Privacy Policy
Effective Date: February 15, 2022
Data Controller Contact Information:
Ketogenic.com LLC
9051 Florida Mining Blvd STE 102
Tampa, FL, 33634
yourfriends@ketogenic.com
Our privacy notice governs our privacy practices when you are using our website www.ketogenic.com and when you are communicating with us.
Our privacy notice tells you what personal data and nonpersonal data we collect from you, how we collect them, how we protect them, how we disclose them, how you can access and change them, and how you can limit our disclosing of them. Our privacy notice also explains certain legal rights that you have about your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
Definitions
‘NONPERSONAL DATA’ (NPD) means any information that is in no way personally identifiable.
‘PERSONAL DATA’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data.
‘SENSITIVE PERSONAL DATA’ (SPD) means a consumer’s social security, driver’s license, state identification card, or passport number; a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security, access code, password, or credentials allowing access to an account; a consumer’s exact geolocation; a consumer’s ethnic or racial origin, religious or philosophical beliefs, or union membership; the contents of a consumer’s mail, text messages, and email unless the business is the intended receiver of the communication; a consumer’s genetic data; the processing of biometric data to uniquely identify a consumer; personal information collected and analyzed about a consumer’s health; sex life or sexual orientation.
Topics Covered in Our Privacy Notice
- Your Rights
- Information We Collect and How We Collect It
- How your PD is Used and Disclosed
- Retaining and Destroying your PD
- Protecting the Privacy Rights of Third Parties
- Do Not Track Settings
- Links to other Websites
- Protecting Children’s Privacy
- Our Email Policy
- Our Security Policy
- Use of Your Credit Card
- Transferring PD from other Countries
- Changes to Our Privacy Notice
Your Rights:
Contact us using the information at the top of this privacy notice to exercise any of your legal rights contained within this privacy notice. We will respond to your request within 30 days after receiving it. Occasionally it may take longer for multiple requests or complex circumstances.
When using our website and submitting PD to us, you may have certain rights under privacy laws in the United States including the California Consumer Privacy Act (CaCPA), the California Privacy Rights Act (CPRA), the California Invasion of Privacy Act (CIPA), and privacy laws of other countries including the European Union General Data Protection Regulation (the EU GDPR), the UK General Data Protection Regulation (the UK GDPR), the UK Data Protection Act of 2018, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and other global privacy laws. Even if not listed here, we will make reasonable efforts to honor data subject access requests even though we may be under no legal obligation to do so. However, we reserve the right to decline any data subject access request that we are not legally obligated to comply with. Your rights may include but are not limited to the following:
- The right to equal service, price, and not be discriminated against even if you exercise your privacy rights.
- The right to one or more means where you can submit requests under this privacy notice including (at minimum) a toll-free telephone number and an email address if the business operates a storefront and a website. If the business operates only an Internet website, then it must have a dedicated email address where you can submit requests for information required to be disclosed by law.
- The right to know whether your PD is sold or disclosed and to whom.
- The right to request that we do not sell any of your PD.
- The right to be informed about the PD that we collect from you and how we process them.
- The right to get confirmation that your PD are being processed and you can access your PD.
- The right to have your PD corrected if they are inaccurate or incomplete.
- The right to request the removal or deletion of your PD if there is no compelling reason for us to continue processing them. However, the right to deletion is not absolute and can be overridden to continue data processing in some cases where we still have a legal ground or overriding legitimate interest to process your data.
- The right to ‘block’ or restrict the processing of your PD. When your PD are restricted, we are permitted to store your PD, but not to process them further.
- The right to request the PD that you provided to us and use them for your own purposes. Upon express request, we will provide your data to you or another service or product provider within 30 days of your request subject to commercial and industrial secrets.
- The right to object to us processing your PD for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
- Direct marketing and targeted advertising (including profiling);
- Processing for purposes of scientific/historical research and statistics.
- The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects regarding you or similarly significantly affects you.
- The right that we limit the collection of your PD to that which is “adequate, relevant and reasonably necessary with the purposes for which the data is processed.
- The right that we do not process your PD for purposes that are neither reasonably necessary nor compatible with the disclosed purposes for which such personal data is processed, as disclosed to you unless the controller obtains your consent.
- The right to designate an authorized agent to make a request on your behalf. When designating an authorized agent, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification.
- The right to file a complaint with supervisory authorities if your information has not been processed in compliance with your rights under privacy laws.
Information We Collect and How We Collect It
Generally, you control the amount and type of information that you provide to us when using our website.
Our Legal Basis for Collecting and Processing PD
Our legal basis for collecting and processing your PD when you buy our products, services, or fill in any of the contact forms on our website is based on and the necessity for the performance of a contract or to take steps to enter into a contract. Our legal basis when you download or access our free content is based on consent.
Automatic Information
We automatically receive information from your web browser or mobile device. This information may include the IP address of your computer or the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to help improve our website.
When Entering and Using Our Website
When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.
Our Use of Cookies
Our website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.
By agreeing to accept our use of cookies you are giving us and the third parties with which we partner permission to place, store, and access some or all the cookies described below on your computer and or mobile device.
- Strictly Necessary Cookies – These cookies are necessary for the proper functioning of the website, such as displaying content, logging in, confirming your session, responding to your request for services, and other functions.
- Performance Cookies – These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
- Functional Cookies – These cookies enable the website to remember users’ choices, such as their language, usernames, and other choices while using the website.
- Media Cookies – These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by us or third parties who provide services to us.
- Advertising or Targeting Cookies – These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests.
- Session Cookies – These cookies allow websites to link the actions of a user during a browser session. They may be used for remembering what a user puts in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session.
- Persistent Cookies – These cookies are stored on a user’s device between browser sessions, which allows the user’s preferences or actions across a website or across different websites to be remembered. Persistent cookies may be used for remembering users’ choices and preferences when using a website or target advertising to them.
- We may also use cookies for:
- identifying the areas of our website that you have visited;
- personalizing the content that you see on our website;
- our website analytics;
- remarketing our products or services to you;
- remembering your preferences, settings, and log-in details;
- targeted advertising and serving ads relevant to your interests;
- allowing you to disclose content with social networks.
Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.
Web Beacons
We may use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically watch the number of people who open our emails.
At User Registration or When Buying Products or Services
When you register as a user or when buying our products and or services, we may collect some or all the following information and PD: first and last name, email address, phone number, username, password, physical address, payment information, weight, height, goals, body composition, strength, fasting glucose, weight, height, goals, activity level, endurance, and information contained in our health questionnaire.
Collecting Information About Your Physical Location
When you use our services, we may collect and process information about your actual physical location. We use several technologies such as GPS and IP tracking to determine your location. These technologies may also give us information about nearby cell towers, Wi-Fi access points, and other devices.
Google API
By using our website, you are subject to the Google Privacy Policy and Terms of Service. When collecting and processing user data, including PD from Google APIs, we will follow Google API Services User Data Policy. We also require that our employees, contractors, and agents comply with the Google API Services User Data Policy.
Hotjar.com
Hotjar is a service that helps us better understand our users’ experience – how much time they spend on which pages, which links they click on, what they do and do not like, This lets us build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular the IP addresses of their devices captured and stored only in anonymized form); the screen size, type, unique identifiers of devices; browser information; geographic location (country only); and languages used to display our website. Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we use this information to identify individual users or to match it with further data on individual users. You can opt-out of the creation of a user profile, Hotjar’s storing of data about your usage of our website, and Hotjar’s use of tracking cookies on other websites by visiting: https://www.hotjar.com/legal/compliance/opt-out.
Google Analytics
Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, improve our marketing, advertising, and website. We do not combine the information collected using Google Analytics with PD. You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Analytics
Our website use analytics services from companies other than Google to collect information about the use of our website. Analytics collects information such as how often users visit our website, what pages they visit, when they do so, what other websites they used before coming to our website, and their IP addresses. We use the information we get from analytics to improve our services.
Remarketing
Our website and applications use remarketing advertising services. These remarketing services are provided by companies that show our ads on websites and devices across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit their site and buy a computer by showing you their ads on other websites that you visit. We use remarketing for similar purposes. For this to happen remarketing companies will read a cookie in your browser. This can only happen if your browser is set to let it happen. You can opt-out of these types of advertising cookies by visiting http://www.networkadvertising.org/choices.
Disclosing Your PD for Lookalike or Similar Audience Marketing
We may disclose your PD with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we disclose your PD with for this type of marketing include Facebook and/or Google. Using your PD for similar audience marketing or lookalike audience marketing helps us find new audiences (users and customers) based on similar interests to yours. This helps us improve our marketing services. Your PD is only disclosed with Facebook and Google for this marketing. By using our website and agreeing to our privacy notice you are giving consent for your PD to be used for the marketing purposes described within this section.
What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you with all our products and services. However, you can access and use some parts of our website without giving us your PD.
How Your PD is used and Disclosed
- We use the PD we receive from you to:
- respond to any requests from you regarding sales and support;
- contact you regarding any agreements or accepted terms that you may have with us for our services;
- contact you regarding changes to our services or website;
- charge you for our products and or services and collect payment;
- help personalize your searches;
- diagnose problems;
- find and prevent fraud;
- provide our products and services you have requested or purchased from us;
- personalize and customize our content;
- make improvements to our website;
- contact you with updates to our website, products, and services;
- resolve problems and disputes.
Communications and Emails
When we communicate with you about our website, we will use the email address you provided when you registered as a user or customer. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by contacting us using the information at the top of this privacy notice.
Disclosing Your PD to Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD.
Disclosing Your PD to Service Providers and or Contractors
At times we give your PD to service providers and or contractors whom we hire to provide services to us. These service providers and or contractors may include but are not limited to payment processors, web analytics companies, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Legally Required Releases of Information
We may disclose your PD if such disclosure is (a) required by subpoena, law, or other legal processes; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to protect us from legal action or claims from third parties, including you and or other users; or (d) necessary to protect the legal rights, personal and or real property, or the personal safety of our company, users, employees, and business partners.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or company.
Community Discussion Boards, Blogs, or Other Mechanisms
Our website may offer the ability for users to communicate through online community discussion boards, blogs, or other mechanisms. If you choose to post on these discussion mechanisms, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you disclose your PD through such postings. Also, PD which you post on our website for publication may be available worldwide on the Internet. We cannot prevent the use or misuse of such information by others.
Holding and Destroying Your PD
We only retain your PD for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for PD, we consider the amount, nature, and sensitivity of the PD. When your information is no longer needed, we will destroy, delete, or erase it. Otherwise, directly below is an estimate of the length of time we will keep each category of your PD before we delete it.
Protecting the Privacy Rights of Third Parties
If you make any postings on our website that contain information about third parties, you agree that you have permission to include that information. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified if such postings violate the privacy rights of others.
Do Not Track Settings
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
Links to Other Websites
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. We have no responsibility for these websites, and we provide links to these websites solely for your convenience. You accept that your use of and access to these websites are solely at your risk.
Protecting Children’s Privacy
Our website is not designed for use by anyone under the age of 18. We do not knowingly collect PD from children under the age of 18. If you are a parent or guardian and believe that your child is using our website and they are under the age of 18, please contact us. Before we remove any information we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child under the age of 18 is accessing our website, we will delete their information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor have any liability to do so.
Our Email Policy
You can always opt-out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our company, or if our company files for bankruptcy as described in the section Disclosures to Successors.
Our Security Policy
We have built our website and services using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services to us also maintain technical and physical safeguards to protect your PD. SPD is protected at a higher level than most PD. Unfortunately, we cannot guarantee the prevention of loss or misuse of your PD or secure data transmission over the Internet because of its nature. We strongly urge you to protect any password you may have for our website and not disclose it with anyone.
Use of Your Credit Card
You may have to provide a credit or debit card to buy products and services from our website. We use third-party billing services and have no control over them. We use commercially reasonable efforts to ensure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
Transferring PD From Other Countries
PD that we collect from you may be stored, processed, and transferred among any countries in which we operate. The European Union has not found the United States and some other countries to have an acceptable level of protection of PD under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. If you are a European Union user, or a user from another country, with your consent your PD may be transferred to the United States or other countries when you request information from us. When you buy goods or services, we will use your PD to perform a contract with you. Wherever we transfer, process, or store your PD, we will try to apply reasonable safeguards to protect it. We will use the information we collect from you by following the practices described in our privacy notice. Also, we enter into data processing agreements and standard contractual clauses when appropriate. By using our website, services, or products, you agree to the transfers of your PD described within this section.
Changes to Our Privacy Notice
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email sent to the email address on file in your account. Otherwise, we will use and disclose our users’ and customers’ PD in agreement with this privacy notice in effect when the information was collected. Your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change. If you have questions about our privacy notice, please contact us through the information at the top of this privacy notice
Terms & Conditions
Accepting these Terms
This Agreement, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and Ketogenic.com LLC, please read them carefully.
Changes to our Terms
We reserve the right to change these Terms at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute resolution provisions of these Terms, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our website and products after any change to these Terms and our telling you will constitute your acceptance of such change. If you do not agree with the changes to these Terms, you can choose to discontinue the use of our website and products.
Limited license
Ketogenic.com LLC grants you a nonexclusive, nontransferable, revocable license to access and use our website and products strictly under these Terms. Your use of our website and products is solely for internal, personal, noncommercial purposes unless otherwise provided for in these Terms. No printout or electronic version of any part of our website or products may be used by you in any litigation or arbitration matter at all under any circumstances.
Description of products and services
This website provides Content and information and materials related to ketogenic.com products, nutritional approach, meal planners, recipes, and other nutritional and dietary information as well as a variety of other services (collectively the “Services”). Much of the Content and Services provided on this Site relates to a healthy lifestyle and reduced carbohydrate nutrition as a key element of a healthy lifestyle and diet, but nothing contained on the Site is intended to provide specific health care or medical advice. Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of Content and Services You may see or access here. All Content and Services provided here or accessed through the website is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Ketogenic.com makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the content on the website or accessed through this website. Ketogenic.com is not responsible for updating Content or Services contained on this website.
Account Registration
If you choose to become a Registered User on ketogenic.com, you will be prompted to provide certain personally identifiable information, and you will also be prompted to select a username and a password. Your username will identify you as a Registered User and your password will allow you access your account and those parts of the Site that are accessible only by Registered Users. Upon completing the registration process you will have established your personal account. You are solely responsible for protecting your registration data and your password. We recommend that you do not disclose your registration data and password to others.
Our website and Services are intended solely for users who are at least (18) years of age. Any registration by, use of, or access to by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our website and Services, you represent and warrant that you are at least (18) years of age and agree to obey all the Terms listed here.
Prohibited uses
You are granted a nonexclusive, limited and revocable license to access the website and use its functionality on the condition that you do not (or encourage others) to upload, post, or transmit any content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our website or products
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Ketogenic.com LLC is objectionable or restricts or inhibits any other person from using or enjoying our website or products, or which may expose Ketogenic.com LLC, our affiliates, or our Users to any harm or liability of any type
User content
Content that you post using ketogenic.com must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our website or Services.
- Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content. By posting Your Content through our website, you grant us a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help us function and grow.
- Reporting Infringing Content. We have great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Service.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on our website (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.
Accuracy of information
Occasionally there may be information on ketogenic.com that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related Service is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the website including, without limitation, pricing information, except as required by law.
Disclaimer of Warranty
You agree that your use of ketogenic.com or its Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any products or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Cancellation Policy
You may cancel your subscription or any ongoing services at any time through your account settings or by emailing us at yourfriends@ketogenic.com. Cancellation requests made through your account settings will be processed immediately. For email requests, please allow up to 24 hours for our team to process your cancellation.
Refund Policy
Refunds are available within 48 hours after a charge is completed. If you are not satisfied with our service or have any issues with the charges, please contact us at yourfriends@ketogenic.com within 48 hours of the charge. We will review your request and, if it meets our refund policy criteria, we will process the refund. Refunds will be issued to the original payment method used for the purchase. Please allow 5-10 business days for the refund to reflect in your account.
These policies ensure compliance with relevant consumer protection laws and provide a clear process for users to follow. By adhering to these guidelines, we aim to maintain a high level of customer satisfaction and trust.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will ketogenic.com, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if ketogenic.com has been advised as to the possibility of such damages or could have foreseen such damages.
Indemnification
You agree to indemnify and hold ketogenic.com and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the website or Services or any willful misconduct on your part.
Intellectual Property Rights
Ketogenic.com is licensed to retain all right, title, and interest in and to all intellectual property rights related in and to the website and the website Services.
Copyright Infringement
Ketogenic.com is committed to complying with copyright and related laws and requires all website visitors and users to comply with these laws. Accordingly, you may not use the website to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights.
We want to help get this information out to the world, so you have permission to use and translate our articles and guides as long as you add a clearly visible link or reference to our Site on every page. You may use such content in any reasonable manner, but not in any way that suggests Keteogenic.com endorses you or your usage of our content. You may not use our membership content unless you have obtained the right to do so from us.
Privacy
By agreeing to these Terms, you also consent to the Terms set out in our Privacy Notice shown at this link: https://ketogenic.com/privacy-policy
Termination
Ketogenic.com reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law). We may refuse Service to anyone and may terminate or suspend your services and your access to the website in whole or in part at any time, for any reason, without notice unless required by law.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution and Choice of Law
Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our website products, excluding legal action taken by us to collect or recover damages for–or obtain any injunction relating to–website operations, intellectual property, our products, and our Services will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Tampa, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Tampa, Florida necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs. The number of arbitrators will be one.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Tampa, Florida, and will be governed by and construed following the laws of the state of Florida without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our website or products must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Phone, SMS, MMS, Messaging Terms & Conditions
Ketogenic.com (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in other contexts. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application–based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an auto dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto dialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your Service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at contact@ketogenic.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using this website or its Services you agree to be bound by these Terms. If you do not agree to abide by the Terms of this Agreement, you are not authorized to use or access this website or its Services. 20.
APP Terms of Service
Our Apps abide by a terms of service more applicable to phone applications that can be found Here.
Contact US Address:
9051 Florida Mining Blvd STE 102, Tampa, FL 33634
General Contact: yourfriends@ketogenic.com
Please agree to the Privacy Policy and Terms & Conditions.
