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BY PLACING AN ORDER THROUGH THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLACE AN ORDER FROM THIS
SITE. THESE TERMS GOVERNS AND APPLY TO YOUR ACCESS TO AND USE OF THIS
WEB SITE AND ITS RELATED DOMAINS ON WHICH THIS DOCUMENT APPEARS, ANY
ORDER YOU PLACE THROUGH THIS WEB SITE AND WEB SITES ON WHICH THE
DOCUMENTS APPEARS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND
CLASS ACTION WAIVER. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR
LEGAL RIGHTS.
KetoCharge will use the information you provide to process and ship your orders
(including disclosing your name and address to fulfillment houses and delivery services
such as UPS or USPS); to contact you about the status of your orders; create an
account for later use so that you do not need to re-enter the information; and as
otherwise indicated by our web site's Privacy Policy.
ARBITRATION AGREEMENT
You and KetoCharge 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 relating to our web site, the services provided through our web site,
any transaction or relationship between us resulting from your use of our web site,
communications between us, or the purchase, order, or use of KetoCharge services
and/or products, 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. You and KetoCharge further
agree that any determination regarding the applicability, enforceability, or validity of
this arbitration agreement will be made by the arbitrator, not by any court. 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, 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
arbitration by visiting the AAA website at www.adr.org, or by calling AAA at
(800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually
select another arbitration forum. If you initiate arbitration, KetoCharge will promptly
reimburse you for any standard filing fee which may have been required under AAA's
Procedures once you have notified KetoCharge in writing and provided a copy of the
arbitration proceedings. However, if KetoCharge is the prevailing party in the
arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs
to KetoCharge, including the filing fee.
TRIAL OFFER
The 14 (fourteen) day trial offer for Product includes enrollment in our recurring
shipping program, which is subject to the terms described below.
The 14 (fourteen) day trial period starts after the date that you place your order.
Transit time may take an estimated two(2) to three(3) business days. However, we do
not guarantee arrival dates or time.
Customer Service Representative have the right to modify and offer price changes to
the product. If there are any questions, please feel free to contact our friendly and
professional customer service representatives at 1-855-669-3991 during our hours of
operation.
You must contact customer service at least one (1) business day before the end of
the 14 (fourteen) day trial period to cancel and make arrangements to return the trial
supply to avoid paying for the trial supply and continuing in our recurring shipping
program. See customer service contact information below. If you do not contact
customer service to cancel at least one (1) business day before the end of the 14
(fourteen) day trial period, we will charge $93.47 USD, which includes shipping and
handling, the day after the trial period ends to the card you provided at checkout and
you will continue with the recurring shipping program. Approximately every 30
(thirty) days after the trial period ("Subscription Term"), we will automatically
charge $93.47 USD to the same card you provided when you signed up for the trial
offer. Please note that we calculate the 14 (fourteen) day trial period and Subscription
Term in calendar days (Monday thru Sunday), not business days.
Please note that we do not accept, or process packages marked "Return to Sender" or
that do not otherwise have the RMA number marked clearly on it.
Fulfillment Center
Attn: KetoCharge Returns
11551 E. 45th Avenue, Unit C Denver, CO 80239, United States
** any refund issued may take 5 - 10 business days. It will be refunded to the original
payment form.
CUSTOMER SERVICE
To cancel and avoid further charges for the trial shipment and/or to cancel enrollment
in the auto delivery program, contact our customer service department by phone at 1-
855-669-3991
PRIVACY POLICY
Please review our online privacy policy for information about our collection and use
practices with respect to your personal information provided through use of this site.
LIMITATION OF LIABILITY
By placing a trial order, or participating in the recurring shipping program, you agree
that we and our owner(s), parent, subsidiaries, affiliates, agents, representatives, and
employees will have no liability whatsoever for any injuries, losses, claims, damages or
any special, exemplary, punitive, indirect, incidental or consequential damages of any
kind, whether based in contract, tort, strict liability or otherwise, resulting from any use
of the web site, the trial offer, the recurring shipping program, or any product or service
offered on this web site, any failure or delay by us in connection with the web site, the
trial offer, the recurring shipping program, or any product or service offered on this web
site, the performance or non-performance of the web site, the trial offer, the recurring
shipping program, even if we have been advised of the possibility of damages. This
disclaimer of liability applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation,
computer virus, communications line failure, theft or destruction, or unauthorized
access to, alteration of, or use of your information. Notwithstanding this disclaimer, if
we are found liable for any loss or damage which arises out of, or is in any way
connected with, any of the occurrences described in this paragraph, then our liability
will in no event exceed, in total, the sum of $100.00 USD.
CONTENT DISCLAIMER
The information on the web site is intended solely as a general educational aid. It's not
intended as a substitute for professional advice and services from a qualified healthcare
provider familiar with your unique facts. Always see the advice of your physician or
other qualified healthcare provider regarding any medical condition before using the
Product.
WEBSITE AUDIENCE
This web site is intended for adults only and not for anyone less than 18 years of age.
The company and any product names, such as KetoCharge, and all related names,
logos, products and service names, design and slogans are trademarks
of KetoCharge or its affiliates or licensors. You must not use such marks without the
prior written permission of KetoCharge. All other names, logos, product and services
names, designs and slogans on this web site are the trademarks of their respective
owners.
INDEMNIFICATION
You agree to indemnify and hold harmless KetoCharge, its affiliates, licensors and
service providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees
(including reasonable attorneys' fees) arising out of or relating to your violation of these
Terms or your use of the Product, including, but not limited to any use of the web site's
content, services and products other than as expressly authorized in these Terms or
your use of any information obtained from the web site.
GOVERNING LAW
The laws of the State of Wyoming, without regard to its conflict of law principles, will
govern these Terms.
GEOGRAPHIC RESTRICTIONS
We provide this web site for use only by persons located in the United States. We make
no claims that the web site or any of its content is accessible or appropriate outside of
the United States. Access to the web site may not be legal by certain persons or in
certain countries. If you access the web site from outside the United States, you do so
on your own initiative and are responsible for compliance with local laws.
ENTIRE AGREEMENT
These Terms make up the entire agreement between us and you relating to the this
web site and the products or services offered herein and replace any prior
understandings or agreements (whether oral or written) regarding the web site the
products or services. If any of these Terms shall become invalid or unenforceable, the
remaining terms shall remain in full force and effect.