The Konscious Keto Terms and Conditions Agreement

Terms & Conditions

konsciousketo.com

Last Updated: Sept 1, 2018

1. INTRODUCTION

Konscious Keto, LLC (“Konscious Keto”) is the distributor of various vitamins, dietary supplements, and other products sold on Konscious Keto’s website, located at www.konsciousketo.com and other sites where these Terms & Conditions (“Terms”) are posted (each, the "Site”). Konscious Keto maintains this Site for your information and personal use, to educate consumers, and communicate about its products.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.

Your purchase or use any of Konscious Keto products constitutes your agreement to these Terms. If you do not agree to these Terms, you must return the product for a refund within 30 days of the date of delivery of the product.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT  YOUR LEGAL RIGHTS.

2. CHANGES TO TERMS AND CONDITIONS

Internet technology and the applicable laws, rules, and regulations change frequently. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS IS NOTED UNDER THE "TERMS & CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

3. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You and Konscious Keto agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, but an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.

Selection of Arbitrator and Costs. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, Konscious Keto will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Konscious Keto in writing and provided a copy of the arbitration proceedings. However, if Konscious Keto is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Konscious Keto including the filing fee.

Class Action and Trial-by-Jury Waiver. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Konscious Keto and may not preside over any representative or class proceeding against Konscious Keto. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST KONSCIOUS KETO IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A PRODUCT, AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY.  

4. GOVERNING LAW

These Terms and Conditions and the Privacy Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby.

5. LICENSE GRANT

This Site is provided by Konscious Keto, and these Terms and Conditions provide to you (identified herein as "you" or "user") a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with Konscious Keto. Nevertheless, your use will be subject to these Terms and Conditions. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without our express written consent. Except as expressly set forth herein, this Agreement grants you no rights in or to our intellectual property or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

6. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The content of this site and information provided to in response to a request made or question presented or survey completed by you (the "Information") is for informational purposes only. The Information is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and healthcare topics and is not specifically applicable to any individual's medical problems, concerns and/or needs. Any action you take by the Information provided is solely at your own risk and expense.

7. THIS SITE IS INTENDED FOR ADULTS

You should be aware that this Site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we know is under the age of 18. By downloading, accessing, or using this Site or to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

8. ADVICE

You will have the opportunity through our Sites to Email Us with any questions you may have for our featured expert regarding our products, dietary supplements in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. Konscious Keto and the experts featured on the Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.

9. RESTRICTIONS ON USE OF MATERIALS

These Terms and Conditions provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Konscious Keto transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Site are the copyrighted property of Konscious Keto or its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are shown on this Site are proprietary to Konscious Keto or its affiliates and/or third-party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to Konscious Keto or its affiliated companies and/or third-party licensors, whichever is the owner of any specific material.

As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third-party content, such as Third Party Content Providers (see discussion below under the heading "Third Party Content Providers"), you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site.

The use of any such material on any other Web Site or computer environment is prohibited. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any Konscious Keto server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or Konscious Keto systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Konscious Keto on or through the Site, (viii) use the Site or any interactive feature to harvest or collect email addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Konscious Keto.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY KONSCIOUS KETO TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

a. Security Risks

Konscious Keto cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including email, except under agreement as provided under our Affiliate program. Konscious Keto reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of Konscious Keto or the respective owner of the trademark.

b. Restrictions on Use

We also impose certain restrictions on your use of the Website and the Services. You represent and warrant that you will not: (a) provide false, misleading or inaccurate information to Konscious Keto or any other member; (b) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (c) harvest or otherwise collect information about our users, including email addresses and phone numbers; (d) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (h) use the Website or Services to send unsolicited email, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any email or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us our related parties in providing the Website or Services. Any violation of this section may subject you to civil and/or criminal liability.

10. LIMITATION OF LIABILITY AND DISCLAIMER

The use of this Site and the Information is at your own risk. When using this Site, information will be transmitted over a medium over which Konscious Keto has no control or jurisdiction. Therefore, Konscious Keto does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an "As Is" basis.

TO THE FULLEST EXTENT PERMITTED BY LAW, KONSCIOUS KETO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. Konscious Keto does not warrant that the Information contained on this Site will be uninterrupted or error-free, or that defects will be corrected. Konscious Keto makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "KONSCIOUS KETO PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.

11. USER SUBMISSIONS

You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Konscious Keto reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, "Submissions") to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes, and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) Konscious Keto a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Konscious Keto may sublicense its rights through multiple tiers of sublicenses.

12. ENFORCING SECURITY ON THE SITE

Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Konscious Keto reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.

Konscious Keto will also comply with all court orders involving requests for such information. In addition to the foregoing, Konscious Keto reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt the operation of or access to the Site, or any portion of this Site to protect the Site, Konscious Keto or Konscious Keto business. In connection with your use of the Services, You may be required to complete a registration form.

You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Website and Services will be current, complete and accurate and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning "User Ability to Access, Update, and Correct Personal Information" in our Privacy Policy. You may also be asked to provide a username and password in connection with your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of any other member at any time. You agree to notify us immediately of any unauthorized use of your account, username, or password. Konscious Keto shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Konscious Keto, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.

13. LINKS TO OTHER SITES

We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from Konscious Keto pages that take you outside of our service. For example, if you click on a banner advertisement or a link, the click may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third party websites. Consequently, we cannot be held responsible for the accuracy, relevance, copyright compliance, legality or decency of material contained in websites linked to this Site. We reserve the right to disable links from third party sites to this site.

14. THIRD PARTY PROVIDERS

Third Party Provider content is the intellectual property of the provider. Any copying, republications or redistribution of content, including, but not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent of Provider. Third Party Provider shall not be liable for any errors or delays in the content, or for any action taken in reliance thereon. Similarly, we have not reviewed and cannot control all of the material, including computer software or other goods or services made available on or through third-party websites. Accordingly, we do not represent, warrant or endorse any third-party website, or the accuracy, currency content, fitness, lawfulness, or quality of the information material, goods, or services available through third-party websites. We disclaim, and you agree to assume all responsibility and liability for any damages or other harm, whether to you or third parties, resulting from your use of third-party websites.

15. TERMINATION OF ACCOUNT

These Terms and Conditions will take effect at the time you click "SUBMIT ORDER," register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. Konscious Keto reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Konscious Keto shall have the right to immediately terminate a user's account in the event of any conduct by a user which Konscious Keto in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions. Termination will be effective without notice. You may also terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Konscious Keto proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms and Conditions, and governing law will survive the termination of these Terms and Conditions for any reason.

16. INDEMNIFICATION

You agree to indemnify, defend and hold Konscious Keto and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your unlawful access to or unlawful use of this Site or any website to which this Site is or may be linked from time to time; (c) your unreasonable use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any relevant law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

17. REPRESENTATIONS AND WARRANTIES

You represent and warrant that your use of the Website and Services will be in accordance with this Agreement and any other Konscious Keto policies, and with any applicable laws or regulations.

18. ENFORCEMENT

You acknowledge that any breach, threatened or actual, of Sections 9, 11, 16, and 17 Terms and Conditions will cause irreparable injury to Konscious Keto such injury would not be quantifiable in monetary damages, and Konscious Keto would not have an adequate remedy at law. You, therefore, agree that Konscious Keto shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Konscious Keto post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Konscious Keto to enforce any provision of these Terms and Conditions.

19. JURISDICTIONAL ISSUES

Unless otherwise specified, the Information is presented solely for, and any coupons, promotions, and programs are offered only to, residents of the United States of America, including Alaska and Hawaii, and Puerto Rico. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

20. CONTACT INFORMATION

You can Email Us or call 1-833-333-KETO. Please include any information that will help us identify your account so we can assist you with you.

21. WAIVER & SEVERABILITY

Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Konscious Keto of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

22. SUCCESSORS AND ASSIGNS

We may perform any of our obligations or exercise any of our rights under these Terms and Conditions through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Konscious Keto or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms and Conditions. You may not assign your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without our prior written consent.

24. DELIVERY POLICY

All orders are shipped within 48 hours. Please allow 3-5 days for delivery within the continental USA, or up to 1-2 weeks for Alaska, Hawaii, or Puerto Rico.

25. PAYMENTS AND REFUNDS

(a) Pricing

Keto Activate (all flavors) - $67 for 1 tub, $118 for 2 tubs, $147 for 3 tubs.

(b) Refund Policy

As a sign of confidence in our Services, we provide you an unconditional 30-Day Money Back Guarantee. All refund requests must be made to our customer service department at 1-833-333-KETO or Email Us no more than 30 days after the initial purchase date. Approved refunds will be processed within 3 business days after the request is made. You are aware and agree that you are limited to one product refund or exchange only. AFTER THE 30-DAY REFUND PERIOD, ALL FEES AND CHARGES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

PRIVACY POLICY

Konscious Keto’s Privacy Policy sets out how Konscious Keto LLC uses and protects any information that you give Konscious Keto LLC when you use this website and is incorporated into these terms as if fully set forth herein.