Ketoletic Website Terms and Conditions

By using Our Website, You agree to these Terms and Conditions. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after We post any changes to these Terms, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to these Terms, You should not use Our Website and, if applicable, You should arrange to cancel Your registered user account or subscription with us.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.
 
Definitions

A. “Ketoletic” is a trademark of Ketoletic LLC, and also refers to proprietary Nutrition and Personal Training programs created by and exclusively owned by Ketoletic LLC. As used herein, references to “Ketoletic” as a party means and refers to Ketoletic LLC and its owner(s), parent company(ies), affiliate entities, employees, and assigns.
B. “Member” refers to a person who has acquired a Ketoletic "digital product" and created a Member Account to access a specific product.
C. “Parties” mean Ketoletic LLC and you. Ketoletic LLC and you are each a “Party.”
D. “Terms” mean and refer to the Terms and Conditions set forth herein.
E. “Trainer” means and refers to the Ketoletic LLC employee, agent, or contractor who will assist You with Your fitness goals, as further defined herein.
F. “We,” “Us,” and “Our” mean and refer to Ketoletic LLC.
G. “Website” means and refers to this and any other website operated by Ketoletic LLC.
H. “You” and “Your” means the Member who has executed this Agreement by acquiring a membership subscription.
Eligibility
I. "Product" mean and refers to any "digital product" or "physical goods" exclusively owned by Ketoletic LLC. A "digital product" refers to an "online program" or "online access".
By registering to use the Website, or purchasing any of Ketoletic LLC products, You represent that You have reached the age of majority where You Live. You further represent that that you have the legal capacity to accept these Terms, and to use the Website in accordance with these Terms.

Ketoletic Member
Ketoletic can change any member product price detailed on the Website (including these Terms), at any time. Prices charged will be those confirmed to You at the time You purchased a product to become a member of one of Ketoletic's programs. If you qualify for our Refund Policy (as stated in: IV. REFUNDS FOR “HARD GOODS” or "DIGITAL PRODUCTS") and wish to request a refund, We give you thirty (30) days of eligibility for a refund from the date of purchase. In order to request a refund (if eligible), follow the instructions stated in: IV. REFUNDS FOR “HARD GOODS” or "DIGITAL PRODUCTS" and our support team will then assist You in the steps necessary to get a product refund on Our Website.

License
You have Our permission to electronically copy and print hard copies of pages from this website for your personal use only, and only to the extent necessary to place an order or shop with us. Any commercial use of such copies is strictly prohibited. Unless We give You written permission in advance, any other use of any Website, its content and its information, including Linking or framing to any Website, is strictly prohibited.

All aspects of Our Website is protected by USA and international copyright and trademark laws, including all design elements, text material. logos, taglines, and meta-tags. hashtags, photographic images, personal stories, Ketoletic icons, video and audio clips, downloads. No material on any Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Ketoletic trademark and logo are proprietary marks of Ketoletic, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Ketoletic.

User Communication/Authorization to use Photographs.
Ketoletic is happy to hear from users and welcomes your comments regarding our services or products. You alone are responsible for any communication, message, and/or other content that You post. upload. submit. transmit or share with Ketoletic on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively 'User Communications').By transmitting or posting any User Communications. You represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark. trade secret. rights of privacy, rights of publicity or any other applicable laws. Ketoletic does not endorse or sponsor any User Communications submitted by You or other Members.

You are prohibited from posting, uploading, submitting. sharing or transmitting any unlawful. threatening. libelous. defamatory. obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Ketoletic will fully cooperate with any law enforcement authorities or court order requesting or directing Ketoletic to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in Our Privacy Policy, all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post. upload, submit or share any User Communications You wish to be kept confidential or for which You expect compensation. acknowledgment or attribution.
You grant Ketoletic permission to use any and all photographs taken by Ketoletic or its agents or employees, or submitted by You to Ketoletic (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Ketoletic or any product or service sold and marketed by Ketoletic. You agree that this authorization to use Photographs may be assigned by Ketoletic to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Ketoletic’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Ketoletic in exchange for this Release and Assignment. You hereby release and forever discharge Ketoletic from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

Termination & Refund
Ketoletic reserves the right to terminate any Member's Account and/or service followed by a refund for any reason after providing e-mail notice to the Member.

No Medical Advice Provided
The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as 'information') provided by Ketoletic. is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.
This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health provider before beginning this or any other dietary program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified health care provider.

None of the contents of this Website or any information provided by Ketoletic are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by Ketoletic, are solely the opinions of the authors. Ketoletic, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by Ketoletic. Reliance upon any opinion or advice provided on the Website, via telephone, online chat. or emails at Your own risk.

Food Allergy Disclaimer
Ketoletic makes every attempt to provide accurate nutrition and ingredient information for every product on our menu. We take food safety very seriously: however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods We use could change the formulation at any time, without notice.
Please be aware that Our facility handles nuts and foods that may contain nuts or nut oils.
Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by Ketoletic is at their own risk.

Trainer's Obligations
The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account your lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice and support to assist You in achieving your goals. You understand that the results of any fitness program cannot be guaranteed by Ketoletic or the Trainer, and that Your progress depends on Your individual effort. Accordingly, individual results may vary.

Your Obligations
You must commit to Your training program 100% to achieve Your goals. You are required to arrive on time for sessions with Your Trainer, if applicable, depending on the program you purchased. You are required to wear appropriate clothing and footwear. Your Trainer may require a Letter of 'medical clearance' from Your physician, and Your physician may charge You for providing that Letter. You understand and agree that it is Your responsibility to inform the Trainer of any conditions or changes to Your health, now and on-going, which may affect Your ability to exercise safely and with minimal risk of injury. If Your Trainer requires further medical information from a practitioner. You must provide such information.

Links to Other Websites
This Site may contain links to other websites. Ketoletic assumes no responsibility for the content or functionality of any non- Ketoletic website to which We provide a link.

Disclaimer
THE MATERIALS ON THIS WEBSITE ARE PROVIDED 'AS IS" WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. KETOLETIC WEIGHT LOSS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. KETOLETIC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.

Force Majeure.
Ketoletic will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Ketoletic. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Ketoletic shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

Limitation of Liability
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT KETOLETIC IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER KETOLETIC NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL KETOLETIC’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO KETOLETIC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST KETOLETIC OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

Indemnification
You agree to protect, defend, indemnify and hold harmless Ketoletic, its officers, members, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Ketoletic for liability for payments for, damages caused by, or other liability relating to, You.

Assignment of Rights.
Ketoletic may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Ketoletic’ express written consent.

Contact
If You have any questions or complaints concerning any of the Terms, You may contact Ketoletic by e-mail at support@ketoletic.com.

Digital Millennium Copyright Act
If You believe that materials or content available on any Ketoletic Website infringes any copyright You own, You or Your agent may send Ketoletic a notice requesting that Ketoletic remove the materials or content from the Ketoletic Website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Ketoletic a counter-notice. Notices and counter-notices should be sent to Ketoletic by e-mail to support@ketoletic.com.

Arbitration, Governing Law, and Attorneys’ Fees.
Any claim or grievance of any kind, nature or description that You have against Ketoletic including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Davidson County, Tennessee. You agree not to file suit against Ketoletic or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Ketoletic. In the event that You and Ketoletic are unable to reach agreement on an Arbitrator, You and Ketoletic will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Davidson County, Tennessee. The arbitrators selected by You and Ketoletic will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Ketoletic and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Tennessee without regard to any choice of law provisions.

You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Ketoletic to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Ketoletic may not be joined or consolidated with claims brought by anyone else.
Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
Nothing in this Agreement prevents Ketoletic from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Ketoletic’s rights prior to, during, or following any arbitration proceeding.

You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either you or Ketoletic commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

Sever-ability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

Waiver
No waiver by Ketoletic of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

Heading.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

IV. REFUNDS FOR “HARD GOODS” or "DIGITAL PRODUCTS"

"HARD GOODS"
If You have purchased a “hard good” (for example, a book, MP3 player, apparel, supplements or other tangible product) from Ketoletic LLC, sold under any of its brands or related brands, including without limitation Ketoletic, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing via e-mail by contacting support@ketoletic.com;
2. Your request for a refund must be made within thirty (30) days of your purchase OR as stated in the refund policy PER product;
3. You must return the hard goods to Ketoletic LLC immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Ketoletic LLC in like-new, or re-sellable condition, as determined in Ketoletic’s sole, reasonable discretion.

"DIGITAL PRODUCTS"
If You have purchased a “digital product” (for example, one of Ketoletic's digital nutrition or workout programs) from Ketoletic LLC, sold under any of its brands or related brands, including without limitation Ketoletic, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing via e-mail by contacting support@ketoletic.com;
2. Your request for a refund must be made within thirty (30) days of your purchase OR as stated in the refund policy PER product;
3. You must provide the exact full name, email and phone number used when you made your original product purchase, and specify exactly which product you want to be refunded for.

XI. Information; Registration; User Names and Passwords
As a Ketoletic User, You will be required to create a Member account in Ketoletic's website(s). You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Ketoletic User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Ketoletic under Your User Account. You agree to immediately notify Ketoletic LLC of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Ketoletic LLC is not liable, and You will hold Ketoletic LLC harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

XIII. Prohibited Activity.
Ketoletic LLC has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Ketoletic’s reputation; and the violation of the rights of Ketoletic LLC or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Ketoletic’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.

XIV. Message Sending Policy and Best Practices.
Ketoletic LLC requires You to follow these best practices when sending electronic communications using our services:
Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from Your mailing list within the earlier of 15 days of receipt of the request, or the deadline under applicable law.
Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not You control the sending of the electronic communications, and include a link to such privacy policy in Your electronic communications..
Include in each electronic communications a link to your then-current privacy policy applicable to that electronic communication.
Include in each electronic communication Your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or scraped from the Web.
Do not employ sending practices, or have overall message delivery rates, which negative impact our services or other users of our services.
Do not use our services to send messages that may be considered junk mail. Some examples of this type of messages include messaging related to: penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.
COMPLIANCE WITH LAW. Your use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law. Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by Ketoletic LLC, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

XV. Changes to Terms
Ketoletic LLC reserves the right to change these Terms, in whole or in part, from time to time at Ketoletic’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://ketoletic.com/terms. By your continued use of Ketoletic’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

XIX. Notice.
Any notice required to be given to Ketoletic LLC under or related to these Terms must be in writing, addressed as follows to the following mailing address:
Ketoletic LLC
PO Box 90545
Nashville, TN 37209

General Support and Inquiries, Compliance, Spam/Abuse or Affiliate Partners can email: support@ketoletic.com
Notices to You may be made by posting a notice (or a link to a notice) on https://ketoletic.com, by e-mail, or by regular mail, at Ketoletic’s discretion.
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