Before Submitting Your Testimonial, Please Read The Below Agreement In Its Entirety.
I ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By checking the box below and submitting my Materials (as defined herein), I hereby acknowledge and accept the terms set forth herein as well as those set forth in the Ketologic, LLC (“Ketologic”) terms and conditions. I hereby unconditionally grant to Ketologic, its affiliates, subsidiaries, licensees, successors, and assigns, the irrevocable right to utilize, publish, distribute and reproduce, any photograph, video and/or product testimonial submitted by me [in connection with my account or associated with my email address] (collectively, the “Materials”) in connection with the [marketing of Ketologic’s products and/or “The Keto 30” promotion (“Keto 30”)] as well as my name, biography or other identifying characteristics, in any and all media or formats now known or hereafter developed including but not limited to internet publication, printed publication, video, and other electronic or digital means.
I represent and warrant that the Materials are original to me, and that neither the Materials nor Ketologic’s use of the Materials, will infringe or violate any rights of a person or entity. I further represent and warrant that any statement made in connection with or included in the Materials is true, accurate and based on my own experience, honest opinion, findings and belief and is provided in accordance with the FTC guidelines for testimonial endorsements (the “FTC Guidelines”) as well as the Ketologic Testimonial/Endorsement Policy which can be found here (the “Policy”). I acknowledge that Ketologic may be relying upon my compliance with the terms hereof, the FTC Guidelines and the Policy. I acknowledge and agree that I have not been provided with anything of value and that no “material connection” (as that term is defined in the FTC Guidelines) existing between myself and Ketologic including but not limited to a business or family relationship, monetary payment, or the gift of a free product.
I hereby agree to indemnify and defend Ketologic and its affiliates, subsidiaries, licensees, successors, and assigns from and against any and all claims, demands, or other actions arising out of a breach of my representations and warranties. I hereby irrevocably and unconditionally waive throughout the universe in perpetuity any legal and/or equitable claim I may have against Ketologic, its affiliates, subsidiaries, licensees, successors, and assigns, all of their respective past, present and future affiliated and related entities, shareholders, officers, directors, agents, managers, attorneys, representatives and employees, in connection with the Materials and the use, publication, distribution and/or reproduction thereof. I hereby acknowledge that (i) Ketologic shall have the right, but not the obligation, to use the Materials submitted by me; (ii) unless otherwise expressly set forth in a writing signed by Ketologic and myself, I shall not be entitled to receive any compensation for the grant of rights herein or use, publication, distribution and/or reproduction of the Materials in any manner including but not limited to any royalties or other contingent payment; and (iii) I shall have no right to approve any use of the Materials and Ketologic shall be able to alter, edit, modify or delete the Materials as necessary and shall not be liable for any distortion or other negative effect resulting from the reproduction, distribution, transmission, or publication of the Materials.
If any term, provision or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. I acknowledge and agree that this Agreement and any claim or dispute arising out of or related to this Agreement, or otherwise between Ketologic and myself whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its choice of law or conflict of law rules or provisions. Any and all claims and disputes within the scope of this Agreement must be arbitrated on an individual basis and not on a class action basis. Accordingly, I acknowledge and agree that claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. Such binding arbitration is to take place in Raleigh, North Carolina in accordance with the rules of the American Arbitration Association (the “AAA”). No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. I acknowledge and agree that the arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual or entity under applicable law. I acknowledge and agree that the award of the arbitrator is final and binding. I HEREBY WAIVE MY CONSTITUTIONAL AND STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. In the event that any litigation should arise between myself and Ketologic in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, I shall waive all rights to a jury trial, instead electing that the dispute be resolved by a judge. I represent that I am above the age of eighteen (18) and am fully competent to provide the permissions set forth herein.