TERMS AND CONDITIONS

February 3, 2023

TERMS AND CONDITIONS

 

These TERMS AND CONDITIONS (“Terms”) are entered into between Health Foundation Sp. z o.o including its affiliates (collectively, “Company”, “Us”, or “Our”), and the visitor (“you”). You agree that by accessing our website, you have read, understood, and agreed to be bound by all of these Terms of Use. YOU ARE OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING AND USING THE SERVICES OF THE COMPANY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

  1. INTRODUCTION 
    1. Before the Distance contract is concluded, you will be provided with the text of this Agreement electronically or in other durable formats. If this is not reasonably possible, the Company will indicate, before the distance contract is concluded, in what way this Agreement is available for  your review at the Company`s premises and that they will be sent free of charge to you, as soon as possible, at  your request.

 

  1. This Agreement contains a mandatory arbitration provision, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

 

  1. Your access to and use of the Website is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures on collecting, using, and disclosing your personal information when you use the Program or the Site and tells you about your privacy rights and how the law protects you.

 

  1. Please read our Privacy Policy carefully before using our Services.

 

  1. DEFINITIONS

 

Some terms are defined in the introductory part of this Agreement. Unless this Agreement provides otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:

 

  1. Agreement

Agreement for providing Services and/or Goods concluded online by the Company and you.

 

  1. Client

user of the Company’s Services and/or the buyer of Goods as explained in this Agreement.

 

  1. Company

shall mean Health Fundation sp. z.o.o ul. Jaśminowa 12 Poland 16-315 Lipsk NIP:8461667686 

 

  1. Offer

the offer to enter into this Agreement of Services and/or Goods provided by Company to you through the Website or Mobile app.

 

  1. Privacy Policy

the privacy policy of the Company published on the Website or Mobile app.

 

  1. Services

the Digital content provided by the Company to you as well as the accessibility to the Website or Mobile app, including information, text, images offered or provided there.

 

  1. Digital content

individual digital meal plans and/or other digital content sold from time to time online by the Company.

 

  1. Goods

supplements and/or other products in physical form sold online by the Company.

 

  1. Distance contract

a contract concluded between the Company and you within the framework of a system organized for the distance sale of Digital content and/or Goods.

 

  1. Website

the website of the Company available at theketo.diet.  

 

  1. Mobile app

Not available yet

 

  • ACCOUNT MANAGEMENT

 

  1. While you may make purchases without creating an account with us, creating an account may make you benefit from some Subscription and Promotion Services. 
  2. To create an account, you must complete the Site registration process with a username and password (the “Account”). 

 

  1. To register with us, we collect personal information from you.

 

  1. You are responsible for safeguarding the password you use to access the Service and any activities or actions in your account. You may not share your password with anyone except authorized employees. 

 

  1. You must always provide accurate, current, and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. 

 

  1. 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 trademark 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.

 

  1. Any use of the Site through your Account will be deemed as being used by you.

 

  1. The Company is entitled to rely on the contact and other information that is supplied to us through your Account. 

 

  1. Your Account is NON-TRANSFERABLE and NON-ASSIGNABLE.

 

  • SUBMISSION OF THE OFFER

 

  1. The Company will provide you with a possibility of receiving an Offer.

 

  1. You will be asked to provide certain information before receiving the Offer by choosing provided options or typing requested details. You are obliged to provide current, correct, and comprehensive information that is requested to be provided.

 

  1. Upon submission of the information, you will be provided with the Offer. The Offer will include information on the following:
  1. payment amount for the relevant Services and/or Goods;
  2. payment options: via credit card or other allowable payment forms;
  3. other information the Company finds important to include in the Offer.

 

  1. Accepting the Offer

 

You accept the Offer once you tick the box “I agree with the Terms & Conditions”. 

Once you agrees with the Terms & Conditions, you will be required to press the button “Submit”.

 

  • DISTANCE CONTRACT

 

  1. The Distance contract will be concluded at the moment when you accept the Offer 

 

  1. As you will accept the Offer electronically, the Company will confirm receipt of acceptance of the Offer electronically. In case you purchase Digital content, such will be provided to your e-mail address provided by you or on the Mobile app.

 

  1. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND YOU CONSISTS OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM YOU AGREE TO LOSE HIS/HER RIGHT OF WITHDRAWAL FROM THE AGREEMENT.

 

  1. The Company makes reasonable efforts to ensure that Services operate as intended, however, such Services are dependent upon the internet and other services and providers outside of the control of the Company. By using Company`s Services, you acknowledge that the Company cannot guarantee that Services will be uninterrupted, error-free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime, or other failures. You expressly assume the risk of using or downloading such Services.

 

  1. From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Services does not entitle you to the continued provision or availability of the Services.

 

  1. You furthermore agree that:
  1. You shall not access Services (including for purchasing Goods) if he/she is under the age of 18;
  2. You will deny access of Services to children under the age of 18. You accept full responsibility for any unauthorized use of the Services by minors.

 

  1. PAYMENTS

 

  1. During the period of validity indicated in the Offer, the price for the Services and/or Goods being offered will not increase. 

 

  1. You agree to:
  1. pay all additional costs, fees, charges, applicable taxes, and other charges that can be incurred by you;
  2. purchase Services and/or Goods by using valid credit card or other allowed form of payment;
  3. provide Company current, correct and comprehensive information as detailed in the purchase order form. If Company discovers or believes that any information provided by you is not current, inaccurate, or incomplete, the Company reserves the right to suspend the Service and/or delivery of Goods at its sole discretion and you forfeit any right to refund the paid amount.

 

  1. After you are transferred to the third party payment service provider, the risk of loss or damages will pass to you and/or third party service. Your online credit or debit card payments to the Company will be handled and processed by a third-party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third-party payment services. The Company may change the third-party payment service provider from time to time.

 

  1. Accordingly, please note that, you shall be fully responsible for credit card fraud occurring in connection with a purchase. Accordingly, you will compensate us for any loss and all costs related thereto.

 

  1. All prices and costs are in USD unless otherwise indicated. 

 

  1. The Company reserves the right to revise our prices relating to the goods and services we offer at any time.

 

  1. All Goods remain Company’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from the Company.

 

  1. All transfers conducted through the Company are handled and transacted through third-party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

 

  1. Your payments are processed by Health Fundation sp. z.o.o ul. Jaśminowa 12 Poland 16-315 Lipsk NIP:8461667686 

 

  1. Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer’s own expense.

 

  1. We may only use your Transaction Information to further a transaction related to this Agreement, in accordance with the terms of the Agreement, any Privacy Policy in existence between the parties to this Agreement, and applicable Law. 

 

  1. The foregoing does not prevent us from using information we gathered independent of the services we provide herein, if we do not target communications based on the intended recipient being the Company’s customer.

 

  • AUTOMATIC RENEWAL

 

  1. In order to ensure that you do not experience an interruption or loss of Services, the Services are offered on automatic renewal.

 

  1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. For example, if your last service period is for one year, the renewal period will typically be for one year.

 

  1. Unless you cancel the subscription, Company will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service in your account.

 

  1. The Company may change the subscription plans and the price of the Services from time to time. Renewals will be charged at Company’s then-current rates, which Client acknowledges and agrees may be higher or lower than the rates for the original service period.

 

  1. IF YOU DO NOT WISH FOR SERVICE TO AUTOMATICALLY RENEW, you may elect to cancel the subscription at least 48 hours before the end of the current period, in which case, the Services will be terminated upon expiration of the then-current term unless he manually renews the Services prior to that date.

 

  1. If you have purchased the subscription on the Company’s website, you will not be able to control it through the Apple App Store or Google Play. Instead, Instead, Client may easily cancel the subscription by logging in to the Users Account on Companies website or contacting the support team by support@theketo.diet.

 

  1. If you have purchased the subscription through the Apple App Store or Google Play, you might cancel the subscription only through his Apple or Google Account. You understand that deleting the app does not cancel the subscriptions.

 

  • REFUND POLICY

 

  1. The Company follows a no refund policy unless the product (either Digital content or Goods) is proven to be not as described or faulty. In such cases, you must contact our customer support at support@theketo.diet within 14 days upon delivery and provide detailed information proving Company’s product (either Digital content or Goods) fault (with visual proof attached).

 

  1. Once a refund is issued, you no longer have the access to Company’s product (either Digital content or Goods).

 

  1. All refunds are applied to the original method of payment.

 

  1. By purchasing Services, you agree to this refund policy and relinquishes any rights to subject it to any questions, judgment, or legal actions.

 

  1. The Company will not be responsible for the refund or reshipping the order to the other address if you didn’t provide correct or full delivery or contact information (including delivery address, email address).

 

  • INTELLECTUAL PROPERTY RIGHTS

 

  1. As between Company and Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights in or to related to the Services and Services-related content are owned by the Company.

 

  1. You must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, or publish or otherwise make available the Services including but not limited to Digital content, in whole or in part without Company’s prior written consent.

 

  1. You hereby grant to the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty‑free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. “User Content” means any User Trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that you upload, transmit, or submit through the Services, or that other users upload or transmit. By uploading, transmitting, or submitting any User Content, you affirm, represent and warrant that such User Content and its uploading, transmission, or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that you have permission from any third-party whose personal information or intellectual property is comprised or embodied in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.

 

  1. No part of this Agreement is or should be interpreted as a transfer of intellectual property rights in relation to the Services or Services-related content, except as expressly set forth in below.

 

  • USE OF DIGITAL CONTENT

 

  1. All intellectual property rights are owned by the Company. Digital content is licensed pursuant to this Section and is not sold. You will only be granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license, subject to the terms and conditions of this Agreement, to use (solely for your individual use) any Digital content provided by Company to you.

 

  1. The term of this license shall be for a term of 5 years from the date of you receiving the applicable Digital content, unless earlier suspended or terminated in accordance with this Agreement.

 

  1. Unless expressly otherwise provided, you must not use any Digital content except for personal, non-commercial purposes.

 

  1. You must not edit, reproduce, transmit or lend the Digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in this Section by the Company.

 

  1. The Company may impose restrictions on the scope of the license or the number of devices or types of devices on which Digital content can be used.

 

  1. If you violate this Section, the Company may suspend access to the relevant Digital content, without limiting any of Company’s rights or remedies under this Agreement or applicable law, including Company’s right to recover from you the loss suffered as a result of or in connection with the infringement including any expenses incurred.

 

  • SALE OF DIGITAL CONTENT PROHIBITED

 

You are prohibited from selling, offering for sale, sharing, renting out or lending Digital content, or copies of Digital content.

 

  • PRIVACY POLICY

 

The processing of Client’s personal data is governed by the Privacy Policy. It is recommended for you to print and keep a copy of the Privacy Policy together with this Agreement.

 

  1. INDEMNITY

 

You will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your breach of this Agreement or use of the Services, or your violation of any law or the rights of a third party in conjunction with your breach of this Agreement or use of the Services.

 

  1. LIABILITY

 

  1. INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND HE/SHE SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON IFORMATION CONTAINED IN THE WEBSITE OR MOBILE APP, INCLUDING INFORMATION RECEIVED THROUGH CLIENT`S USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY.

 

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES OR MOBILE APP, (iv) CLIENT`S RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU RELATING TO HIS/HER USE OF THE SERVICES EXCEED [ENTER AMOUNT].

 

  1. A party to the Agreement shall be released from responsibility for non-fulfilment if it proves that this Agreement was not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). You must provide written notification of the occurrence of force majeure, which prevents the fulfillment of this Agreement, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform you about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.

 

  1. Liable company:

Health Fundation sp. z.o.o ul. Jaśminowa 12 Poland 16-315 Lipsk NIP:8461667686 

 

  1. Due to the nature of Services and/or Goods that the Company provides and as the Company cannot control your adherence to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services and/or Goods.

 

  1. When using Services you may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. These are provided “as is”. You acknowledge and agree that the Company is not responsible for the operation of such links. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials that may be accessed through such links and therefore you agree that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, services available on or through any such websites or mobile apps.

 

  • MEDICAL DISCLAIMER

 

  1. BEFORE TRYING MEAL PLAN BASED DIET AND/OR GOODS BY THE COMPANY, YOU SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.

 

  1. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING HIS OWN HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER.

 

  • VALIDITY AND TERMINATION

 

  1. This Agreement is effective after you accept and electronically express your consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.

 

  1. The Company may terminate the relationship with you at any time in the following cases:
  1. you do not agree with the Agreement;
  2. you commit any breach of the Agreement;
  3. you do not provide the information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.

 

  • CHANGES TO AGREEMENT

 

  1. This Agreement, Privacy Policy, and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time and such changes shall be effective immediately upon posting to the Company’s Website or Mobile App.

 

  1. All amended Agreement, Privacy Policy, and any additional terms and conditions will be posted online. The Company may give notice to you of any upcoming changes by sending an email to the primary email address provided by you or notifying through the Website or Mobile app.

 

  1. You understand and agree that any continued use and access to the Services after any posted updates of the Agreement, means that you voluntarily agree to be bound by this Agreement. If you do not agree to be bound by the updated Agreement, you should not use (or continue to use) the Services.

 

  • COMMUNICATION

 

  1. In general, the Company prefers communication by e-mail. By accepting this Agreement, you accept communication by e-mail. For this purpose, you are requested to have a valid e-mail address and provide it when filling required information. The Company may publish information related to this Agreement or Services on the Website or Mobile app as well. You should check your e-mail messages as well as information provided on the Website or the Mobile app regularly and frequently. E-mails may contain links to further information and documents.

 

  1. Where applicable laws require the provision of information on a durable medium, the Company will either send you an email with an attachment or send you a notification referring to the Services with a download function to retain such information and documents permanently for future reference. It is your responsibility requested to keep copies of all communications from the Company.

 

  1. You may request a copy of this Agreement or any other contractual document by contacting support@theketo.diet 

 

  1. The communication with you will be made in Polish or English unless the Company and you agree to communicate in another language.

 

  1. You may contact us at any time by sending a message to support@theketo.diet 

 

  • DISPUTE RESOLUTION

 

  1. Governing Law. This Agreement is governed by the laws of Poland without regard to its principles of conflicts of law, and regardless of your location.

 

  1. Informal Dispute Resolution. You agree to participate in informal dispute resolution before filing a claim against the Company.

 

  1. Any complaints in relation to the Company and the Services provided to you should be addressed to the Company by contacting support@theketo.diet 

 

  1. Any complaints in relation to the Goods provided to you should be addressed to Max Nutrition UAB by contacting support@theketo.diet

 

  1. Any complaints in relation with subscriptions, refunds, and chargebacks for the Goods and Services, should be addressed to by contacting support@theketo.diet.  

 

  1. Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgment to the e-mail address from which the complaint has been received. We will consider the complaint and respond to you within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, you or Company may bring a formal claim.

 

  1. Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You and Company agrees that you and Company are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.

 

  1. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.

 

  1. You may opt-out of this agreement to arbitrate by emailing support@theketo.diet with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

 

  1. The arbitration will be administered by the European Centre of Arbitration and Mediation Centre under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at www.theketo.diet.The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Client or Company that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the European Centre of Arbitration and Mediation Centre or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of the relevant law enforcement agencies and, if the law allows, they can seek relief against us for you. 

 

  1. MISCELLANEOUS

 

  1. No person other than you shall have any rights under this Agreement.

 

  1. Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under this Agreement in full or in part to any third party.

 

  1. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

  1. THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SERVICES. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

 

  1. BY USING OR ACCESING THE SERVICES, CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

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