IMPORTANT: READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS. WE ADVISE THAT YOU PRINT AND KEEP A COPY OF THIS AGREEMENT.
All content copyright 2012-current Optin Kaba, LLC ("SmackFat"). Registration for, use of, or access to the Website is governed by the following Terms and Conditions ("Terms"). By registering for, using, or accessing this Website, you agree to the Terms. You reaffirm your agreement to the Terms each time you use or access the Website. If at any time you no longer wish to be bound by the Terms you may do so by discontinuing your registration for, use of, or access to the Website at any time.
TERM AND TERMINATIONS: The Terms shall remain in full force and effect until modified or terminated by SmackFat. SmackFat shall have the right to modify or terminate the Terms in its sole discretion. The modified Terms will take effect immediately upon notice provided to you by SmackFat, which may occur from SmackFat posting the modified terms to the Website. It is your sole responsibility to remain informed about any modifications to the Terms.
NOTICE: Notice of the Terms or any subsequent modification or termination of the Terms may be provided to you by SmackFat through the use of any method or medium, including a notice on the Website.
BILLING: This site offers ketone test strips at a one time fee. The test strip product is meant to supplement and assist the current theme of the ketogenic diet. The SmackFat course is a lifetime membership. This offer is meant to provide you with the confidence that you will be acquiring a quality product that you can effectively utilize correctly.
CAPACITY: By registering for, using, or accessing the Website you represent that you are at least 18 years of age and have the legal capacity and legal competency to agree to the Terms.
ASSUMPTION OF RISK: The purpose of the Website, including the SmackFat routine, is to provide you with information regarding weight loss. You understand that any weight loss program, including the SmackFat routine, could detrimentally impact your health and involves some risk. No information provided on the Website, including the SmackFat routine, is intended as medical advice or diagnosis, and should not be construed as such. Additionally, no information provided on the Website, including the SmackFat routine, should be considered an alternative to or replacement of the information given to you by a licensed physician. You agree that it is prudent and recommended that you should consult a licensed physician before starting and throughout your participation in any weight loss program, including the SmackFat routine. SmackFat strongly urges you to seek such advice. You hereby assume all risks, including but not limited to risks to your health and safety, in connection with your participation in the SmackFat routine and/or your registration for, use of, or access to the Website. You agree, to the fullest extent allowable by law, to fully and completely waive any claim of liability you may now have or have in the future against SmackFat and its Affiliated Parties for any injury, illness, death, disability, or any other loss or damage resulting from, in connection with, or incidental to your registration form, use of, or access to the website or your participation in the Smackfat routine or any part thereof.
ACCOUNT RESPONSIBILITY: In the event, you register an account to use or access any portion of the Website, you agree to provide SmackFat with accurate and complete information about yourself ("Personal Data"). In the event your Personal Data is no longer accurate and complete, you also agree to promptly update your Personal Data so that it becomes accurate and complete. You agree not to assign, transfer, or sublicense your rights resulting from your registration for, use of, or access to the Website. It is and remains your sole responsibility to protect your account from unauthorized access. Steps you may take to protect your account include but are not limited to maintaining, keeping confidential, and safeguarding your account user name and password. You are solely responsible for any actions taken by you with respect to your account as well as actions taken by any person you authorize to access your account. You agree to indemnify SmackFat for any damages or losses incurred by SmackFat or any other person or entity resulting from your use of your account or the authorized or unauthorized use of or access to your account by any third party.
USER CONTENT: User content includes material provided to Smackfat in any form, including but not limited to text, photography, image(s), video(s), sound recording(s), information, data, statement(s) of fact, representation(s), and/or opinion(s), provided in any manner by you, by any third party at your direction or with your authorization, or provided by any third party who has accessed your account with or without authorization ("User Content").
You may only provide User Content that you own or have permission from its owner to provide. By providing User Content to Smackfat you represent and warrant that: (i) you own the User Content or have permission and authorization from the User Content's owner to provide the User Content; (ii) the User Content is complete, accurate, truthful, and not misleading; (iii) the User Content will not violate the rights of any third party including but not limited to rights in connection with copyright(s), trademark(s), trade secret(s), other proprietary right(s), right(s) of publicity, and right(s) of privacy; and (iii) the User Content does not violate any applicable local, state, national, or international law or regulation.
By providing User Content to SmackFat, you assign to SmackFat and its Affiliated Parties a perpetual, irrevocable, exclusive, and royalty-free worldwide right, including any moral right, to use the User Content in any manner and in any medium, Smackfat and/or its Affiliated Parties see fit. You understand that by providing User Content to SmackFat you are relinquishing any ownership interest you previously had with respect to the User Content. You agree that SmackFat and/or its Affiliated Parties need not obtain further permission from or approval by you for any use(s) of the User Content, nor must Smackfat and/or its Affiliated Parties compensate you for their use(s), individually or collectively, of the User Content. You agree to indemnify SmackFat for any damages or losses incurred by SmackFat or any other person or entity resulting from your violation of these provisions.
RIGHTS OF PUBLICITY AND PRIVACY: You agree that SmackFat and its Affiliated Parties may use any User Content it receives in any way and in any medium it sees fit, including for advertising, promotion, and other commercial purposes. You hereby consent and irrevocably grant permission to SmackFat and its Affiliated Parties to use your name, image, personality, and likeness should it receive any of them as User Content. Accordingly, you hereby waive all rights and release Smackfat and its Affiliated Parties from, and shall not sue or bring any action or proceeding against SmackFat or its Affiliated Parties for, any claim, demand, or cause of action, whether known or unknown, for invasion of privacy, publicity, personality, or any related matter, defamation or similar causes of action, and any use(s) by SmackFat or its Affiliated Parties of your name, image, personality, and likeness for advertising, promotion, or commercial purposes. You further agree that neither SmackFat nor its Affiliated Parties need to obtain further permission from or approval by you for any use(s) of the User Content, and neither Smackfat nor its Affiliated Parties must compensate you for their use(s), individually or collectively, of the User Content.
THIRD PARTY MATERIAL: Material includes but is not limited to any text, photography, image(s), video(s), sound recording(s), information, data, statement(s) of fact, representation(s), and/or opinion(s) provided by any third party to the Website ("Material"). SmackFat does not endorse nor is SmackFat responsible for any Material. SmackFat does not guarantee the accuracy or integrity of any Material. Your reliance upon any Material is solely your responsibility. You agree not to hold SmackFat or its Affiliated Parties liable for any perceived or actual damage or loss resulting from your reliance upon any Material. Additionally, certain links to third party web sites or information that may be included in or as part of the services are provided solely as a convenience to you. If you use these links, you will leave our Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by SmackFat of the third party, the third-party web site, or the information contained therein. SmackFat is not responsible for the availability of any such web sites. SmackFat is not responsible or liable for any such web site or the content thereon.
WEBSITE OWNERSHIP AND USE: You acknowledge and agree that the Website is owned by SmackFat. If any portion of the Website is not owned by SmackFat, you acknowledge and agree that it is not owned by you. You retain no right, title, or interest in the Website or any portion thereof, including but not limited to any information provided to you on the Website or by SmackFat and its Affiliated Parties. You understand that Smackfat grants you a non-exclusive, non-transferable, limited right to register for, access, and use the Website, along with any information provided to you on the Website or by SmackFat (including the SmackFat routine). You acknowledge and agree that the Website, including the SmackFat routine, is protected by copyrights, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in their current form and in any form, media, and technology not now existing but later developed. SmackFat and its Affiliated Parties may enforce their rights in the Website and in any information provided to you by SmackFat to fullest extent afforded under the law. You agree not to infringe upon or violate any rights of Smackfat or its Affiliated Parties in or to the Website or any other information provided to you by SmackFat, including but not limited to each party's rights in connection with copyright(s), trademark(s), trade secret(s), and/or other proprietary right(s). You also agree not to exploit, commercially or otherwise, the information provided to you on the Website or by SmackFat.
PROHIBITED ACTIVITIES. You agree not to undertake any of the following prohibited activities during or in connection with your registration form, use of, or access to the Website:
(i) Violating any applicable local, state, national, or international law or regulation;
(ii) Providing any content that is considered obscene, lewd, to contain nudity, sexually explicit, harassing, threatening, violent, abusive, or otherwise unlawful or objectionable;
(iii) Providing content that you do not own or have a right to provide;
(iv) Violating the rights of any third party, including but not limited to rights in connection with any copyright(s), trademark(s), trade secret(s), another proprietary right (s), right(s) of publicity, and privacy right(s);
(v) Representing to be any third party other than yourself;
(vi) Providing any information that is incomplete, inaccurate, false, or misleading;
(vii) Competing with Smackfat by advertising or soliciting business on the Website, or otherwise disrupting the business of SmackFat;
(viii) Transmitting any unsolicited or unauthorized content including advertising and promotional materials, spam, junk mail, viruses, chain letters, pyramid schemes, or other harmful content, computer code, files, programs, and the like;
(ix) Soliciting, collecting, or offering to solicit or collect the personal information of other users of the Website;
(x) Attempting to access or accessing another person or entity's account without that party's consent and permission;
(xi) Authorizing any person to use or access your account to undertake any action in violation of the Terms; or
(xii) Otherwise acting in a way that detrimentally affects the quality of another's use of or experience with the Website.
MONITORING. SmackFat may, at its sole discretion, monitor, review, edit, or delete any User Content or Material; but, Smackfat is under no obligation to do so. SmackFat assumes no liability for any User Content or Material. SmackFat will cooperate with law enforcement or mandatory court order requiring or requesting SmackFat disclose the identity of any user or third party who provided User Content or Material in violation of the Terms.
RESTRICTION AND TERMINATION: You agree that SmackFat reserves the right to restrict or terminate your registration for, use of, and/or access to the Website in the event you violate any of the Terms. SmackFat need not provide you notice of its decision to restrict or terminate your registration for, use of, and/or access to the Website, and you agree that SmackFat shall not be liable to you or any third party for such restriction and/or termination.
LIMITATION OF LIABILITY AND INDEMNIFICATION. IN NO EVENT WILL SMACKFAT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE. MATERIALS OR THE USER CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE USER CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, MATERIALS OR THE USER CONTENT, EVEN IF SMACKFAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You agree to comply with the Terms. You also agree to indemnify, defend, and hold harmless SmackFat and its Affiliated Parties for your violation of the Terms, including but not limited to any claims, actions in equity, direct damages, indirect damages, incidental damages, special damages, consequential damages, punitive damages, and/or any other tangible or intangible loss resulting from or in connection with your violation of these Terms.
DISCLAIMERS AND WARRANTIES. THE PRODUCTS, SERVICES, INFORMATION, AND DATA PROVIDED BY SMACKFAT AND ITS AFFILIATED PARTIES ON THE WEBSITE OR OTHERWISE ("PRODUCTS") ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMACKFAT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, SUCH AS THOSE FOR FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. SMACKFAT AND ITS AFFILIATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE, RESULTS FROM THE USE, ACCURACY, RELIABILITY, SECURITY, AND/OR SAFETY OF THE PRODUCTS. ANY OF THE PRODUCTS OBTAINED OR USED BY YOU THROUGH YOUR REGISTRATION FOR, USE OF, OR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, YOUR COMPUTER SYSTEM, YOUR DATA, AND/OR ANY THIRD PARTY RESULTING FROM YOUR OBTAINMENT OR USE OF ANY OF THE PRODUCTS.
GOVERNING LAW. The terms and any subsequent modifications shall be deemed executed in the state of Indiana and shall be governed by and construed in accordance with the laws of the state of Indiana without giving effect to conflicts of law principles. You irrevocably agree to the exclusive jurisdiction of the courts located within the state of Indiana for any claim, dispute, or matter arising out of, in connection with, or concerning the Terms. You waive any objection to proceedings in such courts on the grounds of venue or inconvenient forum. Nothing in this clause shall limit the right of SmackFat or its Affiliated Parties to take proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of such other jurisdiction.
ATTORNEY'S FEES: Each party shall bear its own costs and attorneys' fees incurred in discussions regarding the parties leading up to and including the preparation of the Terms or a modification of the Terms. If, however, any action at law or in equity is brought to enforce or interpret the provisions of the Terms, the prevailing party in such action shall be entitled to recovery of reasonable attorneys' fees and costs.
ENTIRE AGREEMENT: The Terms sets forth the entire agreement between the parties and supersede any and all prior and contemporaneous oral or written agreements or understandings between the parties in connection with the subject matter of the Terms. No representation, promise, inducement, or statement of intention has been made by any party that is not embodied in the Terms. The Terms may be modified only by SmackFat, or by written agreement of both parties.
BINDING EFFECT: The Terms shall be binding on and inure to the benefit of the parties hereto. Each party will have all of the rights and remedies available at law and in equity to enforce its respective rights under the Terms. Should any provision of the Terms be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of the Terms. In such event, the parties agree that the court may impose any lesser restrictions it considers appropriate to protect the interests of the parties, as may be applicable.
HEADINGS. The headings used in the Terms are for convenience only. The headings in no way limit the scope of the Terms, and they have no legal effect.
If you do not agree with and accept the Terms, then you may NOT register for, use, or access the Website.
If you have any questions regarding the Terms please contact us at:
We reserve the right to make changes to these terms. Any changes to these terms will be posted.