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KetoCharge Terms of Use & Conditions of Sale

Effective: May 1, 2019

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 ("Product") is sold by KetoCharge. All references herein to "we," "us," or


"our" refers to KetoCharge.

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.

CLASS ACTION WAIVER


There shall be no right or authority for any claim to be arbitrated on a class action basis
or in a purported representative capacity. No claim submitted to arbitration is heard by
a jury or may be brought as a private attorney general. You do not have the right to act
as a class representative or participate as a member of a class of claimants with respect
to any claim submitted to arbitration. The arbitrator may not consolidate more than one
person's claims against KetoCharge and may not preside over any kind of
representative or class proceeding against KetoCharge. You acknowledge that this class
action waiver is material and essential to the arbitration of any disputes between the
parties and is nonseverable from the agreement to arbitrate claims. If any portion of
this class action waiver is limited, voided, or cannot be enforced, then the parties'
agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY
AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS
AGAINST KetoCharge IN AN INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR
REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A
PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND
CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT
TO GET A REFUND, NOT USE THE PRODUCT OR WEB SITE, AND RETURN THE
PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE
PRODUCT.

CREDIT CARD DECLINES


In the event a credit card transaction declines, after product has been shipped or
received, and you have not exercised your cancellation rights per the terms and
conditions, we reserve the right to reprocess the transaction in full. This includes the
right to resubmit the charge on or about every two (2) days from the original declined
transaction date and up to three (3) additional attempts thereafter.

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.

RECURRING SHIPPING PROGRAM


Unless you cancel at least one (1) business day before the end of the trial period or
Subscription Term, our recurring shipping program will ship you a fresh thirty (30) day
supply of the Product two (2) days after you place your trial order and approximately
every thirty (30) days thereafter. We will attempt to collect the full subscription amount
of $93.47 if the customer's credit card is declined on the subscription day. You may
cancel your enrollment in the recurring shipping program at least one (1) business day
before the expiration of the trial period or Subscription Term by contacting customer
service. See customer service contact information below.

RETURN AND REFUND POLICY


During Trial Period
Once an order has been submitted your credit card will be charged. Our ordering
process is streamlined so your order will immediately be sent to processing and then
shipping. Due to the high volume of orders we receive we will be unable to cancel an
order after submitted. If you are within the (14 days) trial period and would like to
cancel, you will be required to contact customer service to obtain a Return Merchandise
Authorization (RMA) number, return the product at your own expense and pay a $9.95
restocking fee.

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.

PRODUCT RETURN ADDRESS:

Fulfillment Center
Attn: KetoCharge Returns
11551 E. 45th Avenue, Unit C Denver, CO 80239, United States

AFTER TRIAL PERIOD


We do not accept returns or provide refunds for any shipments made after the trial
shipment. You can contact our customer service department at least one (1) business
day before the end of each Subscription Term to cancel your enrollment in the recurring
shipping program and avoid further charges.

** 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.

DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF


WEB SITE
We make no warranty of any kind regarding the web site, the trial offer, the recurring
shipping program, or any product or service available on this web site, each of which is
provided on an "as is" and "as available" basis. We expressly disclaim all warranties,
including implied warranties of merchantability, fitness for a particular purpose, title,
non-infringement, and those arising by statute or otherwise in law or from a course of
dealing or usage of trade. We are not responsible or liable for any warranty,
representation, or guarantee, express or implied, in fact or in law, relative to the web
site, the trial offer, the recurring shipping program, or any product or service offered on
this web site, including without limitation that they will be error-free, or as to the
accuracy, completeness and timeliness of any content or information distributed with
respect to them. Some states do not allow the limitation of liability and disclaimer of
implied warranties, so the disclaimers and limitations above may not apply to you.

MODIFICATION OR SUSPENSION OF WEB SITE


You agree that KetoCharge, in its sole and absolute discretion, may make, and at any
time, modify, alter, discontinue, or suspend its operation of this web site, or any part
thereof, temporarily or permanently, without notice to you, and you agree
that KetoCharge will not be liable for the consequences of doing so.

WEBSITE AUDIENCE
This web site is intended for adults only and not for anyone less than 18 years of age.

OWNERSHIP AND PROTECTION OF INTELLECTUAL PROPERTY


The web site and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio, and the
design, selection and arrangement thereof), are owned by KetoCharge, its licensors or
other providers of such material and are protected by the United States and
international copyright, trademark, patent, trade secret, and other intellectual property
or proprietary rights laws. These Terms permit to use the web site and order Product
for your personal, non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our web site, except to store copies
of such materials in RAM incidental to your accessing and viewing those materials or
store files that are automatically cached by your Web browser for display enhancement
purposes.

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.

LIMITATION ON TIME TO FILE CLAIMS


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OR THE WEBSITE MUST BE ASSERTED IN AN ARBITRATION PURSUANT
TO THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES,
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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.

WAIVER AND SEVERABILITY


No waiver of by the Company of any term or condition set forth in these Terms shall be
deemed a further or continuing waiver of such term or condition or a waiver of any
other term or condition, and any failure of the Company to assert a right or provision
under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent


jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the
Terms will continue in full force and effect.

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