Terms of Use

TERMS AND CONDITIONS

  1. INTRODUCTION. Welcome to the site of Smart Strong Sassy, LLC. On our Smart Strong Sassy Site, you can watch and submit an account of your life experience (a “Story”), read articles and Stories submitted by other people and buy our merchandise.
  2. GENERAL. These terms and conditions (“Terms of Use”) contain the complete terms and conditions that apply to your use of the Smart Strong Sassy Site and any Product that you buy or any Activity that you engage in through the Smart Strong Sassy Site. They are a legally binding agreement between you and Smart Strong Sassy. The Terms of Use will remain in full force and effect as long as you use the Smart Strong Sassy Site and our Products or engage in any Activity.
  3. INTELLECTUAL PROPERTY
  1. Smart Strong Sassy Site As between you and Smart Strong Sassy, Smart Strong Sassy owns the copyright in all content on the Smart Strong Sassy Site other than content that is identified as having been written by a third party all trademark rights in the names for Smart Strong Sassy, Sharing is Strength and all other trademarks and service marks that are used on the Smart Strong Sassy, and all patent rights in the Smart Strong Sassy site (all together, for purposes of these Terms of Use, “Smart Strong Sassy Intellectual Property”).  While we hope that you will enjoy Smart Strong Sassy Site Content for your personal use, you may not copy, display or distribute copies of any Smart Strong Sassy Intellectual Property for any commercial purpose. Third parties whose products are mentioned on the Smart Strong Sassy Site and whose products are sold through the Smart Strong Sassy Site own their respective copyrights, trademarks, and other proprietary and personal rights. 
  2. User-Generated Content
    1. License to Smart Strong Sassy. If you submit a Story or any other content, including Accompanying Material which term is defined below (collectively, “User-Generated Content”), you grant, and you represent and warrant that you have the right to grant, Smart Strong Sassy an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to reproduce, publicly display, and distribute copies of that User-Generated Content, to edit that User-Generated Content and to incorporate that User-Generated Content into the Smart Strong Sassy Site as Smart Strong Sassy may see fit. If you submit or otherwise authorize the publication of a Story, you represent and warrant that the Story is true and accurate and that it does not defame or invade the privacy of any person, and you consent to the publication of your name as the author/subject of the Story. If you submit a photo, sound recording or a video to go with a Story (together, “Accompanying Material”), you represent and warrant that you own the copyright in that Accompanying Material and that anyone whose name, image or voice appears in the Accompanying Material besides you has given their consent for the publication of the Accompanying Material on the Smart Strong Sassy Site along with the Story.
    2. Restrictions. We have the right but not the obligation to review any User-Generated Content and remove it or take other action if we determine that it fails to comply with these criteria or that it contains content that is not appropriate for posting on the Smart Strong Sassy Site (Inappropriate User-Generated Content). Inappropriate User-Generated Content includes material, or links to material, that:
    3. Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
    4. Harasses or advocates harassment of another person;
    5. Involves the transmission of “junk,” “chain letters,” or unsolicited mass mailing or “spamming”;
    6. Is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
    7. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    8. Exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under the age of 18;
    9. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    11. Facilitates or constitutes part of commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  1. PRIVACY. For our privacy policy, CLICK HERE.
  2. PROCESSING, SHIPPING AND REFUNDS
  1. Processing time: All orders take a minimum of 48 hours to process. Fulfillment times can depend upon the location of the product.
  2. Shipping: We ship all domestic orders via USPS ground shipping charging normal fees determined by the weight of the product. We ship international orders via USPS.
  3. Cancellation: You can cancel an order for a physical Product if it has not shipped yet. To cancel an order, contact info@smartstrongsassy.com.
  4. Returns: If, for any reason, you would like to return any physical Product that has not been used, worn or damaged, return it to us within fourteen (14) days of receipt, and we’ll give you a complete refund or exchange. (See below concerning Products that are damaged in shipment.)
  5. Damage in shipment: If a physical Product has been damaged in shipment, contact info@smartstrongsassy.com and we will try to help you.
  1. Payment; Failure to Make Installment Payments. We accept most major credit cards as well as third-party payment processor.
  2. Representations and Warranties. You represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Use.
  3. DISCLAIMER OF WARRANTIES
  1. As Is.” THE Smart Strong Sassy SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY ABOUT HOW THE USE OF THE Smart Strong Sassy SITE OR ANY PRODUCT OR ACTIVITY WILL IMPROVE YOUR PERSONAL SITUATION.
  2. No Substitute for Professional Help. The fact that Smart Strong Sassy offers Activities, Stories and Products does not mean that each Activity, Story and Product is right for you, that you are in the appropriate mental condition to participate in that Activity or use that Product, or that you will benefit from that Product or Activity. NO PRODUCT OR ACTIVITY ON THE Smart Strong Sassy SITE IS A SUBSTITUTE FOR INDIVIDUAL PROFESSIONAL COUNSELING OR SUPERVISION. IF YOU ARE DEPRESSED OR SUICIDAL OR YOU ARE HAVING TROUBLE FUNCTIONING, WE STRONGLY RECOMMEND THAT YOU CONSULT YOUR PERSONAL PSYCHOLOGIST, PSYCHIATRIST, OR OTHER MENTAL HEALTH PROFESSIONAL.
  3. Limited Efficacy of Guides. Smart Strong Sassy produces, offers Blogs and Stories and sells because we think they can be helpful, but NO Blog Post, Story or Merchandise IS INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY PSYCHOLOGICAL OR MENTAL HEALTH ILLNESS OR PROBLEM. Smart Strong Sassy AND ITS PRINCIPALS, AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES SPECIFICALLY EXPRESSLY DISCLAIM ANY WARRANTY THAT ANY PARTICULAR STORY, BLOG POST OR MERCHANDISE IS APPROPRIATE FOR YOU, THAT YOU WILL BE ABLE TO FOLLOW THE DIRECTIONS OR PERFORM THE EXERCISES THAT IT PRESCRIBES, OR THAT YOU WILL BENEFIT FROM PERFORMING SUCH EXERCISES.
  4. General Disclaimers. Smart Strong Sassy AND ITS PRINCIPALS, AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY INJURY, DAMAGE, OR LOSS THAT YOU MAY INCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF PARTICIPATING IN ANY ACTIVITY OR USING ANY PRODUCT THAT YOU MAY BUY OR ACCESS THROUGH THE Smart Strong Sassy SITE, OR FOR THE FAILURE OF ANY PRODUCT OR ACTIVITY TO IMPROVE YOUR PSYCHOLOGICAL STATE OR SITUATION. Smart Strong Sassy ALSO DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE TECHNICAL RESULTS OF YOUR USE OF OR INTERACTION WITH THE Smart Strong Sassy SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE Smart Strong Sassy SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE SMART STRONG SASSY SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  5. Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  1. Indemnity. You will indemnify and hold harmless Smart Strong Sassy and its principals, affiliates, partners, directors, employees, officers, employees, agents, and representatives, and their successors-in-interest from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (“Claims“) made by any third party (which means anyone other than you or Smart Strong Sassy) due to or arising out of your use of the Smart Strong Sassy Site or any Guide, Course or Product or your participation in any Activity.
  2. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL Smart Strong Sassy OR ANY OF ITS PRINCIPALS, AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES AND THEIR RESPECTIVE SUCCESSORS-IN-INTEREST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE Smart Strong Sassy SITE OR ANY PRODUCT, OR YOUR PARTICIPATION IN ANY ACTIVITY, YOUR INABILITY TO USE THE Smart Strong Sassy SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Smart Strong Sassy SITE. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
  3. INTERACTION AND DISPUTES AMONG USERS; RELEASE. You are solely responsible for your communication and interaction with any other user of the Smart Strong Sassy Site (a “User”). If there is a dispute between you and any other User, Smart Strong Sassy is under no obligation to become involved. You hereby release Smart Strong Sassy, its principals, affiliates, partners, directors, employees, officers, employees, agents, and representatives, and their successors-in-interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Smart Strong Sassy Site. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
  4. COPYRIGHT INFRINGEMENT. If you believe that any content that you own has been posted on the Smart Strong Sassy Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Smart Strong Sassy Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows: info@smartstrongsassy.com. 
  5. GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. You agree that: (i) the Smart Strong Sassy Site will be deemed solely based in the State of New Hampshire; and (ii) the Smart Strong Sassy Site will be deemed a passive site that does not give rise to personal jurisdiction over Smart Strong Sassy or its principals, affiliates, partners, directors, employees, officers, employees, agents, or representatives, either specific or general, in jurisdictions other than the State of New Hampshire. If you have any dispute with Smart Strong Sassy that is not barred by these Terms of Use, the dispute will be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Concord, New Hampshire. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Smart Strong Sassy Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
  6. ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.