Terms of Service
TERMS OF SERVICE of KETO KRATE, LLC
Terms of Service
Terms of Service
TERMS OF SERVICE of KETO KRATE, LLC
Welcome to Keto Krate! The Keto Krate Website and services are provided by Keto
Krate, LLC (“Keto Krate”, “we” “us” or “our”). These terms and conditions (these “Terms
and Conditions”) govern your (“you” or “your”) access to and use of the KetoKrate.com
web site (the “Website”) and all services provided by Keto Krate via the Website
including without limitation our monthly product and gift service (collectively, the
Keto Krate provides a subscription service for a monthly delivery of low carbohydrate
items (“Products”). Access to the Website, use of the Services, and purchase of the
available on the Website.
Acceptance of Terms
By using our Website or subscribing to our Services, you indicate your unconditional
acceptance of the following Terms and Conditions. Please read them carefully, as they
may have changed since your last visit. The most recent version of these Terms and
Conditions may always be viewed at http://ketokrate.wpengine.com/terms-of-service
Scope of Service
Keto Krate maintains this Website as a service to the user community that visits the
Website subject to these Terms and Conditions. You are responsible for obtaining any
equipment and Internet service necessary to access our Website and for paying any
fees for the equipment and service you select. We may alter, suspend, or discontinue
this Website or the Services in whole or in part, at any time and for any reason, without
notice. The Website may also periodically become unavailable due to maintenance or
malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the
Content of this Website subject to these Terms and Conditions. The term “Content”
means all information, text, images, data, links, software, or other material accessible
through the Website or Services, whether created by us or provided by another person
for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies.
We reserve the right to make changes to document names and content, descriptions or
specifications of products or services, or other information without obligation to issue
any notice of such changes.
You may view, copy, download, and print Content that is available on this website or
through the Services, subject to the following conditions:
• The Content may be used solely for internal informational purposes. No part of this
website or its Content may be reproduced or transmitted in any form, by any means,
electronic or mechanical, including photocopying and recording for any other purpose.
• The Content may not be modified.
• Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use this Website or any Content displayed
on this Website, through the use of framing or otherwise, except: (a) as expressly
permission of such third party that may own the trademark or copyright of material
displayed on this Website.
ADA Accessibility Policy
We are happy to accommodate users with special needs or requirements. Keto Krate is
committed to providing its employees and the public, including persons with disabilities,
with access to the Website and its related information and services. In designing the
website, Keto Krate makes reasonable efforts to comply with the WCAG 2.1 Level AA
web accessibility standards. The Website has been designed to reach the widest
audience possible, but, if you have difficulty viewing the Website, using the Website, or
performing any transaction through the Website, you are encouraged to contact Keto
Krate at xxx-xxx-xxxx.
Registration and Membership; Product Sales
In order to start your ongoing Keto Krate monthly subscription, you must register as a
member on our Website. To register you can simply provide your shipping information
including your address and billing information, and your valid email address and
password to create your login profile. For your convenience as a Keto Krate member, all
are responsible for keeping your registration information up to date through the account
page on the Website.
As a registered user of Keto Krate, you agree to receive emails promoting any special
offer(s), including third party offers. We may from time to time send you our monthly
newsletter. You may opt-out from receiving special promotions or our newsletter by
emailing email@example.com or selecting to unsubscribe as may be provided in the
applicable e-mail correspondence.
As a subscribed Keto Krate member, each month we will ship you a package with a
different selection of items from various food brands. Each month of your subscription,
the selection of Products may change. Accordingly, Keto Krate cannot guarantee that a
selection available in a particular timeframe will be available in any subsequent
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR
THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
Billing and Payments
All information that you provide to register with Keto Krate including your credit card
goods is payable in full before delivery. We accept the following credit cards at this time:
Visa, MasterCard, Discover, or American Express. You will automatically be charged
each month for your ongoing subscription. For your convenience and continuous
subscription benefits as a member, if your payment method reaches its expiration date
and you do not edit your credit card information or cancel your account, you authorize
us to continue billing that credit card on file including extending the expiration date until
we are notified by you or the credit card company that the account is no longer valid.
We encourage you to constantly update your payment method information or cancel
your account should you wish to discontinue your monthly purchase of Products.
We use a third party payment service in lieu of directly processing your credit card
information. By submitting your credit card information, you grant Keto Krate the right to
store and process your information with the third party payment service, which it may
change from time to time; you agree that Keto Krate will not be responsible for any
failures of the third party to adequately protect such information. All financial matters
regarding your information are subject to the conditions of the third party payment
service provider’s terms of service; the current versions is attached as a link at
https://stripe.com/terms and https://www.braintreepayments.com/legal. You
acknowledge that we may change the third party payment service and move your
information to other service providers that encrypt your information using secure socket
layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are
included with your order. Shipping dates and/or arrival times are only estimates. For
loss/damage claims, you must notify Keto Krate within 30 days of the date of your
purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed
as not received are subject to our investigation, which may include postal-service
notification. We will adjust your account at our discretion. Repeated claims of
undelivered merchandise may result in the cancellation of your membership.
Returns and Exchanges
If a Product is defective or if something is missing or damaged, you may return it and
we will send you a new item or credit your account. To request a refund, please contact
us at firstname.lastname@example.org. When returning Products, it is your responsibility to take
reasonable care to see that the Products are not damaged in transit and are received by
us at our address as displayed on the postage label. Please note, credits resulting from
the monthly charge are only available up to 30 days past the date of the charge.
Refunds are provided at the sole discretion of www.KetoKrate.com.
You may be charged local sales tax or VAT, if applicable.
This Website may be accessed from countries other than the United States. This
Website and the Services may contain products or references to products that are only
available within the United States and U.S. territories. Any such references do not imply
that such products will be made available outside the United States. If you access and
use this Website outside the United States you are responsible for complying with your
local laws and regulations.
Membership Cancellations (Cancellation Policy)
If you are not completely satisfied with Keto Krate, you can cancel your membership
and discontinue your monthly payments at any time.
In order to cancel before you are re-billed for the next shipment, login to our customer portal and select ‘cancel subscription’ prior to the renewal date on the 3rd of each month.
IF YOU DO NOT CANCEL PRIOR TO THE THIRD DAY OF A CALENDAR MONTH,
YOU CANNOT BE REFUNDED FOR THAT MONTH’S SHIPMENT. WE DO NOT
OFFER REFUNDS ON BOXES THAT HAVE ALREADY BEEN SHIPPED.
***Cancelling an ‘order’ and cancelling a ‘subscription’ are two different events. Our customer portal will allow you to cancel your subscription automatically which will result in no future charges or orders. If you are rebilled on the third of the month we cannot cancel or refund that order. If however you which to cancel an order shortly after signup, if for example it was made by accident or you changed your mind about joining, please reach out to support.***
Limitation of Liability
IN NO EVENT SHALL KETO KRATE OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR
COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF
THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE
OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED
THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE KETO KRATE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION
WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY
PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE,
SHALL NOT EXCEED THE AMOUNT YOU PAID TO KETO KRATE IN THE THEN-
PRIOR CALENDAR MONTH.
No Medical or Professional Advice
Any information available on this website, social media, or provided by any Keto Krate
employee or agent, whether by telephone, e-mail, letter, facsimile or other form of
communication, is for informational purposes or general guidance and does not
constitute medical or other professional advice. Any nutrition-related information
provided through this website is not a substitute for medical advice and it is important
that you not make medical decisions without first consulting your personal physician or
other healthcare professional. The receipt of any questions or feedback you submit to
us does not create a professional relationship and does not create any privacy interest
By using this Website, our Services, or supplied Products, you agree to indemnify, hold
harmless and defend Keto Krate from any claims, damages, losses, liabilities, and all
costs and expenses of defense, including but not limited to, attorneys’ fees, resulting
directly or indirectly from a claim by a third party that arises in connection with use of
this Website, Services, or Products by you or any other person accessing the Website
using your member login account.
Content Submitted by Users
You may use this Website (but not subscribe to our Services) without volunteering
information on our practices for handling personally identifiable information. However, if
you choose to provide information to register for or participate in a service, event, or
promotion on this Website or to use our Services, you agree that you will provide
accurate, complete, and up to date information as requested on the screens that collect
information from you.
We are not responsible or liable for the conduct of users or for any views, opinions and
statements expressed in Content submitted for public display through our Website, such
as through an online discussion forum or chat room. We do not prescreen information
posted to online discussion forums or chat rooms, if any. With respect to such forums
and chat rooms, we are acting as a passive conduit for such distribution and are not
responsible for Content. Any opinions, advice, statements, services, offers, or other
information in Content expressed or made available by users of an online discussion
forum or chat room are those of the respective author(s) or distributor(s) and not of Keto
Krate. We neither endorse nor guarantee the accuracy, completeness, or usefulness of
any such Content. You are responsible for ensuring that Content submitted to this
Website is not provided in violation of any copyright, trade secret or other intellectual
property rights of another person or entity. You shall be solely liable for any damages
resulting from any infringement of copyrights, trade secret, or other intellectual property
rights, or any other harm resulting from your uploading, posting or submission of
Content to this Website.
We have the right, but not the obligation, to monitor Content submitted to our Website
through an online discussion forum or chat room, to determine compliance with these
Terms and Conditions and any other applicable rules that we may establish. We have
the right in our sole discretion to edit or remove any material submitted to or posted in
any online discussion forum or chat room provided through this Website. Without
limiting the foregoing, we have the right to remove any material that Keto Krate, in its
sole discretion, finds to be in violation of these Terms and Conditions or otherwise
objectionable, and you are solely responsible for the Content that you post to this
By accessing our Website or any chat room, online discussion forum, or other service
provided through our Website, you agree to abide by the following standards of conduct.
You agree that you will not, and will not authorize or facilitate any attempt by another
person, to use our Website or any related chat room or online discussion forum to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise
objectionable, as determined by Keto Krate.
• Use a name or language that Keto Krate, in its sole discretion, deems offensive.
• Post defamatory statements.
• Post hateful or racially or ethnically objectionable Content.
• Post Content which infringes another’s copyright, trademark or trade secret.
• Post unsolicited advertising or unlawfully promote products or services.
• Harass, threaten or intentionally embarrass or cause distress to another person or
• Impersonate another person.
• Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
• Exploit children under 18 years of age.
• Engage in disruptive activity such as sending multiple messages in an effort to
monopolize the forum.
• Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
• Obtain unauthorized access to any computer system through the Website.
• Invade the privacy of any person, including but not limited to posting personally
identifying or otherwise private information about a person without their consent (or
their parent’s consent in the case of a child under 13 years of age).
• Solicit personal information from children under 13 years of age.
• Violate any federal, state, local, or international law or regulation.
• Encourage conduct that would constitute a criminal or civil offense.
Keto Krate does not claim ownership of any materials you make available through the
Website. With respect to any materials you submit or make available for inclusion on the
Website, you grant Keto Krate a perpetual, irrevocable, non-terminable, worldwide,
royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify,
create derivative works, and sublicense such materials or any part of such materials.
You hereby represent, warrant and covenant that any materials you provide do not
include anything (including, but not limited to, text, images, music or video) to which you
do not have the full right to grant Keto Krate the license specified above. You further
represent, warrant and covenant that any materials you provide will not contain libelous
or otherwise unlawful, abusive or obscene material. Keto Krate will be entitled to use
any content submitted by you without incurring obligations of confidentiality, attribution
or compensation to you.
Keto Krate services are available only to, and may only be used by, individuals who are
18 years and older who can form legally binding contracts under applicable law.
Individuals under the age of 18 can use this service only in conjunction with and under
the supervision of a parent or legal guardian. In this case, the adult is the user and is
responsible for any and all activities, subscribers and purchasers.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Keto
Krate and/or its affiliates or licensors, and is protected from unauthorized copying and
dissemination by United States copyright law, trademark law, international conventions
and other intellectual property laws. Product names are trademarks or registered
trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by
Keto Krate and with the expectation that such Content will be made publicly accessible
through our Website. By submitting such Content, however, you agree to grant us a
world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute,
reproduce, modify, adapt, create derivative works from, and publicly perform or display
such Content. This license shall remain in effect until we delete the Content from our
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringe your copyright, you may
request that they be removed by emailing email@example.com. This request must
bear a signature (or electronic equivalent) of the copyright holder or an authorized
representative and must include the following information: (1) identification of the
copyrighted work that you believe to be infringed, including a description of the work
and, where possible, a copy or the location of an authorized version of the work; (2)
identification of the material that you believe to be infringing and its location, including a
description of the material, its Website location or other pertinent information that will
help us to locate the material; (3) your name, address, telephone number, and email
address; (4) a statement that you have a good faith belief that the complained of use of
the materials is not authorized by the copyright owner, its agent, or the law; (5) a
statement that the information in your claim is accurate; and (6) a statement that “under
penalty of perjury,” you declare that you are the lawful copyright owner or are authorized
to act on the owner’s behalf.
In an effort to protect the rights of copyright owners, we maintain a policy for the
termination, in appropriate circumstances, of users of this Website who are repeat
When you register to participate in Keto Krate services on this Website, you may be
required to establish a login identifier and a password. You are responsible for
protecting your login and password from unauthorized use, and you are responsible for
all activity that occurs on your account (including without limitation financial obligations).
You agree to notify us immediately if you believe that your login or password has been
or may be used without your permission so that appropriate action can be taken. We
are not responsible for losses or damage caused by your failure to safeguard your login
Disclaimer of Warranty
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE
SUITABLE FOR YOUR USE AND CONSUMPTION. WE ARE NOT ABLE TO
PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
Under no circumstances will we be liable for any loss or damage caused by your use of
the Products or your reliance on information in any Content on this Website. YOU
AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR
RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A
CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN KETO KRATE’S
YOU MAY RETURN DEFECTIVE PRODUCTS WITHIN THIRTY (30) DAYS OF
DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS
SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR
ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT
WITHOUT LIMITATION, KETO KRATE DOES NOT WARRANT THAT: (i) THE
INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE
PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR
SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE
DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE
WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL
BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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.
Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a
convenience. Any outside Website accessed from our Website is independent from
Keto Krate, and we have no control over the content of such Websites. We are not
responsible for the content of any linked Website or for any loss or damage incurred in
connection with your use such links or dealings with the operators of such third-party
No Implied Endorsements
In no event shall any reference to any third party or third-party product or service be
construed as an approval or endorsement by Keto Krate of that third party or of any
product or service provided by a third party. Likewise, a link to any third-party Website
does not imply that we endorse or accept any responsibility for the content or use of
such a Website. Keto Krate does not endorse, warrant or guarantee any product or
service offered by any third party through an online discussion forum or chat room
accessible through this Website and will not be a party to or in any way monitor any
transaction involving any third-party providers of products or services. As with the
purchase of a product or service through any medium or in any environment, you are
responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or
Services we provide, are appropriate or available for use outside the United States.
Those who choose to access this Website from outside the United States do so on their
own initiative and at their own risk and are responsible for compliance with applicable
We may terminate any user’s monthly subscription or access to our Website or
Services, including access to any online discussion forum or chat room, in our sole
discretion, for any reason and at any time, with or without prior notice. It is our policy to
terminate users who violate these terms and conditions, as deemed appropriate in our
sole discretion. You agree that we are not liable to you or any third party for any
termination of your access to our Website or Services.
ARBITRATION AND CLASS ACTION WAIVER
You and Keto Krate agree that any dispute, claim or controversy arising out of or
in relation to your use of the Website, this Agreement, or the applicability, breach,
termination, validity, enforcement, or interpretation thereof, will be settled by
binding individual arbitration. If there is a dispute about whether this arbitration
clause can be enforced or applies to the dispute between you and Keto Krate, you
and Keto Krate agree that the arbitrator will decide that issue. Notwithstanding
the foregoing, you and Keto Krate each agree that any claim related to actual or
threatened infringement, misappropriation, or violation of a party’s copyrights,
trademarks, trade secrets, patents, or other intellectual property rights will not be
subject to this arbitration clause or arbitration. However, all claims related to
actual or threatened infringement, misappropriation, or violation of a party’s
copyrights, trademarks, trade secrets, patents, or intellectual property rights will
be interpreted under Texas law and will be heard exclusively in the state and
federal courts located in Texas.
You and Keto Krate agree that the Federal Arbitration Act will govern the
interpretation and enforcement of this arbitration provision. The arbitration will be
administered under American Arbitration Associations’ most recent Commercial
Arbitration Rules then in effect except where as modified herein. The arbitration
will be conducted in Texas and will be decided by a single arbitrator randomly
selected from a list of neutral arbitrators maintained by the American Arbitration
Association. Judgment on any award rendered by the arbitrator may be entered in
any court having jurisdiction. The arbitrator will be provided with the right to
award costs and attorneys’ fees to the prevailing Party. This arbitration will be
held in Texas and both parties agree that they will be required to be present in
Texas for arbitration under the terms of this Agreement and hereby submit to
exclusive personal jurisdiction in Texas. The arbitrator will apply the laws of the
State of Texas and the federal laws of the United States in deciding any
controversy or claim pursuant to this arbitration clause.
You and Keto Krate acknowledge and agree that each are waiving the right to a
trial by jury as to all arbitrable disputes.
You and Keto Krate acknowledge and agree that, to the fullest extent permitted
under the law, each are waiving the right to participate as a plaintiff or class
member in any class action lawsuit, class arbitration, or private attorney general
action. If this class action waiver is held unenforceable with respect to the
dispute between the Parties, the Parties agree that the entirety of the arbitration
clause will be deemed void with respect to such dispute and the dispute must
proceed in court.
If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable,
that part will be deemed severable and shall not affect the validity and enforceability of
the remaining provisions.
These Terms and Conditions constitute the entire agreement between the parties
relating to the subject matter herein. We may, at our sole discretion and without notice,
revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about these Terms and Conditions, please contact
1621 E. 6th Street
Austin, TX 78702
Copyright © 2020, Keto Krate, LLC. All Rights Reserved.