Keto Macros
Terms & Conditions
Last Updated: 2021-09-09
The website www.KetoMacros.com (hereinafter “Website”) and any content therein (defined below) is owned and operated by Keto Macros (hereinafter “we” “us” “our” “brand”). By using our Website, you (hereinafter “reader” “visitor” “you” “your”) consent and acknowledge that you have read our Terms & Conditions in its entirety, or at least to the point where you feel you thoroughly understand and agree to be bound by the conditions described herein.
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Use of Website
- To use our Website, you must be at least 18 years of age and have the mental capacity necessary to enter into and comply with these Terms & Conditions. We do not authorize the use of this Website by anyone under 18. By using our Website, you verify that you are at least 18 years of age and declare that you agree to the Terms & Conditions herein. Anyone under the age of 18 by using this Website. Any use by anyone under 18 violates these Terms & Conditions and constitutes unauthorized use of our Website and Content.
- These Terms & Conditions may be subject to revisions or updates, and we may or may not notify you of such changes. Keto Macros reserves the right to make adjustments or modifications at any time. It is the visitor’s responsibility to check the policies regularly to stay up to date. By using our Website and consuming Keto Macros content, you consent to be bound by the current version of these Terms & Conditions, whether or not you have reviewed it. Please stop using our Website or any of the Keto Macros content included therein if you disagree with these Terms & Conditions.
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Intellectual Property Rights
- Our Website, brand social media, and newsletter emails contain original content material conceptualized, produced, and developed by Keto Macros with creativity, originality, strategy, dedication, care, detail, planning, and imaginative thinking. This collection of work owned by Keto Macros is protected as intellectual property under federal intellectual property laws, preventing unlawful use of our Content. All proprietary information and material hereinafter identified as “Content” include, but are not limited to: patents, trademarks, trade secrets, and copyright materials, as well as any and all original works on our Website, social media, and emails, including but not limited to website design, branding, color palette scheme, logo, graphics, icons, images, photographs, text copy, video, audio, data, information, documents, artwork, layouts, and/or similar placement on Content, to the extent protectable, and any other information accessible through this Website, which constitutes proprietary information. This protection also includes all material that appears on the Website, social media, and emails, including content titles, product names, and any other text whether or not authored by us.
- We have invested a significant amount of time and money in creating the intellectual property on this site. To maintain its integrity, we cannot allow any third-party use. You may NOT use our Content in any way anywhere without our express written consent; this includes republishing on social media or any third-party website. You acknowledge that copying, distributing, reposting, publishing, selling, manipulating, altering, or otherwise exploiting any of our Content or intellectual property without our prior written consent is a violation of these intellectual property laws. If such behavior is suspected or revealed, we reserve the right to immediately terminate your access to our Website, Content, or any materials you may have purchased without reimbursement or refund. We further reserve the right to prosecute any actionable infringement or misuse to the fullest extent of the law.
- Licensee / Licensor Rights: Our Limited License to You
- You have a limited, revocable, non-transferable license to use the information available to you in our Content for your personal, non-commercial use only. When you register for or buy a product, package, or service from us, you get a limited license to use the information it contains, as specified in the “Terms of Use” or “Client Agreement” associated with each product or service.
- As a licensee, you understand and accept that you will not:
- Copy, edit, distribute, duplicate, or steal any information on Website, or any Content, including that which a third-party has posted,
- Use, post, distribute, copy, steal, or otherwise use any portion of Website, including Content or products, without written permission from Keto Macros and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
- Hold any of our Content out to be your own, and understand that doing so constitutes stealing and is a violation of our intellectual property rights.
- Share purchased materials or information with others who have not purchased them.
- Use any portion of our Website, including Content, information, and purchased materials, in any commercial manner that you make, may make, or intend to profit from it.
- You acknowledge and understand that such actions, including but not limited to those outlined above, are against these Terms & Conditions, will likely constitute infringement and/or theft of our work, as well as violate US Federal Laws. We reserve the right to prosecute any infringement to the fullest extent of the law.
- Any requests for written permission to use any of our Content may be made by emailing your written request to [email protected].
- Licensee / Licensor Rights: Your License to Us
- There are spaces where you may be able to post your original content to our Website, including but not limited to comments, reviews, testimonials, or photos. You may also have the opportunity to respond to generated emails, comment or chat on social media, live stream, webinar, or any other Content medium in a manner that allows for participation or feedback. By posting any type of information, you represent you are the owner of anything you post and are at least 18 years of age.
- By your decision and action to engage on our Website or Content, you agree to fully assign any intellectual property ownership rights to us with access to our Content constituting good and valuable consideration in exchange for these intellectual property rights. You acknowledge that if any of the content you provide us is used in whole or in part, you are not entitled to any compensation and will not ask for any payment or preferential treatment in return.
- When you submit and provide any such information or content, you also acknowledge and understand that you are assigning and/or licensing us and anyone else authorized by us an irrevocable, unrestricted, unlimited, royalty-free, perpetual, non-exclusive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you provide, in whole or in part, with or without modification. If we choose to identify you in the content, you allow us the right to do so using your provided name, email address, user name, or any other acceptable method of identification associated with your user account.
- Testimonials: Our Content may feature testimonials from Keto Macros users to provide viewers with comments, feedback, and further information from others’ experiences with our Website, Content, or brand. All of the information, photos, and statements featured came from actual users who gave their genuine, honest views about our Website and Content. These testimonials should not be interpreted to guarantee that current or future users will achieve the same results or have similar experiences. You understand and recognize that you should not expect the same outcomes after reading a featured testimonial in our Content and that this information is not a guarantee. You also acknowledge that the people featured may have a different medical history and health status than you. Their experience may not be representative of what works for everyone or in your situation. You agree to use common sense and consult a licensed professional before starting any program or implementing any information found in our Content.
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Your Conduct
- If you choose to publish something on our Website, Content, or anywhere else linked to us, you understand and acknowledge that you will not post anything that is defamatory, libelous, damaging, hurtful, malicious, hateful, or otherwise disturbing, or that could affect another user or us. You accept that if you actively contribute content that is considered hate speech or cyberbullying, it will be removed immediately, and we reserve the right to take legal action against you to the greatest extent of the law.
- You may use our Content for lawful purposes only and acknowledge you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You agree not to post any content that would be considered criminal, to use the Website or Content for fraudulent or unlawful purposes, to create civil liability, to be repugnant, to infringe on another’s intellectual property rights, to be vulgar or obscene in any way, or to be otherwise objectionable. You accept that we are the sole decider in whether the content you provide is objectionable and have the unilateral right to remove any content you post without explanation or ramifications. You also understand that we may be obligated to take further legal action based upon the information you post and reserve our right to do so. Should a third party choose to take legal action against you due to something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
- By accepting these rules, you warrant that you will not post comments or send messages that are obscene, vulgar, sexually oriented, hateful, threatening, or otherwise violative of any laws.
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Use of Free Content or Material
- As a gift or opt-in offer, we may provide free Content (often as a download or printable) in exchange for your name and email address. If you choose to opt-in to this Content, you acknowledge that it is exclusively for your personal, non-commercial use and that it may not be reproduced, modified, distributed, or otherwise shared in any manner other than its original form. If you choose to share the information, you accept and acknowledge that you will give credit to Keto Macros, that you will not claim the material as your own, and that you will not attempt to profit (financially or otherwise) from our materials.
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Disclaimer
- The purpose of our Website is solely to produce educational resources, share information, opinions, and experiences about Keto Macros, our Website, and Content. Any material on this Website or Content you receive because you decide to opt-in to our email list has been created solely for educational and informational purposes. By visiting this Website, you agree and understand that this Content is provided to you solely for informational and educational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through the use of our Content contained therein, whether financial, legal, medical, mental, physical, or otherwise, nor are we making any guarantees regarding the success of your experience, or any results stemming from there. You understand and agree to this and acknowledge that your use of any information contained herein is purely voluntary.
- You understand that Keto Macros created this Website to offer keto diet resources, low carb recipes, and general information about keto. The Keto Macros Website is to inspire those following a low carb lifestyle and to share keto recipes. Nothing on our website aims to give or act as a substitute for medical or mental health treatment of any type, and nothing we post is supposed to provide or act as a substitute for professional advice or medical treatment. As a visitor, you acknowledge, agree, and accept that, while we have extensive experience living a ketogenic lifestyle and will continue to learn more about it, we are not medical professionals. Our Website intends to contribute resources for the keto diet, discusses and offers recommendations, provides low carb recipes, as well as educational services only, and the content herein is for general information purposes. Reviewing the information on this Website or following Keto Macros on social media does not make you a patient or client, nor is any coach-client relationship being established. We don’t have the necessary insight into your or your loved one’s specific circumstance or condition. We are not aiming to replace or substitute a personalized consultation with a licensed expert with our content. Keto Macros content made available through our postings, products, programs, and services do not replace personal coaching, therapy healing, medical advice, or counseling. Nothing on this site intends to serve as a medical diagnosis, treatment, service, or other evaluation. By viewing this Website, you acknowledge and accept that it does not provide medical advice, counseling or therapy services, or one-on-one coaching services. We do not intend to diagnose or treat any mental or physical medical disorders, nor is our Content a substitute for getting specialized expert advice for yourself or someone else.
- Please keep in mind that this is not a dietitian or nutritionist website. Keto Macros honestly chronicles, discusses, and shares experiences on this Website. Nothing expressed here is professional advice, and you should seek professional guidance before undergoing any diet or exercise program.
- You understand and agree that our Website and Content produced are not to be relied upon in any way as professional advice. Nothing on this Website, in our Content, or in anything we distribute intends to replace professional advice from a doctor, dietitian, nutritionist, therapist, counselor, accountant, financial adviser, business consultant, lawyer, or other specialists regarding the specifics of your situation. You are encouraged to consult with your private professionals for any questions about your particular condition or concern regarding business, financial, legal, medical, or nutritional questions, or any qualified professional that may address your situation.
- Your decision to visit our Website, engage with our Content, and use the material contained herein is entirely voluntary. You acknowledge that we are not responsible or liable for any harm or damage you or your business may suffer due to your direct or indirect use of materials or Content on our Website. You agree to hold Keto Macros blameless from any losses incurred directly or indirectly due to your use of the available material on our Website or Content, and you agree not to bring any claims against us or the company hereunder.
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Technology Disclaimer
- By using our Website, you understand and agree that Keto Macros makes no guarantees or warranties regarding the condition of the Website, including functionality, the existence of viruses, or other components that may harm users’ computers, uninterrupted use, constant access, and availability, and the like.
- We will make every effort to keep our Website available at all times; nevertheless, the Website may sporadically become unavailable for maintenance, updates, “crashing” or overuse, or any other reason, known or unknown to you, and you accept that this may occur without notice. If this happens, you understand, agree, and accept that we are not responsible for any damages, losses, business interruption, or other inconvenience you may have as a direct or indirect result of our Website’s unavailability. We do not owe you an explanation, refund, or any reimbursement, nor do we owe you an obligation to keep our Website online, and you agree to check our Website at a later period to see when it has been relaunched.
- At any time, with or without notice, we may unilaterally decide to modify or discontinue all or part of our Website, Content, or any component thereof, and such material may become unavailable as a result. The Website, all Content, and any available products are provided “as is,” with no additional attachments or warranties. You understand and agree that we are not obligated to continue operating all or part of our Website, any Content, or any specific products being offered for sale, nor shall we be liable for any direct or indirect harm to your business or personal self as a result of a decision to alter, remove, or change Content without notice.
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Information You Provide
- To receive access to our email list, you may need to supply information about yourself, such as your name, email address, and other personal information. To complete an order, you will need to provide payment information and a billing address. To obtain access to some Content, you may be asked to register an account by creating a username and password on our Website. Please bear in mind that you are solely responsible for remembering your login and password. Remember that you are responsible for the consequences if you choose to share this private information with anyone.
- You accept and understand that any information you provide to us is voluntarily provided. By choosing to give us this information, you agree and represent that any information you provide to us via the Website or a third-party payment processor is correct, current and that it belongs to you. You recognize that you may not pose as someone else or use someone else’s information, and you agree to take responsibility for the repercussions if you misrepresent yourself or use someone else’s information as your own.
- You also accept that regardless of the information provided at checkout, you are financially responsible for any purchases made through our Website by you or another person acting on your behalf. Suppose information becomes available later, proving you used a credit card or other payment information belonging to someone other than yourself. In that case, you acknowledge and agree that you are solely accountable for any transactions made via our Website.
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Online Purchases
- You acknowledge that if you choose to make a payment through our Website, our payment processing company and we may collect information provided from you during your purchase, including your name, address, credit card information, payment method, billing information, and other personally identifiable information. We do not keep complete credit card numbers or payment information; instead, we use third-party processors, like Paypal or Stripe, to handle transactions.
- You also understand and agree that any information provided by you is true and accurate, to be relied upon by our team in processing payment and delivering our products to you and us. Should your payment fail to process, we reserve the right to withhold the purchased material from you unless and until payment is rendered in full.
- Limitations of Liability: We shall take appropriate safeguards and measures to keep personal information private. While we will make every effort to prevent third-party hacking or malicious access to confidential information held by us, you agree that we are not responsible for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. While we practice several precautions to safeguard the information we collect and prevent misuse, unauthorized access, or disclosure, you acknowledge that we cannot be held liable if an unauthorized third-party has access to our data without our permission. You realize that if our Website gets hacked, these unauthorized parties may access your data. You accept and agree that we are not liable for any such acts and that you will hold us blameless should your information be intercepted in this way without our knowledge, authorization, or consent, including a release of any and all claims connected to the unauthorized party’s use of such information. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
- You also acknowledge and agree that we have no responsibility or liability for policies of third-party payment processing companies we select and use to facilitate purchases through our Website. By utilizing these payment processors, you indemnify us and instead assume any and all risk or liability for the security of the payment data and agree to be held by the third-party payment processor’s policies. When you process a transaction on our Website, please note you are subject to the terms and conditions, policies, and guidelines of the payment processing company, in addition to ours. We encourage you to visit the payment processing company’s website and read through their policies for more information. You agree to release us and the selected payment processing company from any damages you incur due to this process and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.
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Indemnification
- You agree at all times to defend, fully indemnify and hold Keto Macros and any affiliates, agents, team members, or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or Content contained therein, as well as any third-party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website, Content, or any breach by you of any such conditions outlined herein. You agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge, if we are required to defend ourselves in any action directly or indirectly involving you, or if we determine that your participation or assistance would benefit our defense.
- We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material and (2) agree not to take any action against us based upon the Content posted by the third party. You understand we cannot be responsible for material posted by a user without our control and agree to release us of any and all claims that may arise.
- Should you choose to utilize the information offered on our Website, whether free or for purchase, you understand that we are not liable to any party for any damages – whether direct, indirect, consequential, foreseeable, incidental, or otherwise – stemming or perceived to stem from the use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurred due to your reliance or use of information on our Website written by a third party, whether endorsed or not by us. You agree to release us from any and all claims stemming from or perceived to arise from reliance on our Website or Content information.
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Limitation of Liability
- You understand and agree that the information offered via the Website is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information or purchase any products or services offered on our Website is purely voluntary. Should you choose to purchase products or services via our Website, you understand and agree that we may not know your personal and specific situation in full and have no way of knowing particular applicability to your life or business. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or business due to choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use the information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result. You agree that we are not liable for any such damages or losses incurred from there.
- You understand and agree that Keto Macros is not responsible for any direct or indirect damages arising from your use of our Website, Content, any information contained therein, any injuries sustained, or medical ailments that occurred as a direct or indirect outcome of implementing information found on Website, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You agree that your decision to use our Website is entirely at your own risk and voluntarily chosen by you and that any consequences that follow are solely your responsibility. You also agree that we are not liable or responsible for any losses incurred by you or your business, such as revenues, clients, business, goodwill, income, anticipated gain, predicted change, sales numbers, loss of a sale, data, computer failure, computer virus obtained through use of our Website, technical glitch or failure, defect or delay, or any other similar issue.
- You also understand and agree that we make no warranties, express or implied, and disclaim any such warranties, guarantees, or representations with respect to any portion of our Website, the Content herein, Content distributed via email lists, social media, webinars, or material purchased through our Website. By using the Website, you acknowledge and accept that you are accessing the Content and information at your own risk, with no guarantees, representations, or warranties as to fitness for a specific purpose, accuracy, or otherwise.
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Release of Claims
- You agree that under no circumstances will we be liable to any party for any type of damages resulting from or claiming to result from any use of or reliance on our Website or any information or Content found therein. As a result, you release us from any and all claims, whether known now or discovered in the future.
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Termination
- You acknowledge and agree that we reserve the right to refuse or terminate your access to our Website and Content at any time, for any reason, with or without notice. We owe you no explanation if this happens, and this decision is not subject to any appeals or legal action. If you made any purchases and we find that you are entitled to receive or continue to use the purchased material, we will make it available to you in the manner that we feel is appropriate and that you agree satisfactory.
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Dispute Resolution
- Jurisdiction:This Agreement, including any dispute arising out of it, is governed by the laws of California, without consideration to conflict-of-law provisions. You agree to resolve any claim or controversy arising out of or connected to these Terms & Conditions through Arbitration and/or a suitable Alternative Dispute Resolution in Orange County, California, regardless of your location, and to be bound by the decision(s) of the appointed Mediator. You also undertake to participate in the mediation process in good faith, with failure to do so giving us the right to pursue any other legal remedies available to us, including but not limited to alternative dispute resolution or litigation.
- If an arbitrator rules that any part of these Terms & Conditions is invalid or unenforceable, you agree that the remaining sections of these Terms & Conditions will remain valid and unaffected.
- With the exception of any separate agreements, including Terms of Use, entered into by your decision to purchase any products available on our Website, these Terms & Conditions constitute the entire agreement between us concerning your use of our Website and Content and supersede any other agreement. Nothing on our Website, Content, or in any of our communications should be interpreted as a waiver of any of the above terms, nor shall we waive any portion of these Terms & Conditions unless we otherwise clearly state specifically in writing.
Please thoroughly read and review the above Terms & Conditions.
Your use of www.KetoMacros.com constitutes full and absolute acceptance and agreement to these Terms & Conditions.
Please contact [email protected] with any questions or concerns about our Website, Content, or our policies & your rights herein.