This website (the “Site”) is owned and operated by Keto Nutritionist, LLC, (“KN,” “we,” or “us”). By using the Site, you agree to be bound by these Terms of Use (“Terms”) and to use the Site in accordance with these Terms, our Privacy Policy, our Refund Policy (stated below), and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from us. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms. Likewise, by accessing, downloading, or using the products and services offered on the Site, whether or not you register as a member, or purchasing tickets to attend events, such as the Keto Symposium, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on the Site. By continuing to use the Site after we post any such changes, you accept the Terms as modified. If you object to any changes to the Terms, your only remedy is to contact us at support@theketonutritionist.com and immediately discontinue your use of the products and services.

When using the Site, products, and services, you may be given access to Facebook groups, other online or in-person forums, or events (“Community”) in which you may post comments, photos, messages, or other material (“Your Content”). When posting Your Content, you agree that you will not post or otherwise publish through this Site or the Community any content that:

- is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory, or otherwise objectionable;

- harasses, degrades, intimidates, or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
includes personal or identifying information about another person without that person’s consent;

- constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites, and internet platforms, except as otherwise expressly permitted by us;

- impersonates any person or entity;

- includes any material, non-public information about companies without authorization to do so;

- includes any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); or

- violates our Code of Conduct or Community Guidelines.

The Site and Community are spaces for learning and are pitch-free, solicitation-free, and sales-free environment. While using the Site and contributing to the Community, you may not:

- contact anyone who has asked not to be contacted;

- collect personal data about other users for commercial or unlawful purposes;

- infringe other user’s privacy rights;

- violate the intellectual property of others;

- violate or attempt to violate the security of the Site or our system or network security;

- attempting to interfere with the function of the Site, the Service, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing,” “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services

- post anything that contains software viruses, worms, or any other harmful code; or
use manual or automated software, devices, script robots, other means or processes to access our Site, Community, or any related data or information.

Our Limited License to You.

Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software, FAQs, and other content) available on the Site (collectively, “KN Content”) are the copyrighted works of KN and its licensors, and KN and its licensors expressly retain all right, title, and interest in and to the KN Content, including, without limitation, all intellectual property rights therein and thereto. In addition to KN Content, the Service may contain information and materials provided to us by third parties (collectively, “Third-Party Content”). Third-Party Content is the copyrighted work of its owner, who expressly retains all right, title, and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms, Third-Party Content may also be subject to different or additional terms of use and privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different or additional terms of use and privacy policies applicable to Third-Party Content.

Except as expressly permitted in these Terms, your use of the KN Content may violate copyright and other applicable laws. We grant you the limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to use the KN Content and Third-Party Content (collectively, “Site Content”) by displaying the Site Content on your web-enabled device, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education, or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter, or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute, or publicly display any of the Site Content, (v) you do not copy any Site Content to any other media or other storage format, and (vi) you otherwise comply with these Terms. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of our intellectual property rights.

Your License to Us.

By posting or submitting Your Content or other materials (including, without limitation, comments, blog entries, feedback, photos, and videos) to us via the Site, Community, or to any of our staff via email, mail, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material and (ii) that you are eighteen (18) years of age or older. In addition, when you submit, email, text, deliver, or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights and unless otherwise specified, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate in our sole discretion.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to KN as of the time of their creation. KN shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as KN determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey, and transfer to KN all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title, and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material that are reproductions of prior works by you shall be co-owned by us.
You acknowledge that KN has the right but not the obligation to use and display any postings or contributions of any kind in its sole discretion, and that KN may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever

Limitations on Linking and Framing.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property

Any virtual or in-person events hosted by us will be referred to as “Events”. Events are strictly for adults aged 18 years old and up. We reserve the right to exclude you from any Event should you, in our sole determination, become disruptive.

We may, from time to time and in our sole discretion, record and otherwise document Events (collectively, the “Recordings”). You hereby waive any and all legal rights you may have against us in respect of such Recordings of your participation in the event and grant to us the absolute right and permission to copyright and use, reuse, and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in color or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied. You hereby release, discharge, and agree to hold us harmless from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication. You acknowledge and understand that you are not permitted to make any of your own recordings at any Event. In the unlikely event that we cancel an Event, you will receive a full refund of the purchase price paid for your ticket to the Event.

Throughout the Site, we may provide links and pointers to other sites and services maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through such sites. In addition, neither we nor our affiliates operate or control, in any respect, any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not KN. Neither KN nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, KN neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized KN representative while acting in his, her, or its official capacity.

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY KN AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless KN, its affiliates, and each of their successors, transferees, assignees, and licensees, as well as their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that KN shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

This Site may include a variety of features, such as blog posts, forums, and email services, which allow feedback to us and real-time interaction between users, and other features that allow users to communicate with others. Responsibility for what is posted on blogs posts, forums, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

- restrict or inhibit any other user from using and enjoying the Site.

- use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

- interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.

- use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

- gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

- use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

- use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

- use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.

- use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.

- use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express prior written approval.

- gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

KN may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats, or other public forums in the future. KN and its designated agents may each, in their sole discretion, remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by KN staff, KN’s contributors, or by users not connected with KN, some of whom may employ anonymous usernames. KN expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of KN or any of its subsidiaries or affiliates.
KN has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code, and country. In addition, if you elect to sign-up for a particular feature of the Site, such as one of our Inner Circle memberships, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of your account’s login credentials and are responsible for all activities (whether by you or by others) that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your login credentials or other account information.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR BLOGS, COMMENTS OF OTHERS, FORUMS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE ASSOCIATED PRODUCTS, SERVICES, AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND KN MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS, AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTHCARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE.

We may cancel or terminate your right to use the Site or any part of the Site at any time, with or without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.

Your purchase of a product, service, or ticket to an event may or may not provide for any refund. Each specific product, service, event, or membership will specify its own refund policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by KN infringe your copyright, you or your agent may send to KN a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon KN actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to KN a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.copyright.gov/legislation/dmca.pdf for details. KN’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@theketonutritionist.com.

These Terms, including the Privacy Policy and any executed Membership Agreement between you and KN, constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms supersede all prior or contemporaneous discussions, proposals, and agreements between you and KN relating to the subject matter hereof. No amendment, modification, or waiver of any provision of these Terms by you will be effective unless in writing and signed by an officer of KN.

These Terms shall be binding upon and inure to the benefit of KN and our respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned without the prior written consent of KN. Notwithstanding the foregoing, all rights and obligations under these Terms may be freely assigned by KN to any affiliated entity.

These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Connecticut, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

All disputes shall be governed by and construed in accordance with the laws of the State of Connecticut and any dispute shall be subject to binding arbitration in Connecticut.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

No waiver of rights by us may be implied from any actions or failures to enforce rights under these Terms. These Terms are intended to be and are solely for the benefit of KN and you, and do not create any right in favor of any third party. If any clause within these Terms is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of the Terms will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court of competent jurisdiction.