Terms & Conditions

Effective Date of Current Policy: August 1, 2024

These Terms and Conditions (the “Terms”) apply to the website located at www.ketomaxgummies.com and all associated sites, online services and software (collectively, the “Site”) provided by KMG Media LLC dba Keto Max Gummies and its affiliates (collectively, “KMG Media”, “we”, “us” or “our”).

Please read these Terms carefully before visiting or using the Site. The use of the Site, including the purchase of any Products (as defined below), is subject to the Terms. By visiting or otherwise using this Site, you acknowledge that you have read and understand these Terms, and that you accept and agree to be bound by these Terms, as modified from time to time, as well as any other terms, guidelines, policies or rules that apply to any portion of this Site, without limitation or qualification, including our Privacy Policy (collectively, the “Additional Policies”).

If you do not agree to these Terms or the Additional Policies, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. In the event of a conflict between these Terms and any Additional Policies, the Additional Policies will govern, except as otherwise expressly set forth in the Additional Policies. If you have any questions about the Terms or the Additional Policies, please contact us at support@ketomaxgummies.

The domain www.ketomaxgummies.com is an E-Commerce Site that sells various nutritional supplements and weight loss products. These products are offered within various sections of the Site. Many products on the Site are offered in bundled packages at discounted prices which enters you or any other purchasing customer into a monthly subscription program for the purchased product.

Overview of Terms

I. Privacy
II. Our Ownership of Site
III. Your Rights to Use Site; Eligibility; Restrictions on Use
IV. Your User Content and Community Rules
V. Accounts, Forms, Registrations, Passwords, Communications
VI. Intellectual Property Rights
VII. Third Party Sites, Content and Services
VIII. Digital Millennium Copyright Act; Copyright Infringement Claims
IX. Orders, Subscriptions, Shipping, Cancellations, Returns and Refunds
X. Product Specifications
XI. Disclaimer of Warranties
XII. Indemnity; Our Liability Is Limited
XIII. Dispute Resolution
XIV. Termination
XV. Updates to Terms
XVI. Miscellaneous Provisions
XVII. Contact KMG Media

I. PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.

II. OUR OWNERSHIP OF SITE

This Site and all of the content contained on the Site, as modified from time to time (collectively, “Content”), including without limitation all worldwide copyrights, trademarks, trade secrets, patents and all other moral rights, rights of attribution or integrity or any other intellectual property or proprietary rights, along with all rights of registration, extension and renewal associated with each of the foregoing and all related rights and cause of action, including without limitation, for infringement, dilution or misappropriation of any of the foregoing (collectively, “Intellectual Property Rights”), are owned by KMG Media or licensed to KMG Media by third parties. KMG Media and its licensors and other third parties own all right, title, and interest in and to the Content and the Intellectual Property Rights, and the Content and Intellectual Property Rights are protected to the fullest extent permitted by applicable federal, state and international patent, copyright, trademark, trade dress, and other applicable laws, rules and regulations governing ownership of Intellectual Property Rights of any kind.

III. YOUR RIGHTS TO USE SITE; ELIGIBILITY; RESTRICTIONS ON USE

We provide you the right to use the Site, subject to these Terms, in order to enable you to browse and purchase KMG Media products (“Product(s)”).

3.1 Your Rights to Use the Site and Content. By visiting the Site, you acknowledge and agree that your right to use KMG Media’s Site and its Content is at all times subject to your strict compliance with our Terms and the Additional Policies. Your right to access and use the Site, the Content and the Intellectual Property Rights therein shall automatically terminate upon any violation of the Terms or Additional Policies.

3.2 Limited License and Site Access. We grant you a limited license to use the Site for personal use only. The rights granted to you by KMG Media are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. You further agree that your right to access and use the Site and the Content is personal to you, that you may not assign nor transfer your rights to use the Site or Content, and that any attempt to assign or transfer your rights will be null and void and without any effect.

Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. Including using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks, as defined below) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

3.3 Eligibility. The Site is not intended or designed to attract children under the age of eighteen (18) years of age. By visiting or using the Site, you represent and warrant that you are more than eighteen (18) years of age and have all legal right and authority to agree to be bound by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and strictly comply with these Terms at all times.

If you are using the Site on behalf of a company, entity, or organization (collectively, “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

3.4 Restrictions on Your Use of the Site. You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws, rules and regulations. The following uses of the Site are prohibited, and you agree that you will not:

·        attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, Content, user accounts, or the technology and equipment supporting the Site or Content;

·        frame or link to the Site or any Content without permission;

·        use data mining, robots, or other data gathering devices on or through the Site or any Content;

·        post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

·        disclose personal information about another person or harass, abuse, or post objectionable material;

·        sell, transfer, or assign any of your rights to use the Site or Content to a third-party without our express written consent, which may be withheld in our sole discretion;

·        post advertising or marketing links or content, except as specifically allowed by these Terms; or

·        use the Site or Content in an illegal way or to commit an illegal act in relation to the Site or Content or that otherwise results in fines, penalties, and other liability to KMG Media or others; or access the Site or Content from a jurisdiction where it is illegal or unauthorized.

3.5 Rights of Third Parties. While using the Site, you agree to respect the Intellectual Property Rights of KMG Media, its licensors and other third parties. Any unauthorized use of the Content may violate or infringe upon the rights of KMG Media and third parties. If you believe that any of the Content infringes on your own work, please see Section VIII of these Terms.

3.6 Reservation of Rights. ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU BY KMG MEDIA ARE HEREBY EXPRESSLY RESERVED BY KMG MEDIA AND ITS LICENSORS AND OTHER THIRD PARTIES. Except as provided in these Terms and the Additional Policies, these Terms and the Additional Policies do not provide you with any right or license to the Content or any Intellectual Property Rights under any circumstances. You acknowledge that any unauthorized use of the Site or any Content is strictly prohibited by these Terms.

IV. YOUR USER CONTENT AND COMMUNITY RULES

4.1 Content you submit to KMG Media.  In the future, KMG Media may allow you to create, upload, post, publish, transmit or otherwise provide reviews, messages, comments, responses, photos, content, information, questions, or similar materials on the Site (collectively, “User Content”), regarding our Products and services, including our Site. However, any User Content you submit to KMG Media must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Except to the extent of the rights and license you grant in these Terms and the Additional Policies, you retain ownership of any right, title, and interest that you have in your User Content.

KMG MEDIA DOES NOT GUARANTEE THE CONFIDENTIALITY OF ANY OF YOUR USER CONTENT. YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL ADDRESS, MAILING ADDRESS, SOCIAL SECURITY NUMBER, ETC.) OR RIGHTS TO NAMES, IMAGES AND LIKENESSES BELONGING TO YOU OR ANY THIRD PARTY.

4.2 License for KMG Media to User Content. By posting User Content on the Site, you hereby grant KMG Media an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User Content you post to the Site, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, including promoting and marketing KMG Media and the Products. You further grant KMG Media a royalty-free license to Use the name, image, and likeness of any person identifiable in any User Content you post to the Site. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any of your User Content, even if it is altered or modified in any manner. To the extent any such rights are not waivable under applicable law, you irrevocably agree not to exercise any such rights in any manner that interferes with KMG Media’s use and exploitation of the rights granted to KMG Media. You further acknowledge and agree that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section.

4.3 Representations Regarding Your User Content. Except for materials provided to you by KMG Media through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of User Content that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to KMG Media the rights in your User Content as contemplated under the Terms, and (ii) the User Content you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require KMG Media to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

Whenever you submit any User Content, you represent and warrant to KMG Media that: (a) you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian; (b) you are the sole author and owner of the Intellectual Property Rights and other rights in and to your User Content, and that KMG Media has no obligation to obtain consent of any third party to use your User Content and make do so without any liability; (c) your User Content is truthful and accurate; (d) your User Content does not and will not infringe any Intellectual Property Rights or other rights of any third party; and (e) your User Content will not violate these Terms or any of our Additional Policies.

4.4 Our Right to Monitor User Content. KMG Media may, but has no obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of or exploit, any of your User Content, and KMG Media may in its sole discretion remove, delete, move, redact, re-format, or refuse to post or otherwise make use of your User Content from time to time without notice or any liability to you or any third party. KMG Media, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. You are solely responsible for your interaction with other users of the Site, whether online or offline. KMG Media is not responsible or liable for the conduct or content of any user. Without limiting the foregoing, KMG Media may at any time remove or refuse to post any User Content we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or that otherwise violates these Terms or any Additional Policies.

4.5 Community Rules. As a visitor to our Site, you agree to comply with the following rules (“Community Rules”) governing your User Content:

·        No Objectionable Content. You agree not to submit User Content that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by KMG Media in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

·        No Sharing Third Party Content. Your User Content may not include any content that belongs to any third party and pass it off as your own original User Content. Additionally, you may not post any User Content that uses any Intellectual Property Rights of any third party, including photos of someone else.

·        Be Respectful and Appropriate. Your User Content must not promote any infringing, illegal, or other similarly inappropriate activity, and must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or any other protected class, and may not include cursing, harassing, stalking, insulting comments, personal attacks, gossip, etc.

·        No Political or Commercial Purposes. Your User Content may not advertise or promote any commercial product or service or any political party, politician, public official, or the like. Your User Content may not solicit, harvest or collect email addresses or other contact information from the Site for purposes of sending unsolicited communications. Do not solicit personal information from anyone at any time while using the Site.

·        Be Honest and Accurate. You may not submit User Content that may be false, fraudulent, deceptive, inaccurate, or misleading, and you may not impersonate any other person or entity.

4.6 User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by applicable law, you irrevocably release and discharge KMG Media of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes and disagreement.

V. ACCOUNTS, FORMS, REGISTRATIONS, PASSWORDS, COMMUNICATIONS

5.1 Accounts, forms, registrations and passwords. You represent and warrant that the information you provide to KMG Media upon creating an account on the Site and at all other times will be true, accurate, current, and complete.

To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third-party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information.

If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify KMG Media by e-mail to support@ketomaxgummies. You will be solely responsible for the losses incurred by KMG Media and others due to any unauthorized use of your account.

5.2 Electronic Communications. When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

VI. INTELLECTUAL PROPERTY RIGHTS

6.1 Copyright. Unless otherwise noted, all Content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of KMG Media or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of KMG Media and is protected by United States and international intellectual property laws. Any unauthorized use of any Content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at support@ketomaxgummies.

6.2 Trademarks. All trademarks, service marks, and trade names (collectively, the “Marks”) that appear on this Site are proprietary to KMG Media, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of KMG Media, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

VII. THIRD PARTY SITES, CONTENT AND SERVICES

KMG Media is not responsible for third parties or their content, advertisements, software, apps, sites or other products or services (collectively, “Third Party Services”). Although portions of our Site may be integrated into or linked to Third Party Services that KMG Media does not own or control, we do not monitor any Third Party Services, and make no representation or warranty and regarding such Third Party Services. KMG Media takes no responsibility for any Third Party Services and in no event will we be liable for any reason arising out of your use of Third Party Services.

VIII. DIGITAL MILLENNIUM COPYRIGHT ACT; COPYRIGHT INFRINGEMENT CLAIMS

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send KMG Media a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.

The notice must include the following information:

·        A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

·        Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);

·        Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow KMG Media to locate the material on the Site;

·        Your name, address, telephone number, and e-mail address (if available);

·        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·        A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send KMG Media a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 7901 4^th St N #20962, St. Petersburg, FL 33702 or support@ketomaxgummies. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

IX. ORDERS, SALES, SHIPPING, CANCELLATIONS, RETURNS AND REFUNDS

9.1 Terms of Sale. Your orders and purchases through the Site are subject to our Terms of Sale as set forth in this Section IX.

9.2 Orders, Subscriptions, Payments and Shipping

Orders. The Product Bundles are this page are billed on the following basis:

Subscriptions. Product offers on this sale page are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) for the equivalent bundle ordered. Billing cycles are set on a monthly basis.

Subscriptions will be billed based upon bundle purchase at the following rates:
2 Bottle Bundle – $159.99
4 Bottle Bundle – $198.99
6 Bottle Bundle – $239.97 2 Bottle Bundle – $189.00
4 Bottle Bundle – $236.00
6 Bottle Bundle – $294.00

A valid payment method is required to process the payment for your Subscription. You shall provide “KMG Media” with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize “KMG Media” to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, “KMG Media” will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, and Discover, as detailed on the applicable payment screen.

Shipping. We offer free shipping with FedEx in the 48 contiguous United States of America. Additional shipping charges may apply to orders shipped to Alaska and Hawaii. All shipping costs are non-refundable. Please note that it can take up to 4 days after your order is confirmed before we begin shipping your order. Additional shipping delays may occur during holiday seasons or severe weather conditions.

9.3 Offer Codes

Offer Codes. From time to time, KMG Media may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on ketomaxgummies.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by KMG Media in its sole discretion. Only valid offer codes provided or promoted by KMG Media will be honored at checkout. Codes supplied or promoted by third parties unauthorized by KMG Media (including any unauthorized third-party websites) will not be considered valid. Each offer code promoted by KMG Media is non-transferable and valid for single use on an item (or items) of merchandise as determined by KMG Media. Offer codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as “Final Sale” unless stated otherwise, and may not be used in conjunction with the KMG Media Referral Program – customers are limited to the use of a single offer code per order. Offer codes cannot be used toward purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. KMG Media is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

9.3 Cancellations, Refunds and Returns

Cancellations. If you need to cancel an order, please email us within 24 hours at support@ketomaxgummies. If your order has not shipped, we can cancel your order and refund your full purchase amount. Please keep in mind that once an order has shipped, it cannot be cancelled without incurring shipping charges. If the items arrive, please do not open or this will affect your ability to return. If you refuse an order, it will then fall under our standard return policy, where round trip shipping costs will be deducted from your refund.

Returns. All returns of any Products must be approved by KMG Media’s Customer Service team. All returns of any Products are subject to all of our Terms and Additional Policies. No unauthorized returns will be accepted under any circumstances. All returns must be sent from the United States (not including US territories) and are subject to the conditions set forth below. KMG Media product purchased from resellers are not authorized by KMG Media, therefore are not covered by our return terms. Refunds for any permissible returns will be issued in the form of your original payment method. If you purchased the Products using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Please note that we do not refund any shipping costs or fees.

Return Procedures. All approved refunds will be issued in the form of your original payment method. Please follow the instructions below to return your Product.

If you are unsatisfied with your product for any reason you will have 30 days from the date of purchase to return the product and request a refund. You may return any Product (as defined below) purchased on ketomaxgummies.com in accordance with the terms below:

A return authorization must be requested and approved within 30 days of your date of purchase. You must contact us at [email protected] to request and receive a return mailing authorization (“RMA”). Once you RMA has been approved, we will send you an RMA number and address to send back to product.

The return authorization number must be included along with your returned product(s).
Once an RMA is approved and you are sent the RMA #, please return the bottle(s) and email us back with the RMA and the tracking # so we can track your return. You will be responsible for the return shipping expense.

Return Shipping Address:

KMG Media LLC
8152 S. Welby Park Dr
West Jordan, UT 84088

We must receive your returned Product to the address provided within 30 days of your original order to receive a refund. For multiple bottle returns, each bottle much be included in the return shipment or you will only be partially refunded for each bottle received.

Title. Risk of loss and title for Products purchased from KMG Media pass to you upon delivery of such Products (by KMG Media or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Our Rights. To the fullest extent permitted by applicable law, KMG Media reserves the right to refuse or cancel any orders at any time in our sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. Our Additional Policies may apply to any orders or cancellations.

X. PRODUCT SPECIFICATIONS

10.1 Product Specifications. KMG Media diligently works to provide accurate descriptions for our Products and services offered on the Site. However, KMG Media does not warrant that any descriptions, specifications, pricing, or other Content on the Site is complete, accurate, reliable, current, or error-free. If any Product you purchased from KMG Media is not in the condition described on our Site, your sole remedy as permitted by applicable law is to return the Product, cancel your purchase and receive a refund or credit for the purchase price.

XI. DISCLAIMER OF WARRANTIES

11.1 No Warranty of Content Accuracy. We do not represent or guarantee the truthfulness, accuracy, timeliness or reliability of the Site or any Content. Similarly, we make no representations or warranties about accuracy, reliability, completeness, or timeliness of any data from any third party, including User Content and Third Party Services, or the quality or nature of any User Content or Third Party Services accessible through the Site. You acknowledge and agree that any reliance on the Site, Content, User Content, or any material posted by Third Party Services will be at your own risk. By using the Site, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You also acknowledge that we may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

XII. INDEMNITY; OUR LIABILITY IS LIMITED

12.1 Indemnity

To the fullest permitted by applicable law, you agree to and shall defend (upon request by KMG Media), indemnify and hold the Released Parties harmless from and against any and all claims, actions, causes of action, demands, lawsuits, losses, damages, liabilities, judgments, awards, penalties, proceedings, investigations, fines, settlements, interest, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that in any way arise from or in connection with or in relation to: (i) your access and use of the Site or your activities in connection with the Site, including without limitation your User Content; (ii) your breach or alleged breach of these Terms or any Additional Policies, or your misrepresentation or alleged misrepresentation under these Terms or any Additional Policies; (iii) your violation or alleged violation of any applicable laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; and/or (iv) your infringement, misappropriation or violation of any Intellectual Property Rights or any other rights of the Released Parties or any third party (collectively, “Claims”).

In the event of any Claim made or brought against any of the Released Parties, you agree to fully cooperate as required by KMG Media or the Released Parties in the defense of such Claim. Notwithstanding the foregoing, the Released Parties hereby reserve and retain (i) the exclusive right to compromise, settle and pay any and all Claims; (ii) the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of an officer of KMG Media. For avoidance of doubt, this section is not intended to limit or waive any causes of action against the Released Parties that may not be limited or waived pursuant to applicable law.

12.2 Our Liability is Limited

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KMG MEDIA HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF OR THE INABILITY TO ACCESS OR USE THE SITE OR ANY CONTENT OR THIRD PARTY SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF YOUR ACCESS OR USE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR ANY INFORMATION, MATERIALS OR DATA, INCLUDING YOUR USER CONTENT; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE SITE, ANY CONTENT, USER CONTENT, THIRD PARTY SERVICES, OR ANY INTELLECTUAL PROPERTY RIGHTS USED IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF KMG MEDIA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

XIII. DISPUTE RESOLUTION

13.1 Generally. In the interest of resolving disputes and Claims between you and KMG Media in the most expedient and cost effective manner, you and KMG Media agree that any disputes and Claims between you and KMG Media arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration (“Arbitration”) in accordance with these Terms. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all Claims arising out of or in any way related to these Terms or your use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KMG MEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.2 Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

13.3 Arbitrator. Any Arbitration between you and KMG Media will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting KMG Media. The arbitrator has exclusive authority to resolve any Claims or disputes relating to the interpretation, applicability, or enforceability of the binding arbitration agreement set forth in these Terms.

13.4 Notice; Process. A party who intends to seek Arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). KMG Media’s address for Notice is: 7901 4^th St N #20962, St. Petersburg, FL 33702, or support@ketomaxgummies. The Notice must: (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific relief sought (“Demand”). You and KMG Media will make good faith efforts to resolve the Claim directly, but if you and KMG Media do not reach an agreement to do so within 30 days after the Notice is received, you or KMG Media may commence an Arbitration proceeding. During the Arbitration, the amount of any settlement offer made by you or KMG Media must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through Arbitration in your favor, KMG Media will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by KMG Media in settlement of the Claim prior to the arbitrator’s award; or (iii) $1,000.

13.5 Procedures; Fees. Except as otherwise set forth in these Terms, if you commence Arbitration in accordance with these Terms, KMG Media will reimburse you for your payment of the filing fee, unless your Claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Pinellas County, Florida, USA, but if the Claim is for $10,000 or less, you may choose whether the Arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse KMG Media for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

13.6 Arbitration. Any Arbitration proceeding shall be initiated and administered in Pinellas County, Florida, USA (unless you and KMG Media mutually agree to have such Arbitration proceeding in some other locale) by AAA and in accordance with the then current AAA Rules. The Arbitration shall be administered by one (1) arbitrator selected in accordance with the then current AAA Rules, and the arbitrator shall determine the exact time and location of the Arbitration. The arbitrator shall apply Florida substantive law, or federal substantive law where state law is preempted. The arbitrator shall prepare in writing and provide to the parties an award including factual findings and the legal reasons on which the award is based, which may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to commit errors of law or legal reasoning. If KMG Media is the prevailing party in any Arbitration, we shall seek an award of our reasonable attorneys’ fees, expert fees, non-expert witness costs and any other expenses incurred directly or indirectly in connection with the Arbitration, including without limitation the fees and expenses of the arbitrator.

13.7 No Class Actions. YOU AND KMG MEDIA 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. Further, unless both you and KMG Media agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding.

13.8 Modifications to Arbitration Provision. If KMG Media makes any future change to the Arbitration provisions set forth above in these Terms, other than a change to KMG Media’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to KMG Media’s address for Notice, in which case this Arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes and Claims between you and KMG Media.

13.9 Enforceability. If Section 13.7 (No Class Actions) is found to be unenforceable, then such Section 13.7 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below in Section 13.10 (Choice of Law; Venue) will govern any action arising out of or related to these Terms or your use of the Site or Products.

13.10 Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of Florida. In the event of any Claims arising out of or in connection with these Terms that are submitted to any court, then you and KMG Media agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Pinellas County, Florida. You agree to and hereby waive any objections and defenses you may have to such jurisdiction and venue.

13.11 Waiver of Injunctive Relief. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR ACCESS OR USE OF THIS SITE IN ANY MANNER, THEN SUCH LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO ANY DECLARATORY RELIEF, INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THIS MEANS THAT YOU MAY NOT SEEK AND YOU WILL NOT BE PERMITTED TO OBTAIN ANY INJUNCTIVE RELIEF IN CONNECTION WITH YOUR CLAIM THAT MAY PREVENT OR OTHERWISE INTERFERE WITH ANY DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, SOFTWARE, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY RIGHTS IN ANY WAY OWNED, CONTROLLED, LICENSED OR OTHERWISE USED BY ANY OF THE RELEASED PARTIES OR ANY OF THEIR RESPECTIVE LICENSORS.

XIV. TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice or any liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply. Any suspension or termination will not affect your obligations to KMG Media under these Terms or any applicable Additional Policies. Upon suspension or termination of your access to the Site, or upon notice from KMG Media, all rights granted to you under these Terms or any applicable Additional Policies will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any applicable Additional Policies, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to KMG Media in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory Arbitration.

XV. UPDATES TO TERMS

From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. It is your responsibility to review the posted Terms and any applicable Additional Policies each time you use the Site. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of our Site constitutes your acceptance of these Terms as modified from time to time.

EACH TIME YOU VISIT OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND ADDITIONAL POLICIES YOU AGREE THAT KMG MEDIA MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR BINDING AGREEMENT TO THE NEW TERMS AND ADDITIONAL POLICIES. 

XVI. MISCELLANEOUS PROVISIONS

16.1 Entire Agreement. These Terms (including any Additional Policies or other document or terms expressly incorporated into these Terms) constitute the entire agreement between you and KMG Media with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

16.2 Severability. If any provision of these Terms is deemed or held to be illegal, invalid, or unenforceable for any reason, such provision will be fully severable, these Terms will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms, and the remaining provisions of these Terms will remain in full force and effect, and in place of such illegal, invalid or unenforceable provision, there shall be automatically added to these Terms a provision as similar to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

16.3 Force Majeure. Notwithstanding anything to the contrary contained in these Terms, in no event will KMG Media or any Released Parties be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms or any Additional Policies, when and to the extent such failure or delay is caused by any circumstances beyond KMG Media’s reasonable control (a “Force Majeure Event”), including but not limited to acts of God, flood, fire, pandemics, , earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental, quasi-governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

16.4 No Waiver. Any failure by KMG Media to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision. No waiver of any provision of this Agreement by KMG Media shall be construed as a waiver of any other provision nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in writing signed by an officer of KMG Media.

16.5 Assignment. KMG Media may assign its rights and obligations under these Terms and any Additional Policies, in whole or in part, to any party at any time without any notice. These Terms and the Additional Policies are personal to you, may not be assigned by you, and you may not delegate your duties under these Terms or the Additional Policies without the prior written consent of KMG Media.

16.6 Investigations. To the extent permitted by applicable law and without any limitation, KMG Media reserves the right to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Policies, (iii) use any information obtained by KMG Media in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by KMG Media to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Policies, and (vi) discontinue the Site, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. 

16.7 Our Consent or Approval. With respect to any provision in these Terms or any Additional Policies that provides KMG Media a right of consent or approval or any other discretion to exercise any right, KMG Media may exercise that right in its sole and absolute discretion. No consent or approval shall be deemed to have been provided by KMG Media unless made in writing and signed by an officer of KMG Media. 

16.8 Cumulative Remedies. The rights, powers or remedies conferred upon KMG Media and/or the Released Parties by these Terms shall be mutually exclusive, and each such right, power or remedy shall be cumulative and in addition to every other right, power or remedy, whether conferred hereby or hereafter available at law, in equity, by statute or otherwise.

16.9 Construction. By visiting or using the Site in any manner, you represent and warrant to KMG Media that you have completely read the provisions of these Terms and the Additional Policies, you fully understand and voluntarily accept and agree to be bound to these Terms and the Additional Policies. Accordingly, these Terms and the Additional Policies shall not be subject to any legal presumption that any ambiguity is to be construed against the drafter, but rather, these Terms and the Additional Policies shall be interpreted solely in accordance with their objective terms.

16.10 Availability of Site, Products and Services. KMG Media controls and operates the Site from the United States of America and makes no representation or warranty that the Site is appropriate or available for use outside of the United States of America. If you use the Site from any other location, you are solely responsible for compliance with applicable laws, rules, regulations, statutes, codes, orders and the like governing your online activities and your User Content, if and to the extent local laws of such location are applicable to such activities and User Content.

XVII. CONTACT KMG MEDIA

Questions or comments about the Site, the Content, these Terms or any Additional Policies, or any of our Products or services, may be directed to KMG Media in writing by mail addressed to 7901 4^th St N #20962, St. Petersburg, FL 33702, or via email to support@ketomaxgummies.