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Last updated on June 3, 2019

Terms & Conditions

Introduction 

Welcome to myabsoluteketo.com. This website is owned and operated by Absolute Keto. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

BY PLACING AN ORDER THROUGH THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLACE AN ORDER FROM THIS SITE. THESE TERMS GOVERN AND APPLY TO YOUR ACCESS TO AND USE OF THIS WEB SITE AND ITS RELATED DOMAINS ON WHICH THIS DOCUMENT APPEARS AND ANY ORDER YOU PLACE THROUGH THIS WEB SITE AND WEB SITES ON WHICH THE DOCUMENTS APPEARS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS.

This agreement is in effect as of June 12, 2018. 

We reserve the right to change this User Agreement from time to time with notice. We will give 48 hour notice of changes to agreement. No changes will be enforceable unless mutually agreed upon by both parties. 

Arbitration Agreement

You and Absolute Keto agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us relating to our web site, the services provided through our web site, any transaction or relationship between us resulting from your use of our web site, communications between us, or the purchase, order, or use of Absolute Keto services and/or products, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. You and Absolute Keto further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, Absolute Keto will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Absolute Keto in writing and provided a copy of the arbitration proceedings. However, if Absolute Keto is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Absolute Keto, including the filing fee.

Class Action Waiver

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Absolute Keto and may not preside over any kind of representative or class proceeding against Absolute Keto. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST ABSOLUTE KETO IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND, NOT USE THE PRODUCT OR WEB SITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.

AUTO SHIPMENTS AND BILLING

We are confident you will see the benefits of using our Keto products with our 1 month, 3 month, 5 month, and 7 month offers. Upon ordering, your credit card provided will be charged for the amount shown based upon the package of product ordered (1 month, 3 months, 5 months, or 7 months). If you contact customer service to terminate your enrollment in the membership program, you will not receive any additional product and you will not be charged anything else per the Terms & Conditions. Otherwise, your card provided will be charged after 30 days thereafter unless you call 888-321-3823 to cancel before its charged. Your enrollment date is the date that you submit your order (today). All orders are shipped within one business day of order via USPS.

You authorize to initiate debit/credit entries to your credit card as indicated upon enrollment. This authority is to remain in full force and effect until You cancel Your auto shipment.

If Your payment is not approved by credit card within 60 days of the due date, Your Subscription will be suspended. If You wish to cancel and not be billed, You must call toll- free 888-321-3823. You expressly agree to the automatic 30-day billing set forth herein. You expressly agree to honor all charges and fees due in association with this Subscription(s).

PAYMENT AUTHORIZATION

Credit Card Billing Customer expressly agrees that if Customer pays by credit card, check or demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card."

Recurring Shipping Program

Unless you cancel at least one (1) business day before the end of the Subscription Term, our recurring shipping program will ship you a fresh 30 day supply of the Product two (2) days after you place your initial order and approximately every thirty (30) days thereafter. You may cancel your enrollment in the recurring shipping program at least one (1) business day before the expiration of the Subscription Term by contacting customer service. See customer service contact information below.

Return and Refund Policy

To obtain a refund for products purchased, you must contact customer service and obtain instructions to return your product supply. Our customer service will issue you a Return Merchandise Authorization ("RMA") number. You must write the RMA number clearly on the outside of your return package and send the return shipment to the following address:

Fulfillment House
4956 W 6200 S, STE 523
Kearns, UT 84118

You are responsible for paying all costs related to shipping the product supply back to us using the RMA number.

Please note that we do not accept or process packages marked "Return to Sender" or that do not otherwise have the RMA number marked clearly on it.

Customer Service

To cancel and avoid further charges for your products shipment and/or to cancel enrollment in the auto delivery program, contact our customer service department by phone at (888) 321-3823.

Responsible Use and Conduct 

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. 

Wherein, you understand that: 

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. 

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. 

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. 

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. 

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. 

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. 

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: 

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Iii. Contains any type of unauthorized or unsolicited advertising;

Iiii. Impersonates any person or entity, including any myabsoluteketo.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. 

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Absolute Keto, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy. 

i. Each Party agrees to indemnify, defend and hold harmless the other Party, its Affiliates and its and their respective directors, officers, members, employees, agents and partners from and against any and all out-of-pocket liabilities, damages, losses and expenses, including reasonable attorneys’ fee, arising out of or related to a third-party claim or proceeding to the extent it is based upon an allegation that, if true, would constitute a breach of the indemnifying Party’s representations and warranties in this Agreement.  The indemnifying Party's indemnification obligations are conditioned upon the indemnified Party:  (i) giving prompt notice to the indemnifying Party of the claim or action; (ii) granting to the indemnifying Party sole control of the defense or settlement of the claim or action (except that the indemnified Party’s prior written approval will be required for any settlement that reasonably can be expected to impose a material obligation upon, or materially prejudice or detrimentally impact, the indemnified Party in any way); and (iii) providing reasonable cooperation and, at the indemnifying Party’s request and expense, assistance in the defense or settlement of the claim or action.

Privacy 

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here. 

Limitation of Warranties 

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that: 

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Absolute Keto or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability 

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Absolute Keto will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. 

Copyrights/Trademarks 

All content and materials available on myabsoluteketo.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Absolute Keto, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Absolute Keto. 

Termination of Use 

You agree that we may, at our discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. 

Governing Law 

This website is controlled by Absolute Keto from our offices located in the state of DE, US. It can be accessed by most countries around the world. As each country has laws that may differ from those of DE, by accessing our website, you agree that the statutes and laws of DE, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in US, DE You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

Guarantee 

UNLESS OTHERWISE EXPRESSED, ABSOLUTE KETO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

Product Return Address

Fulfillment House
4956 W 6200 S, STE 523
Kearns, UT 84118

Contact Information 

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Absolute Keto
63 E 11400 S
Sandy, UT 84070
United States 

[email protected]
888-321-3823