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.
- INTRODUCTION
1.1. 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.
1.2. 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.
1.3. 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.
1.4. Please read our Privacy Policy carefully before using our Services. - 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:
a) Agreement
Agreement for providing Services and/or Goods concluded online by the Company
and you.
b) Client
user of the Company’s Services and/or the buyer of Goods as explained in this
Agreement.
c) Company
shall mean Health Fundation sp. z.o.o ul. Jaśminowa 12 Poland 16-315 Lipsk
NIP:8461667686
d) Offer
the offer to enter into this Agreement of Services and/or Goods provided by Company
to you through the Website or Mobile app.
e) Privacy Policy
the privacy policy of the Company published on the Website or Mobile app.
f) 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.
g) Digital content
individual digital meal plans and/or other digital content sold from time to time online
by the Company.
h) Goods
supplements and/or other products in physical form sold online by the Company.
i) 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.
j) Website
the website of the Company available at theketo.diet.
k) Mobile app
Not available yet
- ACCOUNT MANAGEMENT
2.1. While you may make purchases without creating an account with us, creating
an account may make you benefit from some Subscription and Promotion Services.
2.2. To create an account, you must complete the Site registration process with a
username and password (the “Account”).
2.3. To register with us, we collect personal information from you.
2.4. 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.
2.5. 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.
2.6. 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.
2.7. Any use of the Site through your Account will be deemed as being used by
you.
2.8. The Company is entitled to rely on the contact and other information that is
supplied to us through your Account.
2.9. Your Account is NON-TRANSFERABLE and NON-ASSIGNABLE.
- SUBMISSION OF THE OFFER
3.1. The Company will provide you with a possibility of receiving an Offer.
3.2. 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.
3.3. Upon submission of the information, you will be provided with the Offer. The
Offer will include information on the following:
a) payment amount for the relevant Services and/or Goods;
b) payment options: via credit card or other allowable payment forms;
c) other information the Company finds important to include in the Offer.
3.4. 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
4.1. The Distance contract will be concluded at the moment when you accept the
Offer
4.2. 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.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. You furthermore agree that:
a) You shall not access Services (including for purchasing Goods) if he/she is under
the age of 18;
b) 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.
- PAYMENTS
5.1. During the period of validity indicated in the Offer, the price for the Services
and/or Goods being offered will not increase.
5.2. You agree to:
a) pay all additional costs, fees, charges, applicable taxes, and other charges that
can be incurred by you;
b) purchase Services and/or Goods by using valid credit card or other allowed form
of payment;
c) 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.
5.3. 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.
5.4. 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.
5.5. All prices and costs are in USD unless otherwise indicated.
5.6. The Company reserves the right to revise our prices relating to the goods and
services we offer at any time.
5.7. 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.
5.8. 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.
5.9. Your payments are processed by Health Fundation sp. z.o.o ul. Jaśminowa 12
Poland 16-315 Lipsk NIP:8461667686
5.10. 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.
5.11. 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.
5.12. 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
6.1. In order to ensure that you do not experience an interruption or loss of
Services, the Services are offered on automatic renewal.
6.2. 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.
6.3. 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.
6.4. 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.
6.5. 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.
6.6. 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.
6.7. 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
7.1. 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).
7.2. Once a refund is issued, you no longer have the access to Company’s product
(either Digital content or Goods).
7.3. All refunds are applied to the original method of payment.
7.4. By purchasing Services, you agree to this refund policy and relinquishes any
rights to subject it to any questions, judgment, or legal actions.
7.5. 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
8.1. 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.
8.2. 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.
8.3. 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.
8.4. 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
9.1. 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.
9.2. 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.
9.3. Unless expressly otherwise provided, you must not use any Digital content
except for personal, non-commercial purposes.
9.4. 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.
9.5. 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.
9.6. 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.
- 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. - LIABILITY
13.1. 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 CLIENTS USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY. 13.2. 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) CLIENTS
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].
13.3. 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.
13.4. Liable company:
Health Fundation sp. z.o.o ul. Jaśminowa 12 Poland 16-315 Lipsk NIP:8461667686
13.5. 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.
13.6. 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
14.1. BEFORE TRYING MEAL PLAN BASED DIET AND/OR GOODS BY THE
COMPANY, YOU SHOULD CONSULT WITH HIS/HER HEALTHCARE
SERVICE PROVIDER.
14.2. 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
15.1. 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.
15.2. The Company may terminate the relationship with you at any time in the
following cases:
a) you do not agree with the Agreement;
b) you commit any breach of the Agreement;
c) 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
16.1. 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.
16.2. 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.
16.3. 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
17.1. 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.
17.2. 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.
17.3. You may request a copy of this Agreement or any other contractual document
by contacting support@theketo.diet
17.4. The communication with you will be made in Polish or English unless the
Company and you agree to communicate in another language.
17.5. You may contact us at any time by sending a message to support@theketo.diet
- DISPUTE RESOLUTION
18.1. 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.
18.2. Informal Dispute Resolution. You agree to participate in informal dispute
resolution before filing a claim against the Company.
18.3. Any complaints in relation to the Company and the Services provided to you
should be addressed to the Company by contacting support@theketo.diet
18.4. Any complaints in relation to the Goods provided to you should be addressed
to Max Nutrition UAB by contacting support@theketo.diet.
18.5. Any complaints in relation with subscriptions, refunds, and chargebacks for
the Goods and Services, should be addressed to by contacting support@theketo.diet.
18.6. 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.
18.7. 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.
18.8. 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.
18.9. 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.
18.10. 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.
- MISCELLANEOUS
19.1. No person other than you shall have any rights under this Agreement.
19.2. 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.
19.3. 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.
19.4. 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.
19.5. 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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