Terms of Service

Terms of Service

Last Updated: November 11, 2025

Overview

This website is operated by Keto-Check, Inc (d/b/a Keto-Mojo, “Keto-Mojo”, “we”, “us” and “our”). This Terms of Service inform you of the terms, conditions, disclaimers, notices, policies, and agreements (collectively, “Terms”) which set forth the basic rules that govern your access and use of this website, and all services, tools, technology, products, features, and mobile apps available from this site to you that direct to these Terms (together, the “Services”).

By visiting and using our site and/ or purchasing something from us, you engage in our “Service” and YOU AFFIRMATIVELY ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND KETO-MOJO. YOUR CONTINUED ACCESS AND USE OF THE SERVICE ARE CONDITIONAL ON YOUR ACCEPTANCE OF AND CONTINUED COMPLIANCE WITH THE TERMS SET OUT BELOW. . These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS IF YOU ARE LOCATED OUTSIDE THE EU. IN SUCH CASE, YOU AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE,  DISPUTES BETWEEN YOU AND KETO-MOJO ARISING OUT OF OR RELATED TO THESE TERMS WILL BE RESOLVED BY MANDATORY BINDING, ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE (SECTION 16).

Section 1 – Using Our Services

a. General Informational Purposes Only

Keto-Mojo is not a health care provider. The information provided by Keto-Mojo is for purposes of providing general wellness information only and is not intended to provide medical advice, diagnosis, treatment, or recommendation regarding medication. The Content (defined below) and Services (including any advice, analysis, or predictions we provide to you) are for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible if information made available through our Services is not accurate, complete or current. Use of the information on our Services are at your own risk. If you require medical, health care or other professional advice, you should consult with and engage a qualified, licensed professional, authorized to provide such professional services in your particular jurisdiction. Keto-Mojo disclaims any liability for any injury or other damages resulting from the review or use of any information obtained from our Services.

This Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THE SERVICES AND CONTENT ARE PROVIDED BY KETO-MOJO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KETO-MOJO (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. KETO-MOJO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

b. Emergencies

Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or your local emergency number or go to the nearest open clinic or emergency room. If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or your local emergency number or notify appropriate police or emergency medical services.

c. Representation and Age Restriction

You may only use the Service if you are legally authorized to enter into and agree to these Terms. Any use or access by anyone under the age of 13 is not allowed. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use the Services. When you use the Services as a registered user, you represent that:

• you are at least 18 years of age and a “natural person” in your country of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, or, if you are between 13 and 18 years of age, your parents or legal guardians have reviewed these Terms with you to ensure that you both understand it;
• the information you submit is truthful and accurate;
• your use of the Service do not violate any applicable laws or regulations; and
• you will comply with the rules governing prohibited uses in Section 2 and User Content in Section 4 below.

Notwithstanding the foregoing, if you are a resident of the EU and you are between 13 and 18 years of age, you must have your parent or legal guardian’s consent to use the Services.

d. User Account

You can visit and browse the Service as a guest without registering a User Account, but you will not be able to purchase products from our online store or access some features, which require you to create an account (“User Account”). If you become a registered user of the Service, you will be required to create a username that will be associated with your User Account. You may only create one username that will be associated with your User Account. You may not: (i) select or use as username a name of another person with the intent to impersonate that person; (ii) use as username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as username a name that is otherwise offensive, vulgar or obscene. We may reject, or require that you change, any such username or password, in our sole discretion. You agree that you are responsible for all activities under your User Account, and for maintaining the confidentiality of your password and restricting access to your devices so that others may not access our Services in violation of these Terms. You may not use another person’s User Account. Each time you use a password or identification, you will be deemed to be authorized to access, confirm your agreement on the updated Terms of Service from time to time, and use the Services in a manner consistent with these Terms. Keto-Mojo has no obligation to investigate the authorization or source of any such access or use of the Services. You will be solely responsible for all access to and use of the Services by anyone using the password and username assigned to you whether or not such access to and use of the Services is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and username assigned to you. You agree to immediately notify Keto-Mojo of any unauthorized use of your password or username or any other breach or threatened breach of the Services’ security that you become aware of involving or relating to the Services. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your User Account, including, without limitation, terminating your User Account, changing your password or requesting information to authorize transactions on your User Account.

Section 2 – Prohibited Use of the Services

While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited to, or assist any other persons to:

1. use our products for any illegal, unlawful, or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts;
2. upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
3. attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party’s use of the Services, including any security components;
4. post or transmit executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism;
5. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Services or the Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of this Services;
6. use the Services for any commercial purpose;
7. misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated any other natural person that is not you);
8. use the Services or any Content or User Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people; ;
9. upload, post, email, share, or otherwise transmit any material to either Keto-Mojo or a third-party platform (including social media) that may be harass, disparage, or otherwise limit another user’s use or enjoyment of the Services;
10. post or generate User Content or use the Services that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
11. post or generate User Content or use the Services that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
12. post or generate User Content or use the Services which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
13. send spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
14. post or generate User Content or use the Services in such a way that damages the image or rights of Keto-Mojo, other users or third parties
15. intentionally or unintentionally perform or promote any activity that would violate any applicable local, provincial/state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing the Services

In addition, you are prohibited from using the Services or its Content:

• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• to submit false or misleading information
• to collect or track the personal information of others
• to spam, phish, pharm, pretext, spider, crawl, or scrape
• for any obscene or immoral purpose
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet

Section 3 – Intellectual property rights

a. Keto-Mojo Content

The Services contain material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). Keto-Mojo expressly reserves all rights to Content. No Content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of Keto-Mojo, except that you may download or print a limited number of copies of the Services for your personal, noncommercial, home use only, provided you keep intact all copyright and other proprietary notices. The Content may be owned by us or may be provided through arrangements with others, including other users of the Services or third party content providers. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

1. Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your web browser for display enhancement purposes.
3. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
4. If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any Content from the Services;
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or,
• Access or use for any commercial purposes any part of the Services or any Content available through the Services.
• Use Content to create external product listings for resell or to create an appearance of a relationship with Keto-Check Inc. in the absence of a written agreement.

b. License Granted by Keto-Mojo

Subject to your compliance with these Terms, Keto-Mojo offers you a limited, non-exclusive, non-transferable, non-sub licensable license to access the Services and to access, download, and make personal and non-commercial use of Content available on through the Services. Except as expressly authorized by Keto-Mojo, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content. For information on requesting such permission, please contact us using the contact information listed in the “Contact Us” section.

You may only use the Services and Content as permitted by law. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by Keto-Mojo, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Service or the Content. Keto-Mojo reserves the right to refuse service, terminate accounts, and/or cancel subscription in its discretion, including, without limitation, if we believe that user conduct violates these Terms, violates applicable law or is harmful to our interests.

Section 4 – User Generated Content

a. User Content

Some of our services allow you to upload, submit, store, send or receive through our Services information or content (“User Content”). You retain ownership of all User Content you submit, post, display, or otherwise make available via the Services. You agree, represent and warrant that you have all rights necessary to submit the User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

b. License Granted by You

By submitting, displaying, posting, publishing or uploading any User Content, including information, text, graphics or other materials, using the Services, you grant Keto-Mojo and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (“Licensed Parties”) a non-exclusive, fully-paid, royalty-free, irrevocable, transferable, perpetual, worldwide, fully sublicensable and unrestricted right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from, distribute, host, store, run, adapt, edit, translate, and/or otherwise use such User Content in any manner to be determined in the Licensed Parties’ sole discretion, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion. You will not receive any compensation of any kind for the use of User Content. You also grant to other users of the Services a non-exclusive, fully-paid, royalty-free, and perpetual license to access your Content during the course of their use of the Services as authorized herein.  In addition, You grant Keto-Mojo a non-exclusive license to use any User Content for research or academic purposes, where Keto-Mojo may redistribute, publish, or cause the publication of anonymized copies of User Content in research papers or academic papers. This license you grant to Keto-Mojo lasts for as long as User Content is protected by intellectual property rights. Content in violation of these Terms may be removed without notice.

Section 5 – Modifications to the Service and Prices

Service availability, price and time-related information appearing on the Services are subject to change without notice. Keto-Mojo is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Services before acting in reliance on such terms. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 6 – Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We may, from time to time, host, conduct, support, or affiliate the Keto-Mojo Services with sweepstakes, promotions, contests, giveaways, or other reward opportunities (collectively “Contests”). Such Contests shall be governed by additional terms, and may be subject to limitations based on your location. Keto-Mojo reserves the right to limit, suspend, or cancel any Contest without notice.

Section 7 – No Resale, Accuracy of Billing & Account Information

The Services we provide, including our products sold through the Services,  are intended for the end-user or consumer, and you agree to not resell or offer products for resale, or use the Service for purposes of resale. We reserve the right to refuse to fulfill any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to refuse to fulfill any orders that, in our sole judgment, appear to be placed by unauthorized resellers. Repeated violation of these terms can result in cancellations of orders already placed, termination of your account, or other remedies authorized by law.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If you fail to promptly update any of the foregoing information, you agree that we may continue charging you for any use of the Service under your billing account unless you have terminated your Service.

For more detail, please review our Returns Policy.

Section 8 – Third Party Links, Content, and Tools

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services, tools, or hyperlinks appear on or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Third-party products and services represented on the Services are not necessarily endorsed or recommended by Keto-Mojo and we disclaim all responsibility regarding the performance or the use of third-party products and services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Section 9 – Personal Information

Our collection, use, and disclosure of personal information through the Service is governed by our Privacy Policy. View our Privacy Policy here. The Privacy Policy also contains important information about how we may communicate with you

Section 10 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 11 – Copyright Infringement Notices

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to support@keto-mojo.com with the Subject Line “DMCA Notice”, and include the following:

• Identify the copyrighted work that you claim has been infringed;
• Identify the material or link on our Services that you claim is infringing your copyrighted work;
• Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
• Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Keto-Mojo or others.

Section 12 – Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. KETO-MOJO ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, KETO-MOJO, ITS AFFILIATED ORGANIZATION, AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITES OR IN CORRESPONDENCE WITH KETO-MOJO OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES ARE PROVIDED BY KETO-MOJO “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND KETO-MOJO OR ITS LICENSORS OR SUPPLIERS. TO THE EXTENT SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

Section 13 – Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KETO-MOJO AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF OPPORTUNITY, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (ii) ANY CONDUCT BY OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, (iii) ANY CONTENT OBTAINED FROM THE SERVICE, (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, (v) ACTIONS APPROVED BY YOU WITHIN THE USE OF OUR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KETO-MOJO EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO KETO-MOJO IN RELATION TO THE USE OF THE SERVICES, IF ANY, IN THE PAST SIX MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT KETO-MOJO HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

Nothing in these Terms affects your statutory rights. IF YOU ARE A RESIDENT FROM THE EU OR THE UK, THE EXCLUSION OF OR LIMITATIONS OF OUR LIABILITY OR ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER MAY NOT APPLY TO YOU. For those users, if Keto-Mojo fails to comply with these Terms, Keto-Mojo is responsible for injuries to life or health or for loss or damage you suffer as a result of Keto-Mojo’s intentional or gross negligent breach of these Terms or for loss or damage that is a foreseeable result of Keto-Mojo’s slight negligence breach of these Terms, but Keto-Mojo in such case shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach, or it was contemplated by you or Keto-Mojo at the time we entered into these Terms.

Section 14 – Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless Keto-Mojo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents they incorporate by reference, (b) your violation of any law or the rights of a third party; (c) your activities in connection with our Services; or (d) the User Content or other information you provide to us through the Services. Keto-Mojo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Keto-Mojo defense of such claim

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Keto-Mojo harmless from any and all liability that may incur therefore.

Section 16 – Dispute Resolution

PLEASE READ THIS SECTION 16 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 16 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. THIS SECTION 16 DOES NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EU.

“Disputes” means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.

a. Initial Dispute Resolution

We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any Dispute with the Keto-Mojo services, you agree to first contact us by email at support@keto-mojo.com or by mail at Keto-Check, Inc., 952 School Street, Napa, California 94559, to attempt to resolve the Dispute with us informally regarding any concerns you may have about your use of the Services. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The Notice of Dispute also must explain the facts of the Dispute as you understand them and tell us what you want us to do to resolve the issue. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations, and you agree that a Notice of Dispute containing all of the information required above, followed by at least sixty (60) days of good faith negotiation, shall be a precondition to either party initiating a lawsuit or arbitration. A Notice of Dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant Notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the Notice of Dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal Dispute resolution process required by this paragraph.

b. Agreement to Binding Arbitration

In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60) days from the time initial Dispute resolution is pursued pursuant to Section 16(a) above, then either you or we may initiate binding arbitration. Except for any Disputes excluded below in Section 16(d), or in the event of a Mass Arbitration (as defined below) as described in Section 16(e), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Unless you and Keto-Mojo agree otherwise, the arbitration will be conducted in the county where you reside; but the arbitration may be conducted through, and the parties may attend via video conference, telephonic hearing, or document submission.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and Keto-Mojo will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce.

c. Class Action and Class Arbitration Waiver

You and Keto-Mojo each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 16(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

d. Exceptions

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief (i) in a small claims court for Disputes or claims within the scope of that court’s jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.

e. Exception—Mass Arbitration Before NAM

Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

f. 30 Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 16(b) and 16(c) by sending written notice of your decision to opt-out by emailing us at support@keto-mojo.com. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

g. Term for Cause of Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

h. Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth in Section 16(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Napa County, California (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law. Further, if you are not a resident of the United States, you and Keto-Mojo agree to resolve all Disputes exclusively in a Court of Competent Jurisdiction.

i. Governing Law and Rules

These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

j. Arbitration Agreement Survival.

This Arbitration Agreement will survive the termination of your relationship with Keto-Mojo, including any revocation of consent or other action by you to end your participation in the Service or any communication with Keto-Mojo.

Section 17 – Notice to California and New Jersey Residents

a. California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Keto-Check, Inc., support@keto-mojo.com. To file a complaint regarding the Services or to receive further information regarding use of the Services, please send a letter to the above address or contact us via e-mail at support@keto-mojo.com with “California Resident Request” as the Subject Line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

b. New Jersey Residents

If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following sections of this Terms do not apply to you and do not limit any rights that you may have: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Dispute Resolution, and (d) Indemnification.

Section 18 – Miscellaneous

a. No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

b. Severability

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

c. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Keto-Mojo without restriction.

d. Entire Agreement

These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.

e. No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights, except as expressly outlined in these Terms.

f. Force Majeure

Neither Keto-Mojo nor you will be liable due to any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include, but are not limited to: denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, embargoes, and governmental action.

g. Notices and Consent to Electronic Communications

When you visit our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive communications electronically by writing to us at “Attn: Electronic Communications Delivery Policy, support@keto-mojo.com.” If you fail to provide or if you withdraw your consent to receive communications electronically, Keto-Mojo reserves the right to either deny your application for a User Account, restrict or deactivate your User Account, close your User Account, or charge you additional fees for paper copies.

h. Governing Law for Customers from the EU

If you are a resident of the EU, these Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules, whereas the foregoing shall not affect your mandatory statutory rights applicable in the country in which you are located, or your right to take action to enforce those rights.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed Keto-Mojo will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement. Notwithstanding the foregoing, if you are a resident of the EU, the revised Terms shall not become binding upon you before you have consent thereto.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at support@keto-mojo.com.