Terms & Conditions

1. 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.

2. 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.


3.
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.

4. 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.

5. 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.

6. 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:

  1. Violates any local, state, federal, or international laws
  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  3. 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
  4. Links directly or indirectly to any materials to which you do not have a right to link
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  6. 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
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  8. 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

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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

15. 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.

16. 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.

17. 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.

18. 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.

19. 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. Contact US Address:

5850 W. Cypress Street Ste. B Tampa, FL 33607

General Contact:
contact@ketogenic.com

Ketogenic.com Plus:
yourfriends@ketogenic.com

Keto Mentoring:
yourfriends@ketogenic.com

Ketogenic Certified™:
certified@ketogenic.com

 

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