Terms of Service

Last updated: January 29, 2018

BE AWARE THAT PALLEY ENTERPRISES IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, PLEASE CONSULT WITH A LICENSED PROFESSIONAL.

This is an agreement between Palley Enterprises, LLC, a Missouri Company (“Palley Enterprises"), the owner and operator of Keto Intelligence (collectively, all software and content provided by Palley Enterprises through the Keto Intelligence site, www.drmarthapalley.com, known as the "Service"), and you (“you” or “You”), a user of the Service. These Terms of Service form a binding “Contract” between you and us.

Your Acceptance

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND KETO INTELLIGENCE’S PRIVACY POLICY AND WHICH ARE INCORPORATED HEREIN. If you choose to not agree with any of these terms, you may not use the Service.

As our business evolves, Palley Enterprises may change this Contract. If we make a material change to the Contract, we will provide you with reasonable notice prior to the changes by posting a notice here. You can review the most current version of the Contract at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this Contract is not acceptable to you, your only remedy is to deactivate your account and stop using the Service, which you may do by contacting us at ketointelligence@drmarthapalley.com.

By accessing or using the Service, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this Contract.

Keto Intelligence Service

This Contract applies to all users of the Keto Intelligence Service. Any modifications and new features added to the Service are also subject to this Contract. Palley Enterprises reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Palley Enterprises. 

No Medical Advice

Dr. Martha Palley holds a Ph.D. in microbiology, but is not a medical doctor. Keto Intelligence does not provide medical services or render medical advice. Nothing contained in the Service should be construed as medical advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Service should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.

YOUR USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE KETO INTELLIGENCE PARTIES (INCLUDING, WITHOUT LIMITATION, DR. MARTHA PALLEY AND STAFF).

Authorized Users

Users are authorized to access specific functionality provided by our Service. A subscription allows an Authorized User to access this functionality. Subscribing can be done through our website at www.drmarthapalley.com. Subscriptions commence when we make them available to you and continue for the term specified in the check-out interface. Each subscription is for a single Authorized User for the specified term and is personal to that Authorized User.

You agree to provide us with true, accurate and complete information as required by the sign-up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Offerings, the Website and/or Apps (or any portion thereof). 

Payment Obligations

You will be charged an initial fee and monthly (or other periodic) fee as set forth by the Service. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to use or access your subscription.

A subscription has a term that may expire or be terminated. All subscriptions automatically renew for additional periods equal to the preceding term and the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal before the end of a subscription term to stop the subscription from automatically renewing.

We reserve the right to revise the terms of the subscription, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.

Cancellation

This Contract will continue in full effect unless and until your account or this Contract is terminated as described herein. You have the right to deactivate your account at any time by contacting our team at ketointelligence@drmarthapalley.com or accessing your MemberSpace billing settings through your personal Keto Intelligence webpage.

We or you may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty days after the non-breaching party provides notice of the breach. We may terminate the Contract immediately on notice to you if we have reason to believe that you are using the Service in violation of applicable law.

We reserve the right to deactivate your account, delete your user information, and terminate this Contract at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, Palley Enterprises may, in its sole discretion, publish policies whereby we delete your user information for prolonged inactivity. Upon any termination of this Contract, we will have no obligation to maintain or provide your information.

Upon any cancellation for cause by you or termination without cause by us, your account will remain active through the end of your subscription period. In no event will any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination. 

Refund

We agree to refund users their subscription fees upon request if they are dissatisfied with the Service for any reason.  Keto Intelligence will refund subscription fees up to a maximum of three (3) months. To terminate your Contract and request a refund, contact us at ketointelligence@drmarthapalley.com

We reserve the right to revise the terms of the subscription, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).

Intellectual Property Rights

The the contents of the Service, including but not limited to text, graphics, images, advice, recommendations contained therein ("Marks"), are owned by or licensed to Palley Enterprises, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Palley Enterprises reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.

If you send us any feedback or suggestions regarding the Service, you grant Palley Enterprises an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

Consent to Receive Communication

As part of the Service, you may receive from us email and other communications (e.g., SMS messages and voice calls) relating to your use of our Service. By disclosing this contact information or otherwise sending electronic communications through the Service, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls or otherwise, that we determine, in our sole discretion, are related to your use of the Service, and for as long as you do not unsubscribe from receiving such communications. As part of using the Service you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form, and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing.

No computer or communication lines are perfectly secure and our security measures can only serve to help minimize the risk of security issues. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

Privacy and Personal Information

Your privacy is important to us, and Keto Intelligence is committed to carefully managing your individually identifiable information (“Personal Information”) in connection with the Service.. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information. This Privacy Policy describes the information practices for Keto Intelligence, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. Keto Intelligence  is committed to protecting the privacy of the data you provide in the Service as appropriate, but at the same time encouraging you to interact with and share information about you progress with other users using the Services.

Receipt and Collection of Information. We collect Personal Information from users. In each case, you will only be required to provide the Personal Information that we need in order to be able to provide the services you have requested. You may be entitled under data protection laws to access and review the Personal Information that we hold on you, if you provide the necessary consent and background information and pay any mandated fee. All such communications regarding access to your personal data should be addressed to: ketointelligence@drmarthapalley.com. Such inquiries should clearly be marked as data protection queries and as being time sensitive.

In particular, we receive and/or collect Personal Information from you in the following ways: Keto Intelligence may collect and process Personal Information when User registers for or uses the Services and/or uses the Website, interacts with the Website,  or otherwise contacts the Service. We may collect and process certain Personal Information from User such as the User’s name, telephone number, e-mail address, mailing address, telephone number, user name, and password. Keto Intelligence uses the Users’ Personal Information that we collect for the following general purposes: to fulfill User’s request for use of certain features of the Service, to conduct surveys, and for billing purposes. We may also collect and process Personal Information relating to User’s use of Keto Intelligence’s Services and any details of any e-mail correspondence or any other social media interactions that User has with the Service. We will collect only as much Personal Information as needed for the purposes specified in this Privacy Policy, for purposes specified at the time of collection of the Personal Information, or for other purposes that you consent to in the future.

Disclaimer of Warranties

The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but Palley Enterprises shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Further, you understand that your information may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while Palley Enterprises takes steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your information. Palley Enterprises will have no liability to you for any unauthorized access or use of any of your information, or any corruption, deletion, destruction or loss of any of your information.

THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND PALLEY ENTERPRISES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PALLEY ENTERPRISES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY. YOU ACKNOWLEDGE THAT PALLEY ENTERPRISES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM PALLEY ENTERPRISES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS CONTRACT.

Limitation of Liability

IN NO EVENT WILL YOUR LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE MONTH PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT OBLIGATIONS” SECTION ABOVE.

IN NO EVENT SHALL PALLEY ENTERPRISES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and offered by Palley Enterprises from its facilities in the United States of America. Palley Enterprises makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

You shall defend, indemnify, and hold harmless Palley Enterprises from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Contract, any information you have provided the Service, or your use or misuse of the Service. Palley Enterprises shall provide notice to you of any such claim, suit or demand. Palley Enterprises reserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Palley Enterprises’s defense of such matters.

Enforceability

If any provision of this Contract is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Contract will otherwise remain in full force and effect and enforceable.

Statute of Limitations

Regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the Contract must be filed with Palley Enterprises within one (1) year after such Claim or cause of action arose or be forever barred.

Assignment

The Contract, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Palley Enterprises without restriction.

Waiver and Severability of Terms

The failure of Palley Enterprises to exercise or enforce any right or provision of the Contract shall not constitute a waiver of such right or provision.

Contact

If you have any questions or concerns, please contact us at ketointelligence@drmarthapalley.com.