Terms of Service

PLEASE CAREFULLY READ THESE TERMS OF SERVICE (THE "TERMS"). BY ACCESSING, BROWSING OR USING THE GUT HEALTH BASICS WEBSITE AVAILABLE AT guthealthbasics.com (THE "WEBSITE") YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, AND (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

The Website is owned and operated by UAB Gut Health, company code 306058198, registered office Aludarių g. 3, LT-01113 Vilnius ("we", "us", "our").

These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. These Terms limit the remedies that may be available to you in the event of a dispute.

We may change these Terms at any time. Changes take effect when posted on the Website. If you continue to use the Website after changes are posted, you agree to the updated Terms. If you do not agree, you should stop using the Website.

1. USE AND OWNERSHIP OF THE WEBSITE

1.1. The Website and the content and information available on it (the "Website Content") are owned by us and our licensors and suppliers and are protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Website Content for your personal purposes.

1.2. You must not edit, reproduce, transmit, sell, rent out or lend the Website Content, make it available to any third parties, or use it in any other way beyond the scope of the license in this section.

1.3. Our names, logos, service marks and trade names used on the Website, including Gut Health Basics, are our trademarks and may not be used without our permission. Other trademarks that may appear on the Website are the property of their respective owners.

2. ADVERTISING DISCLOSURE

2.1. The Website publishes advertising for products. We make and sell those products, and we earn money when you buy them.

2.2. Links on the Website lead to a website, where you can take a quiz or make a purchase. Anything you do there is governed by that website's own terms and privacy policy.

3. FEEDBACK

3.1. If you send us ideas, suggestions or other feedback ("Feedback"), we have no obligations, including confidentiality, with respect to it. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable license to use the Feedback in any manner.

4. PRIVACY

4.1. The processing of your personal data is governed by our Privacy Policy and Cookie Policy.

5. MEDICAL DISCLAIMER

5.1. All content on the Website, including text, graphics, images and information, is for general information purposes only and should not be relied on for medical or personal advice. It is not a substitute for professional medical advice, diagnosis or treatment.

5.2. Medical information and research are constantly evolving. You are encouraged to confirm any information obtained from the Website with other sources and to review all information regarding any medical condition or treatment with your physician.

5.3. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on the Website.

6. INDEMNIFICATION

6.1. You will indemnify and hold us, our affiliates, officers, directors, employees, agents, licensors and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

7. DISCLAIMER OF WARRANTIES

7.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY

8.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

8.2. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, IT IS PERMANENTLY BARRED.

9. DISPUTES

9.1. Please read this arbitration agreement carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

9.2. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or the Website will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You and we each waive the right to a trial by jury.

9.3. Any arbitration will take place on an individual basis. Class arbitrations and class actions are not permitted.

9.4. You may opt out of this agreement to arbitrate by emailing hello@guthealthbasics.com within thirty (30) days of first using the Website, with your first name, last name, address and a statement that you decline arbitration.

9.5. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules (available at https://www.adr.org/consumer). Hearings, if any, will be held by teleconference or videoconference unless the arbitrator decides that an in-person hearing is appropriate. The arbitrator's decision will be final and binding and may be enforced in any court having jurisdiction. Nothing in these Terms prevents you from bringing issues to the attention of federal, state or local agencies.

10. GENERAL PROVISIONS

10.1. Governing law. These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. The arbitration agreement in section 9 is governed by the Federal Arbitration Act.

10.2. Electronic communications. You consent to receive communications from us electronically and agree that they satisfy any legal requirement that such communications be in writing.

10.3. Assignment. You may not transfer your rights or obligations under these Terms without our prior written consent.

10.4. Severability. If any part of these Terms is found invalid or unenforceable, the rest of the Terms remain in effect.

10.5. Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.

10.6. Entire agreement. These Terms are the entire agreement between you and us regarding the Website.

10.7. Contact. If you have any questions about these Terms, contact us at hello@guthealthbasics.com.