CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a legal agreement (the “Agreement”) between You, the individual, company or organization (“you,” “your,” or “Customer”) and KETO (“we,” “our” or “Company”). By ordering, accessing, using or purchasing Keto through this website or related websites (collectively the “Website”), you are agreeing to be bound by, and are becoming a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
ANY CLAIM OR DISPUTE BETWEEN YOU AND THE COMPANY THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE STANDARD TERMS SET OUT BELOW. YOU AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE WITH THE COMPANY. YOU FURTHER AGREE THAT YOU WILL NOT PARTICIPATE IN ANY CLASS ARBITRATION OR CLASS ACTION LAWSUIT, AND THAT ANY CLAIM BETWEEN YOU AND THE COMPANY MAY FAIRLY AND APPROPRIATELY BE RESOLVED IN AN INDIVIDUAL ARBITRATION.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE
1. ORDER TERMS AND CONDITIONS
Product is only shipped upon payment Portal. I understand that as part of a promotional offer my package will be protected thru package protection paid in my behalf by the seller.
2. CONDITIONS OF AGREEMENT
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
4. TEMPORARY PRICE REDUCTION
For your convenience and benefit, Keto may temporarily reduce the price of your order for promotional purposes, or to ensure that your purchase order transaction is capable of being processed by your credit card company or processor. If Keto reduces the price of the Product as described herein, you will be billed at the reduced price until the promotional period ends or Keto is assured of payment by your credit card company or its processor, after which time the Product price will be restored to its usual price, without prior notice to you. If your order is processed at the reduced price a new billing cycle will begin from the date of the new payment processing. Any temporary reduction in the price will not alter or enlarge the 7 day cancellation terms referenced above.
To return a Product for an exchange due to shipping damage you will need to obtain a number can ONLY be obtained by contacting the Customer Care Department by phone.
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
7. SHIPPING TERMS
Products will be shipped to you using one of many mail level services. All packages should arrive within five to seven (5-7) business days. Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. WE DO NOT REFUND OR CREDIT SHIPPING CHARGES FOR ANY MONTHLY SHIPMENTS OR RETURNS.
7.1 How to Alter Your Shipping
Please contact our Customer Care Department available
8. REPRESENTATIONS; DISCLAIMERS
It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the by any local or international regulatory bodies, and the Product is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary.
The Product is intended for use by persons at least 18 years of age. If you are pregnant, nursing or taking any medication, you represent and warrant that you either have consulted, or will consult, with a health care professional before taking the Product, and you will cease immediately taking the Product and will contact a health care professional if you experience any ill effects or unintended side effects of the Product.
We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers (“Information Sources”). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
9. REJECTION, DAMAGE OR LOSS IN TRANSIT
We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product.
10. LIABILITY LIMITATION AND ARBITRATION
LIABILITY LIMITATION: TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED (LESS ANY REFUNDS). FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, COST OF COVER, OR EXEMPLARY OR PUNITIVE DAMAGES. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ARBITRATION: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, INCLUDING WITHOUT LIMITATION ANY DISPUTE CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, ENFORCEABILITY OR BREACH OF THE AGREEMENT, SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION ADMINISTERED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE NUMBER OF ARBITRATORS SHALL BE ONE OR THREE. THE PLACE OF ARBITRATION SHALL BE ST. KITTS. ST. KITTS LAW SHALL APPLY. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. PER THE TERMS OF THIS AGREEMENT, THE ARBITRATOR[S] SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE / CONSEQUENTIAL / SPECIAL / INDIRECT DAMAGES.
THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE. A PARTY MAY APPLY TO ANY COURT WITH JURISDICTION FOR INTERIM OR CONSERVATORY RELIEF, INCLUDING WITHOUT LIMITATION A PROCEEDING TO COMPEL ARBITRATION IN ST. KITTS.
THE DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE OR OTHER MATTER IN QUESTION HAS ARISEN, AND IN NO EVENT SHALL IT BE MADE AFTER ONE YEAR FROM WHEN THE AGGRIEVED PARTY KNEW OR SHOULD HAVE KNOWN OF THE CONTROVERSY, CLAIM, DISPUTE OR BREACH.
You agree to defend, indemnify, and hold harmless Ketov, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Keto will use the email address you provided to Keto when you ordered your Product. If you change your e-mail address, you are required to provide us written notice the change. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Companys business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of St. Kitts without regard to choice or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the arbitration in St. Kitts. YOU SPECIFICALLY WAIVE THE RIGHT TO BRING ANY CLAIM OR CAUSE OF ACTION IN ANY OTHER STATE, COUNTRY, OR REGION.
Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Keto may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect. The unenforceability of any provision of this Agreement will not otherwise negate or nullify the enforceable terms.
Attorneys Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys fees and costs incurred in connection therewith, including attorneys fees incurred on appeal.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.