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Terms and Conditions

Last Updated: January 31, 2024

1. INTRODUCTION

These Terms and Conditions (the “Terms”) are an agreement between you and Konscious LLC, Enclave LLC, its affiliated entities, successors and assigns dba Konscious Brands (“Konscious Brands”) and govern your access to and use of the Konscious Brands websites that link to these Terms (each a “Site” and collectively the “Sites”), the services provided through the Sites, and your purchase of products through the Sites. Konscious Brands maintains the Sites for your information and personal use to educate consumers and communicate about its products.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. BY CHECKING A BOX ON A SITE INDICATING YOUR ACCEPTANCE OF THESE TERMS, BY PURCHASING A PRODUCT THROUGH A SITE, OR BY OTHERWISE ACCESSING OR USING A SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THE SITES.

SECTION 3 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

2. CHANGES TO THESE TERMS

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE THESE TERMS WERE LAST UPDATED IS NOTED UNDER THE “TERMS & CONDITIONS” HEADING ABOVE. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. WE WILL MAKE REASONABLE EFFORTS TO NOTIFY YOU OF ANY MATERIAL CHANGES TO THESE TERMS VIA A SERVICE NOTIFICATION OR AN EMAIL TO THE EMAIL ADDRESS YOU PROVIDE TO US. YOUR CONTINUED USE OF A SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

3. DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

Mandatory Arbitration of Disputes. You and Konscious Brands agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Additionally, Konscious Brands may seek and obtain equitable relief in a court of competent jurisdiction as described in Section 16 below.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators rather than by a judge or jury. Arbitration is more informal, however, but an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted under AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.

Selection of Arbitrator and Costs. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, Konscious Brands will promptly reimburse you for any standard filing fee which may have been required under the AAA Rules once you have notified Konscious Brands in writing and provided a copy of the arbitration proceedings. However, if Konscious Brands is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Konscious Brands including the filing fee.

Class Action and Trial-by-Jury Waiver. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration will be heard by a jury or may be brought as a private attorney general action. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Konscious Brands and may not preside over any representative or class proceeding against Konscious Brands. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void, and in such instance any dispute between us will be resolved exclusively in the federal or state courts located in New York County, New York, you and Konscious Brands consent to exclusive jurisdiction and venue in these courts.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST KONSCIOUS BRANDS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT, AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY.  

4. GOVERNING LAW

These Terms and Conditions and the Privacy Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby.

5. LICENSE GRANT

Konscious Brands grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites conditioned on your continued compliance with these Terms. If you are using a Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with Konscious Brands. Nevertheless, your use will be subject to these Terms. Except as expressly set forth herein, these Terms grant you no rights in or to our intellectual property or the intellectual property of any other party. The license granted in this section is conditioned on your full compliance with these Terms. In the event that you breach any provision of these Terms, your rights under this section will immediately terminate.

6. THE SITES DO NOT PROVIDE MEDICAL ADVICE

The content of our Sites and any information provided in response to a request made, question presented, or survey completed by you (the “Information”) is for informational purposes only. The Information is not a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment, or starting any new medication or treatment, whether or not the subject was covered by the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and healthcare topics and is not applicable to any individual’s specific medical problems, concerns, and/or needs. Any action you take with the Information provided is solely at your own risk and expense.

7. THE SITES ARE INTENDED FOR ADULTS

You should be aware that the Sites are not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we know who is under the age of 18. By accessing or using a Site, or submitting information of any kind to a Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). Any individual using a Site on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. These Terms are void where prohibited.

8. LIMITATIONS ON SUBMITTING CERTAIN INFORMATION TO KONSCIOUS BRANDS

You may have the opportunity through our Sites to contact us with questions regarding our products, dietary supplements in general, or health matters in general. Do not send us any medical, therapeutic, or treatment questions. Konscious Brands and any experts featured on a Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.

9. OWNERSHIP, RESTRICTIONS ON THE USE OF KONSCIOUS BRANDS MATERIALS AND THE SITES

a. Ownership of Konscious Brands Materials and Intellectual Property.

The Sites, and all materials, including without limitation, text, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners, and software, contained in the Sites (“Konscious Brands Materials”) are the property of Konscious Brands, Konscious Brands affiliates, and/or third-party licensors and are protected by copyright laws. All trademarks, service marks, and trade names shown on the Sites are proprietary to Konscious Brands or its affiliates and/or third-party licensors. Nothing contained in a Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on the Site without the written permission of Konscious Brands or the respective owner of the trademark. Unauthorized use of the Konscious Brands Materials is a material breach of these Terms and a violation of intellectual property rights. All rights not expressly granted in these Terms are reserved to Konscious Brands or its affiliates and/or third-party licensors, whichever is the owner of any specific Konscious Brands Material.

b. Restrictions on the Use of Konscious Brands Materials.

Konscious Brands Materials may not be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third-party content, such as Third Party Content Providers (see discussion below under the heading “Third Party Content Providers”), you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Konscious Brands Materials, (iii) you do not use the Konscious Brands Materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of Konscious Brands Materials to a database that can be used to avoid future downloads from a Site. The use by you of any Konscious Brands Materials on any other website or computer environment is prohibited. Konscious Brands reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms, your permission to use Konscious Brands Materials automatically terminates, and you must immediately destroy any copies you have made of the Konscious Brands Materials.

c. Restrictions on Use of Sites.

Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of a Site or in any way reproduce or circumvent the navigational structure or presentation of a Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of a Site, including, without limitation, the account of another user(s), or any other systems or networks connected to a Site or to any Konscious Brands server or to any of the services offered on or through a Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of a Site or any network connected to a Site, nor breach the security or authentication measures on a Site or any network connected to a Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to a Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of a Site or Konscious Brands systems or networks or any systems or networks connected to a Site, (vi) use any device, software, or routine to interfere with the proper working of a Site or any transaction conducted on a Site, or with any other person’s use of a Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Konscious Brands on or through a Site, (viii) use a Site or any interactive feature to harvest or collect email addresses or other contact information, (ix) use a Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Konscious Brands, (x) link any other website to a Site, or reference hypertext documents on a Site from another website or document including email, except under agreement as provided under our Affiliate program, (xi) submit false, misleading or inaccurate information to Konscious Brands, (xii) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity, (xiii) harvest or otherwise collect information about other users, (xiv) attempt to probe, scan, or test the vulnerability of a Site, or any associated system or network, or breach security or authentication measures, or (xv) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing any Site.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY KONSCIOUS BRANDS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

10. LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES

a. Limitations of Liability.

EACH SITE AND THE INFORMATION MADE AVAILABLE THROUGH EACH SITE ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THE SAME IS AT YOUR OWN RISK. When using a Site, information will be transmitted by third-party communication networks over which Konscious Brands has no control. Therefore, you acknowledge and agree that Konscious Brands will not be liable for or relating to the delay, failure, interruption, or corruption of any information transmitted in connection with the use of any Site.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL TO A SITE OR ANSWERED QUESTIONS THROUGH A SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN THE AGGREGATE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. YOU KNOWINGLY AND FREELY ASSUME ALL RISKS WHEN USING ANY SITE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “KONSCIOUS BRANDS PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SITES, KONSCIOUS BRANDS MATERIALS, AND INFORMATION.

b. Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED BY LAW, KONSCIOUS BRANDS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, ACCURACY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE PRIOR SENTENCE, KONSCIOUS BRANDS DOES NOT GUARANTEE OR WARRANT THAT: (I) ANY FILES OR INFORMATION AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR CODES THAT MAY CONTAIN HARMFUL OR DESTRUCTIVE COMPONENTS, AND YOU AGREE THAT YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM ANY SUCH DOWNLOADING; (II) THE INFORMATION CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ADDITIONALLY, KONSCIOUS BRANDS MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY, OR SUITABILITY OF ANY INFORMATION, MATERIALS, OR LINKS PROVIDED ON OR THROUGH ANY SITE AND DOES NOT WARRANT AGAINST HUMAN OR MACHINE ERROR, DELAY, OMISSIONS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF ANY DATA.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you.

11. USER SUBMISSIONS

You represent and warrant that all information you submit to us, whether through the Sites, via electronic communications, or otherwise, is true, accurate, current, and complete, and that you will update such information as necessary to ensure its truth, accuracy, currency and completeness. For additional information, see the section concerning “Controlling Your Personal Data” in our Privacy Policy. If you provide any false, inaccurate, untrue, or incomplete information, Konscious Brands reserves the right to terminate immediately your access to and use of our Sites. In addition, you agree that you will not make any transmission or submission to a Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to chat rooms, message or discussion boards, or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes, and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) Konscious Brands a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Konscious Brands may sublicense its rights through multiple tiers of sublicenses.

12. ENFORCING SECURITY ON THE SITES

Actual or attempted unauthorized use of a Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Konscious Brands reserves the right to view, monitor, and record activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Sites.

Konscious Brands will also comply with all court orders involving requests for such information. In addition to the foregoing, Konscious Brands reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt the operation of or access to any Site, or any portion of a Site, to protect the Sites, Konscious Brands, or Konscious Brands business.

You may be asked to provide a username and password in connection with your use of certain portions of the Sites. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of any other member at any time. You agree to notify us immediately of any unauthorized use of your account, username, or password. Konscious Brands shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Konscious Brands, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

13. THIRD-PARTY MATERIALS AND SERVICES

The Sites may display, include, or make available content, data, information, applications, features, or materials from third parties (“Third-Party Materials”), provide links to third-party websites, or permit the use of third-party services in connection with them. For example, if you click on a banner advertisement or a link, the click may take you off our Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on our Sites may send cookies to users that we do not control. If you access or use any Third-Party Materials or third-party services made available through or in connection with our Sites, the applicable third-party’s terms will govern their relationship with you. Konscious Brands is not responsible or liable for a third party’s terms or actions taken under any third party’s terms. Further, by using the Sites, you acknowledge and agree that Konscious Brands is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials, or third-party services or websites. We do not provide any assurances or endorse, and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials, the availability of third-party services, and links to other websites are provided solely as a convenience to you.

14. TERMINATION OF SITE ACCESS AND ACCOUNTS

Konscious Brands reserves the right at any time and for any reason to deny you access to any Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Konscious Brands shall have the right to immediately terminate a user’s account in the event of any conduct by a user which Konscious Brands in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms. Termination will be effective with or without notice. You may also terminate these Terms at any time by emailing us at hello@konsciousketo.com and ceasing to use our Sites. Upon termination, you must destroy all copies of any Konscious Brands Materials in your possession. Notwithstanding any termination, the provisions concerning Konscious Brands proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, arbitration, and governing law will survive the termination of these Terms for any reason.

15. INDEMNIFICATION

You agree to indemnify, hold harmless, and at Konscious Brands’ option, defend Konscious Brands and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms; (b) your unlawful access to or unlawful use of any Site; (c) your unreasonable use of, reliance on, or publication, communication or distribution of anything on or from any Site; and/or (d) your violation of any applicable law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

16. EQUITABLE REMEDIES

You acknowledge that your actual or threatened breach of Sections 9 or 11 of these Terms could cause irreparable injury to Konscious Brands, that such injury would not be quantifiable in monetary damages, and Konscious Brands would not have an adequate remedy at law. You, therefore, agree that Konscious Brands shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and you hereby waive any requirement that Konscious Brands post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Konscious Brands to enforce any provision of these Terms.

17. JURISDICTIONAL ISSUES

Unless otherwise specified, the Information is presented solely for, and any coupons, promotions, and programs are offered only to, residents of the United States of America, including Alaska and Hawaii. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that the material on our Sites is appropriate or available for use in any particular location. Those who choose to access any Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. CONTACT INFORMATION

For information and assistance related to all other Konscious Brands products and Sites, you can Email Us or call 1-833-333-KETO. Please include any information that will help us identify your account so we can assist you.

19. WAIVER & SEVERABILITY

Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by Konscious Brands of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

20. SUCCESSORS AND ASSIGNS

We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Konscious Brands or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent.

21. SHIPPING POLICY

For more information about shipments and delivery, please see our Shipping Policy.

22. PRICING, PAYMENTS, AND REFUNDS

a. Pricing, Subscriptions, Auto-Renewal and Recurring Charges

Certain of our product and service offerings require payment of fees and charges. The fees and charges applicable to such products and services will be displayed to you at the time of purchase. Unless otherwise stated, fees do not include taxes (if applicable) or shipping charges. All fees and charges are stated in United States Dollars. We reserve the right to increase fees or charges, or to institute new charges or fees at any time, on a prospective basis, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail). We offer both single-purchase and subscription pricing. Subscription pricing requires an automatically renewing and automatically shipping subscription and is subject to the following terms:

  1. Subscriptions are charged to your payment method automatically every 28, 30, 56 or 364 days, depending on the subscription you choose. You will be charged the full subscription price every 28, 30, 56, or 364 days (as applicable) after your initial purchase.
  2. You will receive an email the day your order is placed confirming your subscription order.
  3. You will receive an email three days before your renewal reminding you of your subscription.
  4. You may cancel your subscription at any time by emailing us at hello@konsciousketo.com. Upon cancellation, you will automatically receive a refund only if your product has not already shipped at the time of cancellation.
  5. If your product has already shipped and you cancel your subscription, you will need to return your product in its unopened and original state in order to receive a refund. Please see our Refund Policy for more information about obtaining a refund.

*Coupons may be applicable for the first month of your initial subscription order only. Customers will be charged sales tax as applicable to their location.

b. Payment

You agree to pay, using a valid credit card or debit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees for the product or service you purchase, as shown to you at the time of purchase, plus any applicable taxes and shipping. For recurring subscriptions, we will automatically charge your payment method at the start of the subscription period and at the start of each renewal period, as described in Section 22(a). Any renewal charge will be the same as the prior period's charge unless we notify you in advance at the time of signup or prior to the beginning of the renewal period as described above. In the event we cannot charge your payment method, we reserve the right to terminate your purchase, and if applicable, your subscription. We reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees, and any other associated costs.

c. Refund Policy

Please see our Refund Policy for more information about obtaining a refund.

d. Lifetime Access Products

For any product which we identify as “lifetime” access or availability, we will provide you with access to the product for the duration of your lifetime or, if earlier, until such date as we cease doing business.

23. KONSCIOUS BRANDS SMS

  1. This SMS program is designed to send out order confirmation, shipping information, order verification, address verification, payment reminder and login information to users’ profile account.
  2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. Message frequency varies.
  3. If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at hello@konscious.us or 888-808-3662.
  4. Carriers are not liable for delayed or undelivered messages.
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

24. PRIVACY POLICY

The Konscious Brands Privacy Policy sets out how Konscious Brands uses and protects any information that you give Konscious Brands when you use our Sites and is incorporated into these Terms as if fully set forth herein.