Terms of Service
SUBJECT TO YOUR TIME-LIMITED RIGHT TO OPT OUT IN ACCORDANCE WITH THE INSTRUCTIONS IN SUBSECTION
18(h), THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE
Welcome to www.myketopal.io (the "Site"), a website operated by My Keto Pal ("My Keto Pal", "we", "us", or "our"). We provide software and analytics services to help users understand complex financial questions and make more informed decisions (the “Services”). In addition, we integrate our Services with certain mobile applications that may be
By accessing or using the Services (whether via an App or via the Site) you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you
have the authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access the Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site, any App, or the Services.
1. My Keto Pal CONTENT. The materials, information and content made available or displayed on the Site or any App or sent to you through the Services, and any derivative works thereof, whether made by us or you, (collectively, "Content") are proprietary to us or our licensors and should be considered our confidential information. Subject to these Terms, including any Supplemental Terms,
we hereby grant you a limited, non-exclusive, non-transferable license to view, use, download and print the Content solely for your personal, informational, non-commercial and internal review and solely in accordance with these Terms. You may not: (i) use the Content or any part thereof to develop
products or technologies similar to the products of My Keto Pal; (ii) reproduce, republish, modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in the Content. Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and you must abide by the foregoing notices and restrictions. To request certain Content, you may be required to provide us with your contact information, including your email address. We may, in our sole discretion, then send you such Content in a format we determine in our sole discretion. You agree to only provide us with true, accurate, current and complete information in such request. We reserve the right to reject your request and refuse to send you our Content. We
are not responsible to ensure, and disclaim any responsibility for your ability to open, use or view the Content we send you pursuant to your request. As between you and us, we retain
all right, title and interest in and to the Content, and all related intellectual property rights. We reserve all rights not granted in these Terms. You will immediately notify us in the event of any loss or unauthorized disclosure of any Content. Upon our written request, or your termination of these Terms, you must promptly delete or destroy all documents and other tangible materials representing any Content and all copies thereof. Different partners may use the functionality of their own application (“Third Party App”) to provide you with the Content. You agree that the entity providing that particular App is solely responsible for the Third Party App and not My Keto Pal and that you shall look only to that entity
to resolve any dispute regarding your use of that Third Party App, including any use of our Content. All offers, images, information, questions, comments, statements, and other content provided by the Third Party App (“Partner Content”) are owned by the entity providing such Partner Content. You agree that the provider of any Partner Content is solely responsible for such Partner Content and that you may be exposed to Partner Content that is offensive, indecent or objectionable to you, including questions related to political activities with which you may not agree.
2. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site, Apps, or Services (including via any App) ("Our Technology") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold,
offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of
Our Technology. Nothing in the Agreement grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according the Agreement. Furthermore, nothing
in the Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos ("Marks") of My Keto Pal or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site, Apps, or Services will be governed by such third parties' licenses and not by the Agreement.
3. GENERAL RULES OF USER CONDUCT.It is our goal to make access to our Site, Apps, and Services a good experience for all
of our users. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Apps, or Services, use of the Site, Apps, or Services or access to the Site, Apps, or Services for any purposes other than for which the Site, Apps, or Services are being
provided to you, or do any of the following:
• Conduct or promote any illegal activities while using the Site, Apps, or Services;
• Upload, distribute or print anything that may be harmful to minors;
• Violate the rights of any third party, including any intellectual property rights;
• Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• Attempt to gain access to secured portions of the Site, Apps, or Services to which you do not possess access rights;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use the Site, Apps, or Services to generate unsolicited email advertisements or spam;
• Use the Site, Apps, or Services to stalk, harass or harm another individual;
• Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site, Apps, or Services (including without limitation robots, spiders or scripts);
• Interfere in any way with the proper functioning of the Site, Apps, and Services or interfere with or disrupt any servers or networks connected to the Site, Apps, or Services, or
disobey any requirements, procedures, policies or regulations of networks connected to the Site, Apps, or Services;
• Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
You may be able to post your ideas, comments or content to the Site, including a response to one of our blogs. When doing so you represent and warrant that you will not post or use any content that:
• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
• Is false or inaccurate or becomes false or inaccurate at any time;
• Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
• Misrepresents the source of the Content;
• Discloses or provides information protected under any law,
agreement or fiduciary relationship, including but not limited
to proprietary or confidential information of others, insider information or material, non-public information;
• Misrepresents your identity in any way;
• Contains any viruses, Trojan horses, spyware, malware,
worms, time bombs, cancelbots, or other disabling devices
or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Advocates or encourages any illegal activity; or
• Has the potential to create liability for us or cause us to
violate the requirements of or to lose the services, in whole
or in part, of our Internet service providers or other suppliers.
4. PAYMENT TERMS. If you purchase any Service through the Site, you agree to pay any fees set forth at check-out. We utilize a third party (“Payment Provider”) to process payments. You must
provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not these Terms to determine your rights and liabilities. By providing your credit card number and associated payment information through the Site and Service, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. We reserve the right at any time to change our payment terms, either immediately upon posting on the Site, by email delivery to you or any other reasonable method of communication.
5. TAXES. The service fees are net of any applicable sales tax. If the fees are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. For purposes of these Terms, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxing jurisdiction does not otherwise impose a sales or use tax. We may automatically charge and withhold such taxes within any jurisdictions that it deems is required.
7. MODIFICATIONS TO TERMS. We may change the terms of
the Agreement from time to time on a going-forward basis. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of: (i) your acknowledgement of such modifications; or (ii) your
continued access to and/or use of the Site, Apps, or Services after we post notice of such modifications. It is your sole responsibility
to check the Site from time to time to view any such changes to the terms in the Terms of Service. If you do not agree to any changes, if and when such changes may be made to the Terms of Service, you must cease access to the Site and use of the Services.
8. MODIFICATIONS TO THE SITE, APPS, OR SERVICES. We reserve the right to modify or discontinue the Site, Apps, or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site, Apps, or Services. Continued access to the Site. Apps, or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site, Apps, or Services as so modified. You agree that we may immediately terminate your access to the Site, Apps, and
Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, APPS, OR SERVICES.
9. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to My Keto Pal, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our
products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the
same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, APP, AND/OR SERVICES IS AT YOUR SOLE RISK. THE CONTENT, SITE, APPS, AND SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT,
VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE CONTENT, SITE, AND/ OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, SITE, APPS, OR SERVICES, OR THAT DEFECTS IN THE SITE, APPS, OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, APPS, OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, APPS, SERVICES, OR OTHERWISE
WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT.
12. NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. myketopal.io IS NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. My Keto Pal IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your understanding of financial organization and decision-making and
is broad in scope. Your personal financial situation is unique, and any information and investing strategies obtained through myketopal.io may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant
or other financial advisers who is fully aware of your individual circumstances. We'll say this: We don't expect you pay us a share of your gains when we put you onto a good investment.
SIMILARLY, WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED UPON INFORMATION YOU RECEIVED THROUGH THE SITE, APPS OR SERVICES AND SPECIFICALLY WE ARE NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A RESULT OF ANY SUCH ACTION OR INACTION.
The Site, Apps and Services are provided as a convenience and is not intended to be used to replace any other decisioning method or tool that you use and should not be used to provided financial services to third parties, such as clients or customers.
13. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND APPS AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE
INABILITY TO USE OR TO ACCESS, THE SITE, APPS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, APPS OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USE OF THE SITE, APPS AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, APPS OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent
that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You acknowledge and agree that the availability of the App is dependent on the third party company from which you receive the App. You acknowledge that this Agreement is between you and My Keto Pal and not with the App Store. My Keto Pal, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). Each App Store may have its own terms and conditions to which you must agree before downloading the App.
You agree to comply with all applicable agreements, terms and conditions of use or service, and other policies of the applicable App Store (“Usage Rules”). To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules, the more restrictive or conflicting term applies. The license granted to you for the App is limited to a non- transferable license to use the App on a device that you own or
control and as permitted by the Usage Rules. You agree to pay all fees charged by the App Store in connection with the App. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement. You are solely responsible for providing and paying for the costs for any mobile device and any mobile voice, data and/or other service plans used in connection with the App.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or
causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non- performance of third parties.
14. INDEMNIFICATION. You agree to indemnify, defend and hold harmless My Keto Pal, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that
such parties may incur as a result of or arising from: (i) your use of the Content, Site, or Services; (ii) your violation of the Agreement, (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site, Apps, or Services.
15. THIRD PARTY CONTENT AND OTHER WEBSITES. Content from advertisers and other third parties may be made available to you through the Site, APP, AND/OR THE SERVICES. Because WE DO NOT control such content, you agree that we ARE NOT responsible for any such content. WE DO NOT MAKE ANY guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other
third parties OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. The Site, Apps, and Services may contain links to websites not operated by US. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink OR OTHERWISE from the Site, Apps, or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or
any association with their operators. The Site, Apps, and Services may contain links to websites THAT ARE operated by US BUT WHICH OPERATE UNDER DIFFERENT TERMS OF SERVICE.
It is your responsibility to review the privacy policies and Terms of Service of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.
16. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. For contractual purposes, you: (i) consent to receive Communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy
of the Agreement by accessing this Site or the App. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site, Apps, and Services. The withdrawal of your consent will not
affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
17. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our copyright agent the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site, Apps, or Services;
• Your address, telephone number, and email address;
• A statement by you that You have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
18. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT. This section 18 shall be referred to herein as the “Arbitration Agreement.” Except for a claim by My Keto Pal of infringement or misappropriation of My Keto Pal’s patent, copyright, trademark, or trade secret, any and all disputes between you and My Keto Pal arising under or related in any way to these Terms or your use of the Site, Apps or Services, or your receipt of any email, telephonic, text message or other communication from us or are representatives must be resolved through binding arbitration as described in this section. This Arbitration Agreement is intended to be interpreted broadly. YOU AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND My Keto Pal ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND My Keto Pal AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this Arbitration Agreement, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to these the Services or these Terms, shall exclusively be settled through binding and confidential arbitration. (b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. If
JAMS is unavailable to arbitrate, the parties will agree on an alternative arbitration forum.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court
order and are subject to VERY LIMITED REVIEW BY A COURT. (d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN
THE PARTYS’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court provided such action remains in such court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding our agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and the parties hereby agree to submit to the
exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of the second paragraph of this Arbitration Agreement and subparts (1) and (2) of subsection 18.(d) above (prohibiting arbitration on a class, representative or collective basis), if any part of this Arbitration Agreement is deemed to be invalid or unenforceable, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal
or conflicting provision were not contained herein. If, however, the second paragraph of this Arbitration Agreement and/or subparts (1) or (2) of subsection 18(d) above (prohibiting arbitration on a class, representative or collective basis) is found to be invalid or
unenforceable with respect to a particular claim for relief, then that claim for relief and only that claim for relief shall be severed from the arbitration and brought exclusively in the state or federal
courts located in New York, New York. All other claims shall be arbitrated.
(g) Notwithstanding any provision in these Terms to the contrary, if we seek to terminate this Arbitration Agreement, any such termination shall not be effective until 30 days after the version of the Terms not containing the Arbitration Agreement is posted to
the Site or App, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may call JAMS at
800-352-5267 or visit the JAMS website at http://
19. GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and My Keto Pal will be governed by the laws of the Commonwealth of Massachusetts, without giving
effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Service, or your use of the Site, Apps, or Services not subject to arbitration under Section 18 must be instituted exclusively in the federal or state courts located in New York, New York and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You may not transfer, assign or delegate any of your rights and/or duties under the Agreement to anyone else and any attempted assignment or delegation is void. We have the rights to freely assign our rights under this Agreement. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in the Agreement, shown in boldface type, are included only to help make the Agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such
waiver of any breach or default constitute a waiver of any subsequent breach or default. The Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. Subject to subsection 18(f) above, if for any reason a court of competent jurisdiction finds any provision of the Agreement, or
portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.
20. SURVIVAL. Sections 1, 2, 4, 5, 9, and 11 through 21, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Apps, Content, Our Technology and the Services, will survive the expiration or termination of the Agreement for any reason.
21. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to [email protected] or as otherwise expressly provided. Please report any violations of the Agreement to [email protected]
24. ACKNOWLEDGEMENT. My Keto Pal and you acknowledge that this Agreement is concluded between My Keto Pal and you only, and not with Apple, Inc., or Google, Inc. My Keto Pal, not Apple or Google, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules that are less restrictive than or otherwise is in conflict with the usage rules provided by the applicable App Store, the more restrictive term applies.
25. MAINTENANCE AND SUPPORT. My Keto Pal is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. My Keto Pal and you acknowledge that neither Google nor Apple have no obligation whatsoever to furnish any maintenance and support services with respect to App.
26. WARRANTY. My Keto Pal is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple,
and Apple will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be My Keto Pal’s sole responsibility.
27. PRODUCT CLAIMS. My Keto Pal and you acknowledge that My Keto Pal, not Apple or Google, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including,
but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. This Agreement does not limit My Keto Pal’s liability to you beyond what is permitted by applicable law. You acknowledge and agree that the applicable Partner and not My Keto Pal, is responsible for addressing any claims of you or any third party relating to any Partner Content, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
28. INTELLECTUAL PROPERTY RIGHTS. My Keto Pal and you each acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, My Keto Pal, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge that, in the event of any third party claim that any Partner Content or your possession and use of any Partner Content infringes that third party’s intellectual property rights, privacy, rights, publicity rights,
or is otherwise fraudulent deceptive, or unfair, the applicable partner, and not My Keto Pal, will be solely responsible for the investigation, defense, settlement and discharge of any such complaint or claim.
29. HEALTH DISCLAIMER
Do not use this product without appropriate medical care and consultation. If you suspect you have a medical problem or disease please consult your physician for diagnosis and treatment. The opinions expressed by myketopal.io, My Keto Pal are published for educational and informational purposes only, and are not intended as a diagnosis, treatment or as a substitute for professional medical advice, diagnosis and treatment. Please consult a physician or other health care professional for your specific health care and/or medical needs or concerns. It is important that you talk to your doctor so that you can gather all the information about your health (ex. age, health history, symptoms, etc.) to determine your status. The information provided through myketopal.io, My Keto Pal is not intended to substitute for consultations with your doctor, nor medical advice specific to your health condition myketopal.io, My Keto Pal disclaims any liability arising from your use services or for any adverse outcome of your use of this information provided by myketopal.io, My Keto Pal for any reason, including but not limited to any misunderstanding or misinterpretation of the information provided here. The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only. My Keto Pal makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician.
GENERALLY EXPECTED RESULTS FROM MY KETO PAL LLC PRODUCTS:
Although our products are intended to be fully implemented, and we work hard to ensure it’s easy to do so, the typical user of virtually all education products treats them in much the same way they treat a book. The vast majority read or skim through it once, then do not implement the program or take any action based on it. The results of such education are intangible, and not measured in fat loss, muscle gain, abdominal definition, or other positive results of any kind.
Testimonials found at myketopal.io and/or from MY KETO PAL LLC are unverified results that have been forwarded to us by users of the My Keto Pal app, and may not reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at myketopal.io and/or from MY KETO PAL LLC. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. Again, it is possible that even with perfect use of the program, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results the program has produced, and should not be taken as the results a typical user will get. This website is an educational service that provides general health information. The materials in www.myketopal.io are provided “as is” and without warranties of any kind either express or implied.
AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE OUR WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.
1) The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the diet plans or exercises (including products and services) mentioned at www.myketopal.io should be performed or otherwise used without clearance from your physician or healthcare provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.
2) There may be risks associated with participating in activities mentioned on www.myketopal.io for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such diet plans if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.
3) Facts and information are believed to be accurate at the time they were placed in www.myketopal.io. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
4) You agree to hold www.myketopal.io, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the diet plans discussed on this website, excepting only claims for gross negligence or intentional tort.
5) You agree that any and all claims for gross negligence or intentional tort shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All arbitration must occur in San Diego County, CA, USA, and CA law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own lawyer fees.
6) Testimonials, case studies, and examples found at www.myketopal.io and/or from any myketopal.io product. have been forwarded to us by users of myketopal.io and related products. Every person has unique experiences, exercise habits, eating habits, and applies the information in a different way. Thus, the experiences that we share from other people may not reflect the typical purchaser’s experience, may not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the other examples found at www.myketopal.io and/or from any myketopal.io product. However, you should always perform due diligence and not take such results at face value. Although we do our best to only work with highly reputable third parties, we are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.
7) Any material connection that we have with a third party provider of goods or services mentioned on www.myketopal.io are explained in our Compensation Disclosure. This policy is incorporated by reference into these Health Disclaimers. You should read the policy to fully understand the meaning of our relationships with third party vendors and how it may affect the content found on www.myketopal.io.
If you have any questions about these disclaimers or about testimonials, case studies, and/or examples found at www.myketopal.io , please send an e-mail to [email protected] Please note that the content of this page can change without prior notice. The owner of this website is required by the FTC to inform you that there is a financial relationship between the owner and some of the products or services it reviews, recommends, or promotes.
HEALTH AND SAFETY SOURCES OF INFORMATION
Do not use this product without appropriate medical care and consultation.
Keto diet references and recommendations are sourced from the links below:
1) Aude, Y., A. S, Agatston, F. Lopez-Jimenez, et al. "The National Cholesterol Education Program Diet vs a Diet Lower in Carbohydrates and Higher in Protein and Monounsaturated Fat: A Randomized Trial." JAMA Internal Medicine 164, no. 19 (2004): 2141—46. doi: 10.1001/archinte.164.19.2141. https://jamanetwork.com/journals/jamainternalmedicine/article-abstract/217514
2) De Lau, L. M., M. Bornebroek, J. C. Witteman, A. Hofman, P. J. Koudstaal, and M. M. Breteler. "Dietary Fatty Acids and the Risk of Parkinson Disease: The Rotterdam Study." Neurology 64, no. 12 (June 2005): 2040-5. doi•.10.1212/01.WNL.0000166038.67153.9F. https://pubmed.ncbi.nlm.nih.gov/15985568/
3) Freeman, J. M., E. P. Vining, D. J. Pillas, P. L. Pyzik, J. C. Casey, and L M. Kelly. "The Efficacy of the Ketogenic Diet-1998: A Prospective Evaluation of Intervention in 150 Children." Pediatrics 102, no. 6 (December 1998): 1358—63. www.ncbi.nlm.nih.gov/pubmed/9832569
4) Hemingway, C, J. M. Freeman, D. J. Pillas, and P. L. Pyzik. "The Ketogenic Diet: A 3- to 6-Year Follow-up of 150 Children Enrolled Prospectively. Pediatrics 108, no. 4 (October 2001): 898-905. https://ncbi.nIm.nih.gov/pubmed/11581442
5) Henderson, S. T. "High Carbohydrate Diets and Alzheimer's Disease." Medical Hypotheses 62, no. 5 (2014): 689-700. doi:10.1016/j.mehy.2003.11.028. https://ncbi.nlm.nih.gov/pubmed/15082091
6) Neal, E.G., H. Chaffe, R. H. Schwartz, M. S. Lawson, N. Edwards, G. Fitzsimmons, A. Whitney, and J. H. Cross. "The Ketogenic Diet for the Treatmen t of Childhood Epilepsy: A Randomised Controlled Trial." Lancet Neurology 7, no. 6 (June 2008): 500-506. https://ncbi.nIm.nih.gov/pubmed/18456557
7) Chowdhury, R., S. Warnakula, S. Kunutsor, F. Crowe, H. A. Ward, L. Johnson, et al. "Association of Dietary, Circulating, and Supplement Fatty Acids with Coronary Risk: A Systematic Review and Meta- Analysis." Annals of Internal Medicine 160 (2014): 398-406. doi:10.7326/M13-1788. https://annals.org/article.aspx?articleid=1846638
8) Christopher D. Gardner, PhD; Alexandre Kiazand, MD; Sofiya Alhassan, PhD; Soowon Kim, PhD; Randall S. Stafford, MD, PhD; Raymond R. Balise, PhD; Helena C. Kraemer, PhD; Abby C. King, PhD, "Comparison of the Atkins, Zone, Ornish, and LEARN Diets for Change in Weight and Related Risk Factors Among Overweight Premenopausal Women," JAMA. http://jama.jamanetwork.com/articIe.aspx?articIeid=205916
9) Gary D. Foster, Ph.D., Holly R. Wyatt, M.D., James O. Hill, Ph.D., Brian G. McGuckin, Ed.M., Carrie Brill, B.S., B. Selma Mohammed, M.D., Ph.D., Philippe O. Szapary, M.D., Daniel J. Rader, M.D., Joel S. Edman, D.Sc., and Samuel Klein, M.D., "A Randomized Trial of a Low-Carbohydrate Diet for Obesity — NEJM," N Engl J Med 2003; 348:2082- 2090. http://www.nejm.org/doi/full/10.1056/NEJMoa022207
CONTESTS & GIVEAWAYS
The following are basic rules governing all contests conducted on z8 Leads, Inc. mobile app. In the event that no other rules are published for a particular contest or promotion, the following rules will apply. In some instances, rules for individual contests and promotions may conflict with these rules in which case, the individual contest rules will take precedence over the basic rules. All contests are void where prohibited by law.
Prize(s). The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. Participants must provide valid and accurate contact information. If a winner cannot be contacted or is disqualified for any reason, z8 Leads, Inc. reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
Eligibility and Limitations. Participants and winner(s) must be U.S. residents. Limit of one entry per person. Only one (1) prize per household for the contest. In the case of email contests, limit of 1 entrant per email sent/received. There is no limitation on age. A parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but z8 Leads, Inc. reserves the right to refuse to award a prize to or on behalf of any minor. Employees of z8 Leads, Inc., the contest’s participating sponsors and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
Entries. Only entries submitted on the mobile app designated by z8 Leads, Inc. with forms provided by z8 Leads, Inc. may be used to enter the contest. Winner will be selected at random from all eligible entries received. All blanks must be filled in accurately or entry may be considered ineligible.
Tax. Any valuation of the prize(s) stated above is based on available information provided to z8 Leads, Inc., and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which is not specifically provided for in the official rules. Each winner must provide z8 Leads, Inc. with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from z8 Leads, Inc. will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
Publicity; Use of Personal Information. By participating, where allowed by law, all participants and winner(s) grant z8 Leads, Inc. exclusive permission to use their names, characters, photographs, voices, videotape, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the contest, where allowed by law, participants agree that z8 Leads, Inc. may disclose personal information obtained from participants in the contest to third parties and use such information for marketing and other purposes.
Disqualification; Fraud. Failure to comply with any published contest rules is grounds for immediate disqualification from the contest. z8 Leads, Inc. reserves the right to disqualify any entry not conforming to the rules of the promotion at any time. z8 Leads, Inc. and its contest and promotional partners assume no responsibility for entry fraud committed by any entrant. In the event it is determined that an ineligible entrant wins a prize, z8 Leads, Inc. reserves all rights to the ownership and return of the prize and all costs associated with remedying any prize award to an ineligible entry or entrant.
Misinformation. z8 Leads, Inc. is not responsible for undeliverable, lost, delayed, misdirected or misaddressed email or any other issues regarding the electronic delivery of the contest form. This includes, but is not limited to, the speed at which your email service routes email through the internet. The sole determiner of eligibility for the final drawing will be the time the email or entry form is received at our offices.
Release. By participating in the contest, each participant and winner waives any and all claims of liability against z8 Leads, Inc., its employees and agents, the contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the contest, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by z8 Leads, Inc..
Conduct and Decisions. By participating in the contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. z8 Leads, Inc. will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the contest and z8 Leads, Inc.’s decisions concerning such disputes shall be final. If the conduct or outcome of the contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of z8 Leads, Inc., z8 Leads, Inc. reserves the right to terminate this contest, or make such other decisions regarding the outcome as z8 Leads, Inc. deems appropriate. All decisions will be made by z8 Leads, Inc. and are final. z8 Leads, Inc. may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this contest is a violation of criminal and civil laws. Should such an attempt be made, z8 Leads, Inc. reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
Miscellaneous. Void where prohibited. Odds of winning depend upon the number of participants. Each winner must submit proof of eligibility and sign z8 Leads, Inc.’s release form to claim the prize. z8 Leads, Inc. may substitute prizes, amend the rules or discontinue the contest at any time as announced. z8 Leads, Inc. disclaims any responsibility to notify participants of any aspect related to the conduct of the contest. All entries become the property of z8 Leads, Inc. and will not be returned.
Compliance with Law. The conduct of the contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. z8 Leads, Inc. shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the contest, etc. as required by local and state law.
Effective Date: January 1st, 2020
My Keto Pal website is developed and maintained by My Keto Pal Corporation (hereinafter “My Keto Pal,” “we,” or “us”). The data controller My Keto Pal Corporation and can be contacted as explained below in the How to Contact Us section.
INFORMATION WE COLLECT
My Keto Pal collects information about you when you interact with our Sites and Services. When you use our Sites and Services, we collect information about one or more devices associated with you that you use to access the Sites, such as a computer, mobile phone, or tablet.
Information collected solely from playing our games: We collect, store, and use information you provide to us from one or more devices associated with you when you play our games (which comprise a portion, but not all, of the Services), including when you log into a game or register for an account from one or more of your devices or otherwise interact with us through the Apps that make up the Services. Information that we collect when you play our games includes your device ID, language, game preferences, and general geolocation. If you sign in with your Facebook account, we will collect your first name, last name, middle name, short name, and profile picture. In addition, when you make a purchase through our Games, a third-party payment processor will collect your billing information, such as payment card information and billing address.
Information collected from websites: We collect, store, and use information you provide to us from one or more devices associated with you when you use our Sites, including when you log into the Sites or Services from one or more of your devices, register for an account, complete a web form or post on our website, make a purchase, add or update your account information, apply for a job at My Keto Pal, make a customer service request or send us a customer service email, or otherwise correspond with us regarding the Sites. Information that we collect, when you provide it to us, includes your name, physical address, country of residence, email address, telephone number, language, age, gender, and employment history information. We collect your social media information or profile, such as your application-specific Facebook ID, first name, last name, middle name, short name, and profile picture if you sign in with your Facebook account. In addition, when you make a purchase through our Sites, a third-party payment processor will collect your billing information, such as payment card information.
We also receive information about you from third-party business partners, including social media platforms. We will combine this information with information we already have.
INFORMATION WE AUTOMATICALLY COLLECT
We automatically collect information about the devices you use to interact with our Sites. We automatically collect your device identifier, web browser type, and version, IP address, general geolocation, language, and browsing information collected through cookies and beacons. We also automatically collect information about how you use the Sites, such as what you have searched for and viewed on the Sites. The information automatically collected will be associated with any personal information you have provided.
We collect certain information by automated means when you visit our Sites, such as how many users visited our Sites and the pages accessed. By collecting this information, we learn how to best tailor our Sites to our visitors. We collect this information through various means such as “cookies” and “web beacons.”
Most web browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of the features and functionality of the Sites.
Web Beacons. Certain pages on our website contain “web beacons” (also known as Internet tags, pixel tags, and clear GIFs). These web beacons allow third parties to obtain information, such as the IP address of the computer that downloaded the page on which the beacon appears; the URL of the page on which the beacon appears; the time the page containing the beacon was viewed; the type of browser used to view the page; and the information in cookies set by the third party.
IP Addresses. An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our website, we view the IP address of the device you use to connect to the Internet. We then use this information to determine the general physical location of the device and understand the general locations of our website visitors. We also use this information to enhance our Sites.
HOW WE USE THE INFORMATION WE COLLECT ABOUT YOU
We may use your information for the following purposes:
To Communicate With You
To Manage and Improve Our Business Operations
To Ensure a Secure Online Environment and Comply with Legal Obligations
If you notify us that you do not wish to be contacted for marketing purposes, we will not send you marketing information. To opt-out of receiving our promotional emails or if you object to our use of your information for direct marketing purposes, please unsubscribe via the links contained in the emails you receive from us or submit a request using our Privacy Rights Request form; the links to that form can be found at the end of this policy.
DO NOT TRACK
Our Sites do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Sites, and we do not alter any of our data collection and use practices upon receipt of such a signal.
BUSINESS STRUCTURE CHANGES
We reserve the right to disclose and transfer all information related to our Sites, including personal data:
INFORMATION WE SHARE
We share information within the My Keto Pal family of companies, including future subsidiaries and affiliates.
We share your information with service providers who perform services and functions on our behalf to support our interactions with you including, for example, providing our products and services, processing your purchases, or communicating with you. We also share information with companies that operate our websites and third-party analytics companies who conduct market research on our behalf. These service providers are not authorized by us to use or disclose the information, except as necessary to perform services on our behalf or comply with legal requirements.
My Keto Pal also shares limited geolocation information with third parties, including advertisers such as Google and Facebook and parties who provide targeted advertising and analytics services.
NAI. For more information about third-party ad servers on our Sites and Services and your ability to opt-out of targeted advertising from such third parties, please visit the Network Advertising Initiative at http://networkadvertising.org and its opt-out tool at http://optout.networkadvertising.org.
DAA. Information and resources to opt-out of internet-based advertising are available from the Digital Advertising Alliance (DAA) at http://www.aboutads.info/choices/.
You may also opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.
EDAA. Information and resources to opt-out of interest-based advertising are available from the European Interactive Digital Advertising Alliance at http://www.youronlinechoices.eu.
We may also share aggregated or de-identified information with third parties that does not identify you personally.
In addition, we will disclose information about you:
In certain situations, My Keto Pal may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
My Keto Pal does not retain your username or password for social networking platforms for any longer than is necessary to complete an interaction. If you would like to disconnect a social media account from My Keto Pal, please refer to the settings of that social media account and its provider.
Our sites are general audience Sites not directed at children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information.
LINKS TO OTHER WEBSITES
Our Sites may provide links to other websites for your convenience and information, including those that are operated by third parties. Third-party websites may operate independently from our Sites, which means we are not responsible for their content, how they use your information or their privacy practices.
INFORMATION WE TRANSFER
In addition, we transfer the personal information we collect on the Sites to countries other than the United States where we do business, which may not have the same data protection laws as the country in which you reside. When we transfer your information to other countries, we will protect that information as described here, even though a given country may not have the same privacy and data protection laws as the country in which you reside.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, My Keto Pal is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
In compliance with the Privacy Shield Principles, My Keto Pal commits to resolve complaints about our collection or use of your personal information. The independent dispute resolution body designated to address complaints and provide appropriate recourse free of charge is JAMS. European Union and/or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact My Keto Pal at [email protected]
My Keto Pal commits to cooperate with the panel established by the EU Data Protection Authorities (DPAs) and/or the Swiss Federal Data Protection and Information Commissioner and comply with the advice given by the panel and/or the Commissioner with regard to human resources data transferred from the EU and/or Switzerland in the context of the employment relationship. EU and Swiss residents may also lodge complaints with their competent supervisory authority. Under certain conditions, you may have the right to invoke binding arbitration under the Privacy Shield Framework to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.
My Keto Pal is responsible for the processing of personal data it receives under the Privacy Shield Framework or subsequently transfers to a third party acting as an agent on its behalf, except where My Keto Pal is not responsible for the event giving rise to the damage.
If you have any questions or concerns regarding our Privacy Shield certification, please contact [email protected]
If you are a California resident, California law provides you with certain rights regarding your personal information, including the right to know about personal information collected, disclosed, or sold. You also have the right to request that we delete any or all of your personal information that we have collected from you, subject to certain exceptions, and the right not to be discriminated against if you exercise any of your rights under the California Consumer Privacy Act.
My Keto Pal may have collected the following categories of personal information from California residents in the past 12 months:
My Keto Pal will not and has not sold personal information of California residents, including those under 16 years of age, to third parties for a commercial purpose in the preceding twelve months.
Right to Know
California residents have the right to request that My Keto Pal disclose certain information about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Requests to Know and Delete below for instructions), we will disclose to you:
Right to Delete
You have the right to request that My Keto Pal delete the personal information that we collected from you and retain, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Requests to Know and Delete below for instructions), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Requests to Know and Delete
To exercise your right to know and right to delete described above, please submit a verifiable consumer request to us using our Privacy Rights Request form found at the end of this policy or you can e-mail us at [email protected]
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. If you wish to submit a verifiable consumer request on behalf of another individual, such as a minor child, we will also need sufficient information to verify that the individual is the person about whom we collected personal information and that you are authorized to submit the request on their behalf.
You may only make a verifiable consumer request to know or delete your data twice within a 12-month period. Your request must:
We will need to verify your identity before processing most requests, which may require us to obtain additional personal information from you. We will only use the personal information provided in connection with a request to review and comply with the request. If you do not provide this information, we may not be able to verify or complete your request.
Making a verifiable consumer request does not require you to create an account with us.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason for the extension.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. For data portability requests, we will select a format to provide your personal information that is readily useable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
In certain circumstances, we may decline a request to exercise the rights described above.
California Civil Code Section 1798.83 permits California residents to request information regarding the disclosure of their personal information by us to third parties for the third parties’ direct marketing purposes within the immediately preceding calendar year. We will provide you with a list of the categories of personal information disclosed and a list of the names and addresses of the third parties. To make such a request, please fill out our Privacy Rights Request form below and select “Shine the Light” in the dropdown menu.
My Keto Pal does not sell personal information of Nevada residents to third parties; however, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt-out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us using our Privacy Rights Request form and make sure you include the words “Nevada opt-out” in the “Request Details” section of the request form.
YOUR RIGHTS IF YOU ARE LOCATED IN THE EU, SWITZERLAND OR UK
If you are located in the EU, Switzerland or the UK, we process your personal data when we have a legal basis to do so. We will rely on the following legal bases for processing your personal data, depending on our purpose for such processing.
Legal Basis for Processing
You have consented to the processing of your personal data: We will obtain your consent before using or sharing your data for advertising that is targeted based on your browsing history or online behavior on other websites or online services. If you consent to our use of your personal data for any purpose, you have the right to withdraw consent at any time by contacting us, as explained below.
Processing is necessary to fulfill a legitimate interest: We have a legitimate interest in processing your personal data for certain business and security purposes, to better understand our customers and the users of our Sites and Services, and to comply with applicable laws.
Processing is necessary for compliance with a legal obligation: We will process personal data when necessary to comply with an obligation under EU law, EU Member State law or, with respect to individuals residing in Switzerland, a Swiss law.
Processing is necessary to perform a contract: We will process personal data when necessary to perform a contract with you or to fulfill a request you have made.
Your Rights Regarding Your Personal Data
In addition, you have certain rights with respect to your personal data, subject to exceptions as provided in the GDPR. If you would like to exercise any of the rights described below, please use the Privacy Rights Request form found at the end of this policy or through one of the methods in the “Contact For More Information” section, below.
Right of Access: You have the right to obtain confirmation as to whether we are processing personal data about you, and if so, to request a copy of the information. To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.
Right to Rectification: You have the right to correct any inaccuracies in the information that we hold about you and, where applicable, complete any incomplete information that we hold.
Right to Erasure: You have the right to request that we erase personal information that we hold about you, subject to certain conditions.
Right to Restrict Processing: You have the right to restrict our processing of your information, subject to certain conditions.
Right to Object: You have the right to object to processing of your personal information based on our legitimate interests at any time. We will no longer process the information, unless there are compelling legitimate grounds for our processing that override your interests or the processing serves the purpose of asserting, exercising or defending legal claims.
Right to Withdraw Consent: When data processing is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before such withdrawal.
Right to Data Portability: You also have a right to data portability when the data processing is based on consent or on a contract between you and My Keto Pal and the data was processed by automated means. You may exercise these rights by submitting a written request at the link included below.
Right to Lodge a Complaint: You have the right to lodge a complaint with the appropriate supervisory authority or data protection regulator in your jurisdiction.
HOW WE PROTECT PERSONAL INFORMATION
We use commercially reasonable security measures, including administrative, technical, and physical safeguards to protect against loss, misuse, unauthorized access, disclosure, alteration, or destruction of the information you provide when visiting or using the Sites.
RETENTION OF INFORMATION
My Keto Pal retains all personal information for the duration of the relevant business relationship or, where required, in accordance with its information management policies and schedules, subject to applicable laws. When deleting personal information based on a request from the individual to whom the information relates, My Keto Pal will make reasonable attempts to ensure that all instances of the information are deleted in their entirety. For individuals in the EU, Switzerland or U.K. who wish to make requests for access, corrections, or deletion, please refer to the Your Rights Regarding Your Personal Data section above.
CONTACT FOR MORE INFORMATION
My Keto Pal Privacy Rights Request form
Additionally, if you would like to update your contact information or preferences, have your information removed from our mailing lists, or no longer receive marketing e-mails that we may send based on information collected via product registration cards or other sources, you may do so by: