Welcome to Gut Genius. Gut Genius, LLC and/or its affiliates (“Gut Genius” or “Company”) provide products and services to its subscribers and other users.  In addition to the terms of purchase or subscription applicable to all customers, these Terms of Service apply to all users who use or visit our site.  By visiting our site, you agree to the following conditions:

1.  Privacy.

By using our site, you acknowledge that you have reviewed our Privacy Policy which also governs our services and your use of the site and to understand our practices.  

2.  Not Medical Advice.  

Gut Genius does not provide medical advice and the content on our site is for informational purposes only.  It may not be complete and does not cover all health issues.  Therefore, any information you receive from Gut Genius is not a placement for a consultation with a physician or other health care provider.  

We make no medical claims as to the benefits of any products, services, or content presented, offered or represented in any way and no content is intended to prescribe or be taken as medical advice.  You expressly agree through your use of this site that the content, communications, or information does not constitute medical advice and your use of the site does not constitute or create a doctor-patient relationship or any other healthcare professional relationship between you and us.  

2.  Electronic Communications.

When you use Gut Genius, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to your use and receipt of electronic communications, such as e-mails, texts, mobile push notices, or notices and messages on this site.   You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3.  Contract Formation

By placing your order or entering into a subscription agreement with us, you warrant that you are at least 18 years of age and legally capable of entering into binding contracts.  After placing an order through our website, you will receive an email from us confirming your purchase. This agreement will relate only to the order or subscription we have confirmed in the email.  

By using Gut Genius’s services, you represent and warrant the following:

A. All registration information you submit is truthful and accurate;

B. You will maintain the accuracy of such information;

C.  You will keep your password confidential and will be responsible for all use of your password and account;

D.   You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and

E. Your use of our services does not violate any applicable law or regulation.

You are responsible for the violation of these Terms of Service by any employee or agent of yours, any other person to whom you have given access to our products or services, and any person who gains access to your account, to the same extent as if you had committed the violation yourself, even if such violation was not authorized by you. You are responsible for any fees or costs arising from the use of our services by any of these persons, even if that use was not authorized by you.

4.  Purchases/Payment

Gut Genius bills you through an online billing account for purchases of products. You agree to pay us all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize us to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method.

The prices for our products and subscriptions and the offering and acceptance of any discounts or promotions are made in our absolute discretion and are subject to change. Payment for all products and services must be made by credit or debit card. We accept payment with American Express, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time.  All payments shall be in U.S. dollars. Charges that are not disputed within 60 days of the date charged are conclusively deemed accurate.

Your account will be considered delinquent if you or your payment method fails to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Your account may be suspended, archived or purged if your account is delinquent for more than 30 days. Gut Genius may impose a charge to restore archived data from delinquent accounts. Company may choose to bill through an invoice. Full payment for invoices issued in any given month must be received by Company 30 days after the issuing date of the invoice, or the Company Service may be terminated. Unpaid invoices are subject to interest of 1% per month on any outstanding balance or the maximum permitted by law, plus all expenses of collection, including attorneys’ fees.

5. Auto Renewal

If you purchase a subscription with auto-renewal, your subscription will be automatically renewed from the same term at the end of each subscription term at the subscription price then in effect, using the credit/debit card you have provided and we maintain on file. We will continually renew your subscription prior to the end of its then current term unless you opt-out of our renewal service or cancel your subscription in accordance with our cancellation policy.  You accept responsibility for all recurring charges prior to cancellation.  To terminate your automatic renewal authorization or change your payment method, contact ----------.  Subject to applicable law, we reserve the right not to renew your subscription at any time any for any reason.  

6.  Cancellation

You may cancel your subscription and receive a full refund at any time within thirty (30) days of purchase.  To cancel your subscription within the time period allowed, contact -------.  Your failure to adhere to this agreement or any of the rules or policies of Gut Genius may also result in the cancellation of your subscription by us without refund.  

7.  Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, product reviews or other information about the Website or our products and services ("Submissions") provided by you to us are non-confidential and Gut Genius (as well as any of our designees) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8.  Warranty.  We warrant to you that your purchased subscription or product will conform with its description on our website and be reasonably fit for the purposes for which products and services of that kind are commonly supplied. YOU AGREE TO USE OUR PRODUCTS AND SERVICES AT YOUR OWN RISK. GUT-GENIUS DOES NOT GUARANTEE THAT YOUR USE OF OUR PRODUCTS OR SERVICES WILL BE RESULT IN ANY PARTICULAR HEALTH CONDITION. OTHER THAN AS EXPRESSLY WARRANTED IN THESE TERMS AND CONDITIONS, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR  USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NONINFRINGEMENT.

9.  Liability. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE THEN EXISTING PRICE FOR YOUR SUBSCRIPTION OR PRODUCT. GUT GENIUS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF THIS AGREEMENT. Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

11.  Transfer of Rights and Obligations.  This agreement is binding on you and us and on our respective successors and assigns.  You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.  We may transfer, assign, charge, subcontract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time during the term of this agreement. 

12.  Intellectual Property Rights.  We are the owner or the licensee of all intellectual property rights as to our website, the material and contents on our site, and our products and formulas, whether registered or unregistered. These works are protected by copyright laws and all such rights are reserved. You must not use any part of our copyright or trademarked or patented materials for commercial purposes without first obtaining a license to do so from us and our licensors.

13.  Events Outside Our Control.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement or with respect to a subscription that is caused by events outside our reasonable control a (a “Force Majeure Event”).  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, flood, earthquake, or other natural disaster.  Our performance under this agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under this agreement may be performed despite the Force Majeure Event.

14.  Waiver. If we fail, at any time during the term of this agreement, to insist upon strict performance of any of your obligations under this agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this agreement, such failure will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.  A waiver by us of any default will not constitute a waiver of any subsequent default.  No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.  

15.  Entire Agreement; Severability.  These terms and conditions and any products or services expressly referred to herein constitute the whole agreement between us with respect to your subscription or purchase and supersede all previous discussions, correspondence, negotiations, arrangement, understanding or agreement between us relating to your subscription or purchase. We each acknowledge that, in entering into this agreement, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or referenced herein. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.  Nothing in this clause limits or excludes any liability for fraud.  If any of these terms and conditions or any provisions of this agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.  Our Right to Vary These Terms and Conditions.  We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the terms and conditions in force at the time that you make a purchase from us, unless any change to those terms and conditions is required to be made by law or governmental authority (in which case it will apply to all purchases previously placed by you), or if we notify you of the change to those terms and conditions before your next purchase and you do not cancel such purchase (in which case we have the right to assume that you have accepted the change to the terms and conditions).  

17.  Law and Jurisdiction.  This agreement and any dispute or claim arising out of or in connection with it or your purchase (including non-contractual disputes or claims) will be governed by Tennessee law, without respect to its conflict of laws provisions. Any dispute or claim arising out of or in connection with this agreement or your purchase (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts located in the State of Tennessee. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Tennessee.  

18. Notices. Except as explicitly stated otherwise, any notices given to Gut Genius shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.