Terms of Service and Use for the KetoDietCalculator Website

Last Modified: May 10, 2024

The KetoDietCalculator is owned by Ketogenic Therapies LLC (KT-LLC), and provides secure, private access to personal health information (“PHI”). By visiting this website, you agree to be bound by the terms and conditions of this Terms of Service and Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

The date the Terms of Service and Use were last revised is identified at the top of the page. If we make subsequent material changes to the Terms of Service and Use, we will notify you by email to the email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and these Terms of Service and Use to check for any changes. KT-LLC reserves the right to update or change the Terms of Service and Use, at any time and for any reason, by posting the modified Terms of Service and Use on this website.

Permitted Uses and Restrictions on Use

The Website is a tool to create and review ketogenic diet therapy for your clients. KT-LLC is in no way responsible for the accuracy or the adequacy of information that you create. By using the Website, you agree, understand and acknowledge (i) you have not established a legal relationship with KT-LLC; and (ii) KT-LLC is not providing medical or treatment related advice to you. You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, understand and acknowledge that, in no event, shall you allow any unauthorized users to access the Website using your user-id and password. KT-LLC is not responsible for breaches of confidentiality caused by you or anyone accessing the Website using your user-id and password, whether authorized by you or not.

Modifications to the Service or Agreements

KT-LLC reserves the right, at any time, and from time to time, to update the Website (or any part thereof) with notice to you. You agree that KT-LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. You acknowledge that KT-LLC is not obligated to support all web browsers and KT-LLC is not obligated to continue support of any web browsers it supported at an earlier time. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Termination

You acknowledge and agree that KT-LLC may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the Website, without prior notice, for any reason, including, without limitation, if you engage in any conduct that KT-LLC believes, in its sole discretion: (a) violates any term or provision of this Terms of Service and Use; (b) violates the rights of KT-LLC; or (c) is otherwise inappropriate for continued access and use of the Website. In addition, KT-LLC reserves the right to terminate inactive membership accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Further, you agree that KT-LLC shall not be liable to you or any third party for any termination of your access to the Website. You agree to defend, indemnify, and hold KT-LLC harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service and Use, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Website.

Custodians

In the event you elect to provide a professional colleague access to any PHI, you agree, understand and acknowledge that KT-LLC shall not be responsible for any PHI transmitted to such custodian.

No Resale, etc. of the Service

You acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, sell, resell, rent, or sublicense (including offering the Website to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Website, allow unauthorized use or access to the Website. You agree not to access the Website by any means other than through the interface that is provided for use in accessing the Website. You acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF WEBSITE IS AT YOUR SOLE RISK. WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KDC-LLC EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, HEALTH, FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) KDC-LLC MAKES NO WARRANTY THAT (i) WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBSITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY INFORMATION, OBTAINED BY YOU THROUGH WEBSITE WILL MEET YOUR EXPECTATIONS. KDC-LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE AND USE OR WEBSITE. KDC-LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF WEBSITE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF WEBSITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. KDC-LLC IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN WEBSITE. KDC-LLC DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KDC-LLC OR THROUGH OR FROM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.

Representations and Warranties

You represent that, to the best of your knowledge and belief, your use of the Website does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Website. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KDC-LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KDC-LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA, INFORMATION, OR SERVICE OBTAINED THROUGH FROM WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU ALSO AGREE THAT KDC-LLC WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THE WEBSITE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND KDC-LLC REASONABLE CONTROL. IN NO EVENT SHALL KDC-LLC BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Exclusions and Limitations

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 MAY NOT APPLY TO YOU.

General Information

The Terms of Service and Use constitutes the entire agreement between you and KDC-LLC and governs your use of the Website, superseding any prior agreements between you and KDC-LLC (including, but not limited to, any prior versions of the Terms of Service and Use) with respect to its subject matter. The Terms of Service and Use does not limit any rights that KDC-LLC may have under trade secret, copyright, patent, trademark, or other laws. The failure of KDC-LLC to exercise or enforce any right or provision of the Terms of Service and Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service and Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service and Use shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service and Use must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service and Use are for convenience only and have no legal or contractual effect. The Terms of Service and Use will inure to the benefit of KDC-LLC and its successors and assigns.

Conduct

You agree to not use the Website to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any KDC-LLC representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Website; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to Website; or (j) incite or provide instructional information about illegal activities.