Last Updated: April 16th, 2020
TERMS AND CONDITIONS
The following document outlines the terms of use of the Our Ketogenic Life and New You Weight Loss and Nutrition C-corp websites ourketogeniclife.com and fatburnersacademy.com. You can also read our Privacy Policy at https://fatburnersacademy.com/privacy-policy, which outlines our practices towards handling any personal information that you provide to us.
Before using any of the Our Ketogenic Life and New You Weight Loss and Nutrition C-corp products/services, you are required to read, understand and agree to these terms.
The legal agreements set out below govern your use of Our Ketogenic Life and New You Weight Loss and Nutrition C-corp (“products/services”). By using Our Ketogenic Life and New You Weight Loss and Nutrition C-corp products/services you agree to these terms, as such may be amended from time to time at Our Ketogenic Life and New You Weight Loss and Nutrition C-corp’s absolute discretion. If you do not agree to these terms, you are not authorized to use our products/services.
ACCEPTANCE OF TERMS
The web pages available at ourketogeniclife.com and fatburnersacademy.com, and all linked pages (“sites”), are owned and operated by Kevin Davis and is accessed by you under the Terms and Conditions described below (“Terms”).
Please read these terms carefully before using our products/services. By accessing the site, viewing any content or using any services available on the site you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.
DESCRIPTION OF PRODUCTS
Our Ketogenic Life and New You Weight Loss and Nutrition is a C-Corp. that offers several products and services. Products include, but are not limited to, any product, service, and/or content that Our Ketogenic Life and New You Weight Loss and Nutrition C-corp makes available to you, as well as the offering of any materials displayed, transmitted or performed on the site to through the Products/Services.
Your access to and use of the site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the site or any other reason within or outside the control of Our Ketogenic Life and New You Weight Loss and Nutrition C-corp. Our Ketogenic Life and New You Weight Loss and Nutrition C-corp reserves the right to amend, suspend or discontinue the availability of the site and/or any product and/or remove any content at any time at its sole discretion and without prior notice.
REGISTRATION
As a condition to using our products, you are required to have an account with Our Ketogenic Life and New You Weight Loss and Nutrition C-corp and provide registration information. The registration information you provide must be accurate, complete, and current at all times.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Do not reveal you account information to anyone else.
You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify Our Ketogenic Life and New You Weight Loss and Nutrition C-corp of any security breach of your account. Our Ketogenic Life and New You Weight Loss and Nutrition C-corp shall not be responsible for any losses arising out of the unauthorized use of your account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Our Ketogenic Life and New You Weight Loss and Nutrition C-corp account.
Products and services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has purchased the Our Ketogenic Life and New You Weight Loss and Nutrition C-corp product/service hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
PAYMENT
You agree that you will pay for the product/service, and that Our Ketogenic Life and New You Weight Loss and Nutrition C-corp may charge your payment method for any products purchased according to the amount clearly advertised.
Prices for the products may change at any time at Our Ketogenic Life and New You Weight Loss and Nutrition C-corp’s sole and exclusive discretion.
USE OF PRODUCTS
You agree not to access our products by any means other than through software that is acceptable to Our Ketogenic Life and New You Weight Loss and Nutrition C-corp. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Kevin Davis and Our Ketogenic Life and New You Weight Loss and Nutrition C-corp, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the site and the services.
You hereby agree to indemnify and hold harmless Kevin Davis and Our Ketogenic Life and New You Weight Loss and Nutrition C-corp, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Products, by you or any person acting on your behalf or using your account or Our Ketogenic Life and New You Weight Loss and Nutrition C-corp username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall Kevin Daivs or Our Ketogenic Life and New You Weight Loss and Nutrition C-corp be liable to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor with respect to the site, the products or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
You understand that your sole remedy for any damages you allege have been sustained as a result of the products/services is to cancel your subscription or client retainer.
KEVIN DAVIS AND OUR KETOGENIC LIFE AND NEW YOU WEIGHT LOSS AND NUTRITION C-CORP, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY OUR KETOGENIC LIFE AND NEW YOU WEIGHT LOSS AND NUTRITION C-CORP OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY
Our Ketogenic Life and New You Weight Loss and Nutrition C-corp, ourketogeniclife.com, fatburnersacademy.com, and other Our Ketogenic Life and New You Weight Loss and Nutrition C-corp graphics, logos, designs, page headers, button icons, scripts, product names and any other intellectual property are the sole and exclusive intellectual property of Our Ketogenic Life and New You Weight Loss and Nutrition C-corp. Our Ketogenic Life and New You Weight Loss and Nutrition C-corp’s intellectual property may not be used in connection with any product or service without the prior written consent of Our Ketogenic Life and New You Weight Loss and Nutrition C-corp.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email ourketogeniclife@gmail.com.
Our Ketogenic Life and New You Weight Loss and Nutrition C-corp accepts support requests via email 24/7, but requires 48 hours to resolve a particular support request.
Your requests are subject to approval by Our Ketogenic Life and New You Weight Loss and Nutrition C-corp.
THIRD-PARTY MATERIALS
Certain products and content available may include materials from third parties. Our Ketogenic Life and New You Weight Loss and Nutrition C-corp may provide links to third-party websites as a convenience to you. You agree that Our Ketogenic Life and New You Weight Loss and Nutrition C-corp is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Kevin Davis and Our Ketogenic Life and New You Weight Loss and Nutrition C-corp is not in any way responsible for any such use by you.
LIFETIME ACCESS AND REASONABLE USE.
The term “lifetime access” is subject to a reasonable duration clause. The definition of reasonable duration is determined by Our Ketogenic Life and New You Weight Loss and Nutrition C-corp management, at its sole and exclusive discretion. Our Ketogenic Life and New You Weight Loss and Nutrition C-corp management retains the sole and absolute discretion to delete a product or suspend membership access, if we deem necessary.
"Lifetime access" = "Access for the duration of the total existence of the product or service"
TERMINATION & CANCELLATION
Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our products and give us feedback on how we can serve you better.
After a cancelation request is processed, your account and product access will be deleted.
Our Ketogenic Life and New You Weight Loss and Nutrition C-corp may terminate or suspend any and all Products/Services and/or your Our Ketogenic Life and New You Weight Loss and Nutrition C-corp account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Products/Services will immediately cease. If you wish to terminate your Our Ketogenic Life and New You Weight Loss and Nutrition C-corp account, you must contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the support page https://fatburnersacademy.com/support or email ourketogeniclife@gmail.com to issue a termination request.
REFUNDS
We offer a "30-Day No Questions Asked Money Back Guarantee" on all of our products/services.
CHANGE
Our Ketogenic Life and New You Weight Loss and Nutrition C-corp reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Our Ketogenic Life and New You Weight Loss and Nutrition C-corp will notify you by posting an announcement on the site. What constitutes a material change will be determined at Our Ketogenic Life and New You Weight Loss and Nutrition C-corp’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any product or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Our Ketogenic Life and New You Weight Loss and Nutrition C-corp in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Our Ketogenic Life and New You Weight Loss and Nutrition C-corp shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Our Ketogenic Life and New You Weight Loss and Nutrition C-corp’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Our Ketogenic Life and New You Weight Loss and Nutrition C-corp may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of the United States of America, as if made within the state of Kentucky between two residents thereof, the parties submit to the exclusive jurisdiction of Kentucky courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
