Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX)
This Document contains the terms and conditions of your receipt and payment for KetoPoints goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF KETOPOINTS GOODS AND SERVICES.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then–current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Important Health Information
People with certain conditions may not use the KetoPoints program; these include, but are not limited to people who: (a) are pregnant or are nursing, (b) are allergic to foods included in the program (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition which is contraindicated for the use of a gluten–free or ketogenic diet. Children under 18 years of age may not be on the KetoPoints program. For more information contact us at firstname.lastname@example.org.
The KetoPoints program is a macronutrient–controlled, reduced–calorie comprehensive weight loss program. Please consult your physician before beginning the KetoPoints program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. As a general guideline, we also recommend taking a daily baseline multivitamin as a part of your KetoPoints program for optimal health. You should discuss your continued participation in the KetoPoints program with your physician if there is any change in your medical condition.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the KetoPoints program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
II. Money Back Guarantee
KetoPoints is built around one of the most metabolically powerful diets on the planet. If you don't see results after 3 weeks, we'll issue a full refund. Simply send an email to email@example.com within 21 days of joining and we will provide a full refund -- guaranteed. This guarantee applies to first time KetoPoints clients only. One guarantee per customer.
Subscription Term and Renewal
Unless you cancel, your subscription continues automatically on the same basis with the applicable periodic subscription renewal fees automatically billed to the account identified and authorized by you at the time of your subscription to the program.
Use of Subscription
Your subscription is non–transferable. You agree that only you will have access to the subscription benefits. Benefits are not for resale. You are entirely responsible for maintaining the confidentiality of your subscriber user account information and password. You agree to promptly notify us if you become aware of any unauthorized use of your subscription number.
III. Your Responsibility to Protect Your Account
KetoPoints reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. KetoPoints will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, KetoPoints may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless KetoPoints for losses incurred by KetoPoints or another party due to someone else using your account or password. KetoPoints has the right to disable any user name, password or other identifier, whether chosen by you or provided by KetoPoints, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Monitoring and Enforcement; Termination
KetoPoints reserves the right, but is not obligated, to do any or all of the following:
• Record the dialogue or content posted on any pages of the Sites;
• Investigate an allegation that anything posted on the Sites does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
• Remove postings which fail to conform with these Terms and Conditions;
• Terminate a user’s access to the Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you);
• Monitor, edit, or disclose any posting on the Sites; and
• Edit or delete any communications posted on the Sites, regardless of whether such communications violate these standards; or
• KetoPoints may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, KetoPoints has the right to fully cooperate with any law enforcement authorities or court order requesting or directing KetoPoints to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites. YOU WAIVE, AND HOLD HARMLESS KETOPOINTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KETOPOINTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF KETOPOINTS, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
KetoPoints does not undertake to review any materials before you have posted them on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. KetoPoints assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. KetoPoints has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. KetoPoints has the right to terminate your account and access to the Site or Sites for any reason, including, without limitation, if KetoPoints, in its sole discretion, considers your use to be unacceptable. KetoPoints may, but shall not be under no obligation to, provide you a warning prior to termination of your use of the Site or Sites.
IV. KetoPoints Intellectual Property
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. KetoPoints holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non–commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by KetoPoints or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you access to the Site for your personal, non–commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use the site material for commercial purposes or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by KetoPoints. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The KetoPoints name, logo and all related names, logos, product and service names, designs and slogans are trademarks of KetoPoints or its affiliates or licensors. You must not use such marks without the prior written permission of KetoPoints. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting KetoPoints (as set forth below) and providing the following information:
• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location ( e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e–mail address.
• A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
• A signature or the electronic equivalent from the copyright holder or authorized representative. Send this information by mail to KetoPoints, 506 Corte Jana, Oxnard, CA 93030, ATTN: Legal Department. In an effort to protect the rights of copyright owners, KetoPoints maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
V. Changes to the Site
KetoPoints may update the content on this Site from time to time, but its content is not necessarily complete or up–to–date. Any of the material on the Site may be out of date at any given time, and KetoPoints is under no obligation to update such material.
Information about You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. KetoPoints has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
KetoPoints may disable all or any social media features and any links at any time without notice in our discretion.
VI. Legal Disclaimers
The Sites and/or Site and the content are provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, KETOPOINTS, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON–INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. KetoPoints makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. KetoPoints cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. KetoPoints cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. KetoPoints cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. KetoPoints does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error–free or that defects in the Sites and/or Site will be corrected.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third–party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by KetoPoints, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of KetoPoints. KetoPoints is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
KETOPOINTS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH KETOPOINTS IS TO DISCONTINUE YOUR USE OF THE SITE. KETOPOINTS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH–RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF KETOPOINTS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KETOPOINTS' AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold KetoPoints, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites' and/or Site's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
VII. Resolving Disputes – Arbitration
Most customer concerns can be resolved quickly and to the customer's satisfaction by writing to our customer service department at firstname.lastname@example.org. If KetoPoints' customer service department is unable to resolve a complaint you may have to your satisfaction (or if KetoPoints has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre–existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and KetoPoints agree otherwise, any arbitration hearings will take place in Ventura County, California. The AAA Rules are available online at adr.org, by calling the AAA at 1–800–778–7879. KetoPoints agrees that it will pay a consumer's filing fee for the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR KETOPOINTS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1–16 (FAA).
Waiver and Severability
No waiver by KetoPoints of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KetoPoints to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.