Disclaimer and User Agreement
Please Read Carefully
Ketogenic dietary advice will be tailored to support medically established, diagnosed conditions and/or health concerns identified and agreed by both parties.
Keto Christina Diet Coach makes no representations or warranties of any kind with respect to ketogenic dietary advice.
Keto Christina makes no representations or warranties that the content of www.KetoChristina.com nor material provided to the client is complete or current.
The statements made about products and services have not been evaluated by any governing body and are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own physician or healthcare specialist regarding any concerns or suggested ketogenic nutritional advice.
Keto Christina nor other representatives shall be liable for damages arising out of or in connection with the use of information provided. This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation), compensatory damages; consequential damages; direct or indirect, loss of income or profit, damage to or loss of property and claims of third parties.
The content provided relates to topics of nutrition and health. As such, use of that content or material provided implies your acceptance of the terms described herein.
Keto Christina is a private citizen without any professional or medical training and you understand that the content, material and advice is provided to you without a health examination. You understand this content, material and site contents in no way provide medical advice and that no medical advice is contained in any content, material and site contents.
Keto Christina does not substitute or is not intended to substitute for consultation with a licensed healthcare provider such as your primary care practitioner or consultant. Before you begin any health modification or exercise program, or change your lifestyle in any significant way, you should consult with your primary care physician. If you experience any unusual symptoms whilst following the coaching advice, please contact your primary care physician.
You understand that all information contained on the site, content and coaching material should not be used to diagnose a health problem or disease, or to determine any health-related treatment program, including (but not limited to) weight loss, diet or exercise.
You understand that there are risks associated with engaging in any activity advised by your Ketogenic Diet Coach. Any action you take implies that you assume all risks – known and unknown- inherent to lifestyle changes including nutrition, exercise and physical activities as well as any injuries that may result from the actions you take.
You hearby release your Ketogenic Diet Coach and representatives from any liability related to coaching to the fullest extent permitted by law. This includes any damages, costs, or losses of any nature arising from the use of the coaching advice and the information provided in the site, material and external links including direct, consequential, special, punitive or incidental damages.
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE AND/OR ACCESS TO OUR WEBSITE, PARTNER SERVICES, OUR COACHING OFFERINGS, AND OTHER SERVICES AND PRODUCTS PROVIDED BY US.
By using our website www.ketochristina.com and/or other websites owned or operated by Keto Christina or our affiliates), mobile applications (“Mobile App”), coaching offerings and programs including content and coaching delivered through various coaching platforms that we utilize (“Coaching”), and/or other services we provide you agree to the terms and conditions set forth in this User Agreement (this “Agreement”). The Website, and/or Mobile App, and/or Coaching, and/or Content, and/or Programs and/or all other products and/or services offered by Keto Christina currently and in the future in any combination (part, whole, or any combination) as applicable are herein collectively referred to as “Services”. We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using our Services after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Services and you should arrange to cancel your registered user account with us, as applicable.
- Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the Websites and Mobile apps which are owned or operated by Keto Christina (“Keto Christina,” “we,” “us,” or “our”) and our affiliates (collectively, “Keto Christina”), including, without limitation, our website (collectively, “Website”), mobile applications (collectively, “Mobile App”), and any other website and/or mobile app that we may own or operate currently or in the future (collectively, our “Website” and “Mobile App”) and all of the Coaching and/or programs, content, products and/or services that we may offer currently or in the future. For purposes of this Agreement, “affiliates” will mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Keto Christina. “You” or “User(s)” or “your” or “client” or similar terms refer to you the User of our Services that we offer now or in the future. The parties agree as follows:
- No Medical Care. The Services are intended only to assist Users with their efforts to lose and/or manage weight and/or live a healthy lifestyle and/or achieve lifestyle related goals through making lifestyle related choices and/or lifestyle change. The Services are not health care services. Keto Christina, coaches and staff do not give medical advice or diagnosis. No information provided in the context of providing Services may be construed as medical advice or diagnosis. Some online platforms to which Users may be referred utilize terms like “patients,” “providers,” and “clinics.” Use of such terms on a platform, or the use of any other terms commonly related to the medical field, should not be construed as Keto Christina or Keto Christina’s coaches, staff, or third-party agents, and/or other Users of the Service providing medical care. Additionally, the information and reports generated by Keto Christina in providing the Services may not be interpreted as a substitute for physician consultation, evaluation, or treatment. You, the User, acknowledges that Keto Christina has advised you to seek the advice of a physician before entering into this Agreement.
- User Participation. To participate in the Services, User must meet all health criteria established by Keto Christina from time to time. User’s participation may be terminated by Keto Christina at any time it determines that User does not meet such criteria. User may participate in the Services to the extent User desires, but Keto Christina reserves the right to terminate User’s participation if User does not demonstrate he or she is making a good faith effort, in the sole discretion of Keto Christina, to benefit from the Services.
- Release of Information. User understands and acknowledges that Keto Christina may, at its sole discretion, release de-identified health information (health information that neither identifies nor provides a reasonable basis to identify an individual). User authorizes Keto Christina to release individually identifiable health information to User’s insurers, to User’s medical care providers, to User’s employer (to the extent necessary to qualify User for continued Services), and to Keto Christina successors and assigns to the extent necessary to provide continuity of Services in the event Keto Christina duties are transferred to another provider.
- No Guarantee of Results. Keto Christina makes no guarantees with regard to the amount of weight User may lose or the rate at which such weight loss will occur or the results that the User will experience or achieve. The Services are designed for a safe rate of weight loss of up to two pounds per week, after the first three (3) weeks for Users implementing weight loss efforts.
- Your Use of our Website and Coaching Material
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Website and Mobile App and the material provided hereon, and the Coaching that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Services. You understand that only you may use your user account and password and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of our Website, Coaching, and/or Services subscribed to by you. To subscribe to Coaching, you are eighteen years or older and have the right, capacity and authority to enter into and abide by these Terms and Conditions.
By using our Services you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Website, and/or Coaching is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or any part thereof), and/or Coaching and/or Services. Further, you agree that we will not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Services, except for a refund of any fees or charges prepaid by you with respect to Services in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing our Services including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable.
- Charges and Fees for Coaching (If Applicable)
Certain portions, components, content and features of our Website may only be available to individuals who purchase Coaching. As a subscriber to our Services, you agree as follows:
- You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time; or payment from your employer in the case of an employer sponsored wellness offering), the fixed and periodic charges set forth on our Website, applicable taxes, and other charges and fees incurred in order to access our Services. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on our Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the point of purchase. In the event we cannot charge your account, we reserve the right to terminate your access to our Services.
- In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Services including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.
- For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Services, including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Purchase Data with third parties for the purpose of verifying the information you provide, communicating with you, and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Purchase Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services. You are obligated to check to ensure that your Data is current and accurate, and, if not, to correct or update your Data including your billing information with us at the point of purchase. If your subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
- You agree that all fees and charges assessed by us are nonrefundable. If your cancellation of your subscription to our Services is due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee), we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to our Services (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee), we will refund any unused portion of such period on a pro rata basis.
- Cancellation of Services
Either you or Keto Christina may terminate or cancel your subscription to Services at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of Keto Christina or our enforcement or application of these policies; (iii) the content available through our Website and/or Coaching or any change in content provided through the Website and/or Coaching; (iv) your ability to access and/or use our Website, and/or Coaching; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription Coaching, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof), and/or Coaching, except as we may otherwise provide from time to time.
You can cancel your purchase with full refund by contacting us or by such other means as we may provide from time to time within 48 hours of purchase unless service has already begun. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you use Coaching during the period, you will not be entitled to a full refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect, and such collected amounts are nonrefundable.
- Availability of Coaching
The availability of Coaching (or any portion thereof) may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you Coaching or may terminate your service Coaching at any time based on these criteria. A full refund will be issued to you without any service being provided.
- Privacy Statement and Security
- Keto Christina respects your privacy. This privacy statement describes how we collect and use your personal information when you provide it to us. When you browse our website, you do so anonymously, unless you have previously indicated that you wish Keto Christina to remember your login and password. We do not collect personal information, including your email address, but we may log your computer’s internet address to determine which part of our website you visit and the duration of your visit. Keto Christina does collect and use personal information to complete transactions when you order products or services, when you sign up to receive our newsletter, when you complete surveys, when you sign up for and use our Coaching, or request to be contacted. The types of personal information you provide to us on these pages and Coaching may include contact information or information that may be used to identify you, including, but not limited to, your first and last name, email address, home address, telephone number, financial information such as your credit card number, unique information such as user IDs and passwords, and other contact information such as title, birth date, gender, occupation, industry, and personal interests. The testimonials posted on our Web site are only posted with the expressed permission of the individual who provided that testimonial.
- When you sign up and use the Services various other types of usage data and personal data is collected as a result of utilizing our Services (including Website and Coaching). Some data such as but not limited to name, email, address, phone number, gender, billing information, credit card information, other types of personal information which may include personal health information is required in order to provide the Services. You may choose not to share some information but this may limit our ability to provide Services to you. Some information may not be required but is collected as you interact with the Services. Contact us at email@example.com if you have questions about required information and information that is not required to utilize our Services.
- Examples of various types of data that may be collected as a result of utilizing our Services include but are not limited to the following: first name, last name, address, zip code, email address, date of birth, phone number, prefix, city, state, language, place of employment, data/responses collected through user completion and/or or non-completion of surveys and/or questionnaires, data collected through user completion and/or non-completion of various assigned tasks, data collected related to user symptom tracking, data imported and/or connected by the user from other mobile applications and/or fitness trackers used by the user, data collected from other forms of uploaded and/or recorded data (this can include but is not limited to profile pictures, uploaded pictures, uploaded videos, personal notes, blood pressure readings, medication names, medication dosages, medication dosing schedule, medication reminders, tracking related to task completion and trends, blood glucose readings and trends, mood, food pictures, food intake details –food pictures and various other details related to dietary intake, exercise details –activity type, duration, etc., other activities, steps, weight, calories, goals, chat conversations with group members, chat conversations with Coaches, scheduled appointments, completion of assigned tasks, care provider details, and other various types of data discussed by the user and/or Coach and/or Keto Christina staff and/or other third-party individuals contracted by Keto Christina and/or third-party organizations contracted by Keto Christina.
- Keto Christina utilizes third-party vendors and/or licensors to provide services related to business operations, to include but not limited to collection of payment, providing Services. By utilizing our Services you agree to the usage, storage and disclosure of user data and personal information (to include personal health information) by Keto Christina to various third-party vendors and/or third-party licensors of Keto Christina. You also acknowledge and agree to the usage, storage and disclosure of such data and information by our third-party licensors to their third-party licensors and so on in order to provide such services.
- Keto Christina offers an E-Newsletter to subscribers. In order to subscribe to the e-Newsletter you must provide personal information, to include first name, last name and email address for the purpose of delivering the E-Newsletter to the email address you provide. We may also use the personal information you provide to contact you regarding various services and/or offerings we may have from time to time. By signing up for the E-Newsletter you agree and acknowledge that the information provided in the E-Newsletter is for informational, marketing and/or educational purposes only. Keto Christina does not guarantee the accuracy of the information contained in the E-Newsletter. No information provided in the E-Newsletter should be construed as medical advice. When you sign up for our E-Newsletter you also agree to the terms and conditions set forth by Mailchimp and any other third-party vendor or licensor of Keto Christina for the purposes of providing the E-Newsletter. You also agree and acknowledge that you give express consent to Keto Christina for Keto Christina to transfer the data to Mailchimp and/or other third-party vendors of Keto Christina in order to provide the E-Newsletter. Please visit MailChimp.com for further information related to the terms and conditions and privacy practice of Mailchimp. If you wish to unsubscribe to the E-newsletter then you can unsubscribe at the bottom of the E-Newsletter communication that you receive or contact us at firstname.lastname@example.org
- In order to provide our Services various types of personal data is collected depending on the specific services being provided. As a result of interacting with and/or using and/or subscribing to and/or accessing our Services you agree to provide personal data which is required to provide the service. If you are unable to provide the requested data then you should not use and are not permitted to use our Services. You should also not sign up for our E-Newsletter if you do not wish to receive emails from us or provide the required information (for example, email address and name).
- Keto Christina may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when we are permitted or required by law, or are trying to protect against or prevent actual or potential fraud or unauthorized transactions or are investigating fraud which has already taken place.
- We are committed to protecting your privacy and security. For more information, you should review our Notice of Privacy Practices, which are incorporated into this Agreement by this reference. Please note, phone and video sessions in connection with the Coaching offerings (to include virtual, group, telephone, one-on-one coaching) may be recorded for quality assurance and training purposes. Chat messages between Coach and users may be recorded, archived, and reviewed for quality assurance and training purposes.
- Keto Christina may use cookie and tracking technology depending on the features offered. Cookies and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to our site, and understanding how visitors use our site. Cookies can also help customize the site for you. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.
- Keto Christina does not knowingly collect information from children under the age of 13 and our website is not intended to attract children under the age of 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.
- If we change our privacy statement, we will post the revised statement here. If we make significant changes to the way we use our personal information, we may also notify you by other means, such as posting a notice on our home page. If you have any questions, concerns, or comments about our privacy statement you may contact us using the contact page.
- Health Disclaimer
Our Services provide weight management and lifestyle-related information applications and content published over the Internet and are intended only to assist users in their personal weight management and healthy lifestyle efforts and goals. Keto Christina is providing these services as non-medical services and the Coaching is not medical coaching and our staff cannot give you medical advice or diagnosis. Nothing contained in our Website or through the Coaching should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning this or any lifestyle-related or weight management effort or regimen. You represent that you are in good enough health to begin using our Services, which may include changes to your diet and/or physical activity, and/or other lifestyle related behaviors. Individuals with chronic diseases or health problems supervision are specifically warned to seek professional medical advice prior to initiating any form of weight management or lifestyle change effort. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained approval from your health care provider to receive the Services before using them and that you will be actively supervised by your health care provider while utilizing our Services. User participation and engagement are required. User acknowledges that results may vary, despite your efforts, and Keto Christina cannot guarantee that you will lose weight or achieve your lifestyle-related goals.
For more information, you should review our Health Notice, which is incorporated into this Agreement by this reference.
- Restrictions on Use of Materials
You acknowledge that our Website and/or Coaching Material contains information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All trademarks and trade names appearing on our Website are trademarks and trade names of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer or mobile phone or other electronic device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
- Community Standards and Conduct Guidelines
You are entirely responsible for all Postings that you post, email or otherwise transmit to our Website and/or Mobile App. We do not control the Postings posted, emailed or otherwise transmitted on our Website or Facebook groups by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings.
If, at our request or on your own, you send, email, post or otherwise transmit to us or our Website and/or Mobile App any Content (collectively, the “Submissions”), you grant Keto Christina and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that Keto Christina and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store, and reproduce any Submission that you have made available in a Community Platform (including Group Chat) for personal use. Subject to the foregoing, the owner of a Submission placed on our Website and/or Mobile App retains any and all Rights that may exist in such Submission. None of the Submissions will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any Submissions.
This Agreement applies only to our Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website and/or Coaching Material who infringes the intellectual property rights of others.
- Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE COACHING) ON OUR WEBSITE AND/OR MOBILE APP AND/OR ANY OTHER PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER KETO CHRISTINA, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT OUR WEBSITE AND/OR MOBILE APP OR ANY FUNCTION CONTAINED IN OUR WEBSITE AND/OR MOBILE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE AND/OR MOBILE APP OR THE SERVERS THAT MAKE OUR WEBSITE AND/OR MOBILE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE COACHING AND/OR MOBILE APP) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE AND/OR MOBILE APP IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, AND/OR ANY OTHER ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE COACHING AND/OR MOBILE APP). NEITHER KETO CHRISTINA, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE COACHING) IN OUR WEBSITE AND/OR MOBILE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR WEBSITE AND/OR MOBILE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR WEBSITE AND/OR MOBILE APP (INCLUDING, WITHOUT LIMITATION, COACHING AND/OR THE FEE- BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE COACHING) ON OUR WEBSITE AND/OR MOBILE APP OR ANY WEBSITE OR WEBSITES LINKED TO OUR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE AND/OR MOBILE APP (INCLUDING, WITHOUT LIMITATION, THE COACHING); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE AND/OR MOBILE APP (INCLUDING, WITHOUT LIMITATION, THE COACHING); OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE AND/OR MOBILE APP. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE AND/OR MOBILE APP OR FOR PARTICIPATING IN COACHING OR ANY OF OUR FEE BASED SERVICES OR FREE SERVICES . IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE AND/OR MOBILE APP AND/OR COACHING OR OTHER SERVICES, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE, MOBILE APP AND/OR COACHING AND/OR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of our Website, our products, offerings, or Services (including, without limitation, the Coaching), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
- Miscellaneous Terms
In any action against us arising from the use of our Services, Website (including, without limitation, the Coaching), the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This Agreement is the entire agreement between you and us relating to the subject matter herein.
This Agreement may be modified only by our posting of changes to this Agreement on our Website, or by written agreement of both parties. Each time you access our Website and/or Mobile APP, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist in any one or more instances upon the strict performance of the terms, covenants, or conditions of this Agreement and to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the obligations of the other party with respect to future performance will be and remain in full force and effect.