Terms of Use (Updated Draft)

Effective Date: April 1, 2020
Last Updated: March 1, 2026

This website (the “Site”) is owned and operated by Healthy Gut, LLC (“Healthy Gut,” “Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site and any content, features, services, products, subscriptions, and digital offerings made available through the Site (collectively, the “Services”).

By accessing or using the Site or Services, you agree to these Terms, our Privacy Policy, and any additional terms that apply to specific products, services, promotions, subscriptions, or areas of the Site (together, the “Agreement”). If you do not agree, do not use the Site or Services.

Important: These Terms contain a binding arbitration agreement and class action waiver that affect your legal rights.

1) Eligibility; Intended Audience

The Site and Services are intended for users who are 13 years of age or older. If you are under 18, you represent that you have permission from a parent or legal guardian to use the Site.

The Site is controlled and operated from the United States. We make no representation that the Site or Services are appropriate or available outside the United States.

2) Changes to the Terms

We may update these Terms from time to time. The “Last Updated” date above indicates when changes were made. Your continued use of the Site or Services after changes are posted constitutes your acceptance of the updated Terms.

3) Privacy and Data

Your use of the Site is subject to our Privacy Policy, which describes how we collect, use, and share information.

4) Health Information Disclaimer (No Medical Advice)

The Site may provide information related to health, wellness, fitness, nutrition, and dietary supplements. All such information is for educational and informational purposes only.

We are not medical professionals, and the Site does not provide medical, diagnostic, or treatment advice. Nothing on the Site is intended to be, or should be taken as, the practice of medicine or counseling, including without limitation psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice.

Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Do not disregard, avoid, or delay obtaining medical advice because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or local emergency services immediately.

5) FDA Disclaimer (Dietary Supplements)

Statements on the Site regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary.

6) Purchases; Pricing; Taxes

6.1 Orders

All purchases made through the Site are subject to our acceptance. We reserve the right to refuse, limit, or cancel any order at any time (including after an order is submitted) for any lawful reason.

6.2 Pricing; Errors

Prices and availability are subject to change without notice. We may correct errors or inaccuracies (including pricing errors) and may cancel related orders.

6.3 Taxes

You are responsible for applicable sales/use taxes unless otherwise stated.

7) Subscriptions / Auto-Ship (VIP AutoShip)

If you purchase a subscription or AutoShip product, you authorize us (and our payment processors) to charge your payment method on a recurring basis at the subscription frequency you select until you cancel.

  • Billing: Your payment method will be charged on each renewal date for the then-current subscription price shown on the product page at the time of renewal, plus applicable taxes and shipping (if any).

  • Cancellation: You may cancel in accordance with the cancellation instructions provided in your account portal or by contacting customer support before your next renewal date. Cancellations apply to future renewals.

  • Failed Payments: If we cannot charge your payment method, your subscription may be paused or canceled.

  • Promotions/Discounts: Credits or discounts may not be redeemed for cash and may be limited to an initial order unless explicitly stated.

8) Shipping; Returns; Refunds

Shipping, returns, refunds, and any money-back guarantees are governed by our posted Returns & Shipping / Refund Policy and any product-specific policies presented at checkout or on the product page. Where a product-specific policy conflicts with a general policy, the product-specific policy controls.

9) Intellectual Property

9.1 Our Content

The Site and all content, features, and functionality— including text, graphics, images, video, audio, design, software, code, trademarks, and logos—are owned by or licensed to us and protected by intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use.

You may not copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any part of the Site or our content without our prior written permission.

9.2 Trademarks

All trademarks, service marks, logos, and trade names displayed on the Site are our property or the property of third parties. Nothing grants you any rights in those marks.

10) User Content; Reviews; Community Areas

Certain areas of the Site may allow you to post or submit content (including comments, reviews, images, or other materials) (“User Content”).

10.1 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

  • you own or have permission to submit the User Content;

  • your User Content does not violate any law or third-party rights (including intellectual property, privacy, or publicity rights);

  • your User Content is not false, misleading, or deceptive.

10.2 License to Us

By submitting User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media for any lawful purpose (including marketing), without compensation to you.

10.3 Moderation

We may (but are not obligated to) monitor, remove, or refuse to post User Content at any time for any reason.

11) Prohibited Uses

You agree not to:

  • use the Site for any unlawful purpose;

  • violate or attempt to violate the security of the Site;

  • scrape, spider, crawl, or use automated means to access the Site without our prior written permission;

  • interfere with the Site’s operation or another user’s access;

  • upload malware or harmful code;

  • post content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable;

  • infringe any intellectual property or privacy rights;

  • use the Site to send unsolicited promotions or commercial solicitations.

12) Third-Party Services and Links

The Site may contain links to third-party websites or services. We do not control and are not responsible for third-party content, policies, products, or services. Your dealings with third parties are between you and the third party.

Payment processing, ecommerce functionality, and certain Site features may be provided by third-party providers. Their terms may apply to your use.

13) Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES (INCLUDING ALL CONTENT, PRODUCTS, AND MATERIALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEALTHY GUT OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US (IF ANY) FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15) Indemnification

You agree to defend, indemnify, and hold harmless Healthy Gut and its affiliates, owners, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Site or Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

16) Dispute Resolution; Arbitration; Class Action Waiver

16.1 Informal Resolution

Before initiating arbitration, you agree to contact us and attempt to resolve the dispute informally by emailing support@healthygut.com and providing: your name, contact information, a description of the dispute, and the relief you seek. We will attempt to resolve the dispute within 30 days.

16.2 Binding Arbitration

Except for claims that qualify for small claims court or claims seeking injunctive relief for misuse of intellectual property, any dispute, claim, or controversy arising out of or relating to the Site, Services, products, or these Terms will be resolved by binding arbitration administered by a nationally recognized arbitration provider in accordance with its consumer rules, as modified by these Terms.

  • Location: Boulder County, Colorado, unless you and we agree otherwise.

  • Governing Law: These Terms and any dispute are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

  • Authority: The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision.

16.3 Class Action Waiver

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

16.4 Severability of Arbitration Provision

If any portion of this arbitration provision is found unenforceable, that portion will be severed and the remainder will be enforced, except that if the class action waiver is found unenforceable, then this entire arbitration provision will be unenforceable.

17) DMCA Copyright Notice

If you believe that content on the Site infringes your copyright, please send a DMCA notice including the required information to:

DMCA Agent (Copyright): Healthy Gut, LLC
Email: support@healthygut.com
Mail: 3980 Broadway St, #103-166, Boulder, CO 80304, United States

We will respond to notices that substantially comply with the Digital Millennium Copyright Act.

18) Electronic Communications

By using the Site or contacting us electronically, you consent to receive communications from us electronically (e.g., by email, Site notices). You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

19) Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any lawful reason. Sections that by their nature should survive termination (including licenses, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

20) Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, supply chain disruptions, carrier delays, internet or hosting outages, or governmental actions.

21) Miscellaneous

  • Entire Agreement: These Terms, together with any policies referenced, form the entire agreement between you and us regarding the Site and Services.

  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely.

  • Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.

  • Severability: If any provision is held invalid, the remaining provisions will remain in full force.

22) Contact Us

Email: support@healthygut.com
Phone: (888) 612-5997
Mail: Healthy Gut, LLC, 3980 Broadway St, #103-166, Boulder, CO 80304, United States