commissions from some links – See our Affiliate Disclaimer for more information
troutandsteelhead.net, their affiliates, partners, agents, employees, licensors and third party content providers warrant that content on our Services may or may not be misinterpreted, uninterrupted and error free nor do they make any warranty as to the results obtained from the use of any content, links, products or services nor do they warrant the accuracy or reliability of content, products or services from troutandsteelhead.net.
Choice of law
All legal issues arising from or related to the use of troutandsteelhead.net shall be assessed under the laws of the State of Delaware, United States of America irrespective of any conflict of law principles.
If a court with jurisdiction finds any of these Terms and Conditions invalid, that provision will be severed but will not affect the validity of the remaining provisions of these Terms and Conditions.
Limitation Period for Claims.
You agree that regardless of any statute or law to the contrary, that any claim or cause of action arising due to related use of our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
AGREEMENT TO ARBITRATE
As part of our Terms and Conditions should you use our services you agree that You and Smartways Market LLC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
You and troutandsteelhead.net and parent company Smartways Market LLC both believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements between you and Smartways Market LLC.
Therefore, pursuant to this Agreement, should you have any dispute or disagreement with us regarding any content or relationships with troutandsteelhead.net, you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court. By using or interacting with the troutandsteelhead.net Website, our Services, or engaging in any other relationships with us or anything related to this agreement, you agree to binding arbitration as provided below.
Any and all claims or controversy that may arise out of or relating to these Terms and Conditions of Service and or through the use of our Services or its breach, with the exception of injunctive relief sought by Smartways Market LLC for any violation of Smartways Market LLC’s proprietary rights, shall be settled by arbitration in accordance with the current rules of the American Arbitration Association.
Before entering into arbitration, all parties shall each appoint an arbitrator, and these two arbitrators will select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the field related to our Services. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be Buffalo, New York, USA.