Keto Primo, LLC (“KP”)
- Your access and use of this Site or any of its features, including without limitation any email links or any articles, descriptions, forms or templates, documents, notices, or other written content (collectively, and together with the information contained therein, “Content”) found on the Site;
- Any and all rights or obligations relating to arising from the Site, the Content, and your access or use of the Site and Content, and
- Any and all communications or transmissions of information made by
(i) you to KP, or (ii) KP to you relating to or arising from your access or use of the Site or any of its features, until and to the extent that you are expressly informed otherwise by KP or you and KP have an operative, executed engagement letter in place.
These Notices and Terms, together with any disclaimers, terms, or conditions you encounter on the Site (which are incorporated into these Notices and Terms), may be amended at any time by KP from time to time without specific notice to you. The latest version of these Notices and Terms will always be posted on the Site, and when we amend or update these Notices and Terms (as we may do from time to time), we will update the date listed above.
THESE NOTICES AND TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THE NOTICES AND TERMS, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND KP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
1. NOTICES1.1. No Medical Advice, Opinion, or Services. The Site and the Content, including without limitation Content regarding medical issues and developments, is provided for general informational purposes only, and is not intended to, and does not, constitute medical advice, medical opinion, or medical services under any circumstances. Because legal advice cannot be given without consideration of all relevant information relating to your particular circumstances, you should never consider any Content a substitute for advice from qualified counsel or a basis for any decision, action, or inaction whatsoever. Further, KP does not guarantee that any Content is accurate, comprehensive, or up-to-date, and expressly disclaims any warranties with respect to such Content. The Content may not reflect recent developments in the law or apply to your specific jurisdiction or set of facts or circumstances. Your use
1.2. No Confidentiality. You acknowledge and agree that, unless you and KP have a valid mutual non-disclosure agreement in place, any email, voicemail, telephone call, or other communication from you to KP or any of its employees, whatever the nature of such communication, shall not be treated as confidential. If you do not have a valid mutual non-disclosure agreement in place with KP, you should not communicate or transmit to us any information of a sensitive, confidential, or proprietary nature, as KP makes no guarantees or representations regarding the security, use, disclosure, or return of any information or communication received from you, absent an independent, explicit agreement between you and KP. In any case, given the inherent insecurity of email communication and the Internet, KP cannot guarantee, and assumes no responsibility for, the integrity or confidentiality of any unencrypted email you send to KP.
4. PERMITTED USES; LIMITED LICENSES.
4.1. Copyright in Site and Content. The Site and Content are protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, KP grants you a limited, nonexclusive, personal license to access, view, download and print the Content solely for noncommercial and informational purposes. You may not modify the Content in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Content. KP reserves the right in its sole discretion to edit or delete any Content or other information appearing on the Site.
4.2. Marks and Domain Name. KP does not grant to you any rights in its marks. Although you may link to any publicly available page on the Site, you agree to immediately remove any such link upon KP’s written request.
5. DISCLAIMER WARRANTIES. THE SITE AND CONTENT IS PROVIDED TO YOU "AS IS." YOUR ACCESS TO AND USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW, KP DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATION, TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. THE SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS. TO THE EXTENT PERMITTED BY LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, KP DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE AND ANY CONTENT.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL KP OR ITS AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00, WHICH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST KP AND THE AFOREMENTIONED PERSONS AND ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. THIRD PARTY SITES. To the extent that KP links to, or otherwise presents, third party websites and information on the Site, such links or presentations do not constitute an endorsement by KP of any such third party information or such third parties. KP does not monitor or verify, is not responsible for, and assumes no liability with respect to any third-party content.
8. ARITRATION. You agree that any legal controversy or legal claim arising out, relating to, or connected with these Notices and Terms, the Site, or any Content, other than claims brought by KP to collect or recover damages for, or obtain an injunction relating to, intellectual property ownership or infringement, will be resolved by binding, individual arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego County, California, and in accordance with the “Governing Law” Section below. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY OTHERWISE HAVE HAD TO A TRIAL BY JURY, OR TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST KP, INCLUDING ANY CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR ANY PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. This arbitration provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on any award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Notices and Terms. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of these Notices and Terms, the Site, or any Content must be filed within one (1) year after such claim of action arose or be forever banned.
9. MISCELLANEOUS. You agree that any dispute arising out of or in connection with the Site, the Content, or these Notices and Terms will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify KP and lawfully destroy all copies of such information in your possession. You may contact KP with questions or concerns about the Site at firstname.lastname@example.org.
These Notices and Terms are the entire agreement between you and us with respect to the Site and Content, and supersede any prior or contemporaneous communications and proposals between you and us with respect to the Site. If any provision of these Notices and Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Notices and Terms will otherwise remain in full force and effect and enforceable. 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. KP shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Notices and Terms are not assignable, transferable or sublicensable by you except with KP’s prior written consent. KP may assign, transfer or delegate any of its rights and obligations hereunder without your consent. The section and paragraph headings in these Notices and Terms are for convenience only and shall not affect their interpretation.