TERMS OF SERVICE

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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3. Accuracy, Completeness and Timeliness of Information

Although ArchaBiota endeavors to provide accurate information, we do not warrant that information made available on this website is accurate, complete or current.  The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.

This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time.  You agree that it is your responsibility to monitor changes to our site.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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4. Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

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5. Products or Services

Certain products or services may be available exclusively through this website.  These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to refuse any order you place with us in our sole discretion.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  We reserve the right to merge shipments.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We reserve the right to limit Services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your subjective expectations.

We have made every effort to display as accurately as possible the colors and images of our products.  We cannot guarantee that your computer monitor’s display of any color will be accurate.

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6. Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Services.  By using the Service, you represent and warrant that: (1) you have the legal right to use any credit card(s) or other payment method(s) you use; and that (2) the information you supply to us is true, correct and complete.  We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

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7. Payments and Subscriptions

We may suspend or terminate your subscription if your payment is late and/or your offered payment method (e.g., credit card) cannot be processed.  BY PROVIDING A PAYMENT METHOD, YOU EXPRESSLY AUTHORIZE US TO CHARGE THE APPLICABLE FEES ON SAID PAYMENT METHOD AS WELL AS TAXES AND OTHER CHARGES INCURRED THERETO AT REGULAR INTERVALS, ALL OF WHICH DEPEND ON YOUR PARTICULAR SUBSCRIPTION.

 EACH RENEWAL SUBSCRIPTION WILL BE FOR THE SAME PRODUCTS AS ‎YOUR ‎IMMEDIATELY PRECEDING ORDER. ‎ WE REQUIRE A REASONABLE ‎AMOUNT OF TIME TO PROCESS YOUR ‎CANCELLATION REQUEST. PLEASE REFER TO OUR REFUND POLICY FOR FURTHER QUESTIONS.

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8. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms of Service.

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9. Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

10. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third party.

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11. Personal Information

Your submission of personal information through the gutpositive.com website is governed by our Privacy Policy.  To view our Privacy Policy click here.

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12. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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13. Disclaimer of Warranties; Limitation of Liability

You expressly agree that your use of, or inability to use, the Service is at your sole risk.  The Services (including the products are (except as expressly stated by us)) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ArchaBiota, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or for any other claim related in any way to your use of the Services, or any loss or damage of any kind incurred as a result of the use of the Services, even if advised of their possibility, except as provided by law.

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14. Indemnification

You agree to indemnify, defend, and hold harmless ArchaBiota and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

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15. Health and Medical Service Disclaimer

ArchaBiota is not a medical professional and does not provide professional medical services or advice.  The Services provided by this website do not contain or constitute, and should not be interpreted as, medical advice or opinion.  Use of the Services is not for medical purposes or emergencies.  If you think you have a medical emergency, call 911.

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16. Agreement to Arbitrate

By agreeing to these Terms, subject to applicable laws, you agree that you are required to resolve any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to Arbitrate, or to the use of ArchaBiota products (hereinafter “Dispute” or “Disputes”) on an individual basis in arbitration.  The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. 

You hereby knowingly and voluntarily waive the right to bring any class, collective, or representative action against ArchaBiota, and also to participate in or recover relief under any current or future class, collective, consolidated, or representative action brought against ArchaBiota by someone else, except if you opt out of this provision as noted below.  You further acknowledge that you are entering into these Terms voluntarily and not in reliance on any promises or representations whatsoever except those contained in these Terms themselves.

EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

A. Individual Claims Only/Class Action Waiver. Except as otherwise provided by these Terms, claims may be brought on an individual basis only. Claims may not be joined or consolidated with any claim of any other person or be pursued on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. Further, unless you and ArchaBiota both otherwise agree in writing, the arbitrator may not consolidate your claim with that of any other person, and may award relief only in favor of your individual claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any claim, then the entirety of the Agreement to Arbitrate will be deemed void with respect to such claim. Except as provided in the preceding sentence, the Agreement to Arbitrate will survive any termination of these Terms. Neither you, nor any other user of this website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements.

B.  Arbitration Procedure. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of this Agreement to Arbitrate.  This Agreement to Arbitrate governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.  You or ArchaBiota may initiate arbitration in either Utah or the federal judicial district that includes your billing address.

C. Damages. ArchaBiota and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees will not be held liable for any amount of damages over and above the total price of the transaction associated with each individual or collective dispute.

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17. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law.

18. Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.  Such additional Terms shall become effective upon posting on the Website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  If you do not agree to the amended terms, please do not use the site.

You can review the most current version of the Terms of Service at any time at this page.

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19. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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20. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service, including but not limited to, our Privacy Policy and our Returns & Refund Policy, constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

21. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.  You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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22. Contact Information.

If you have any questions about these Terms of Service, please contact us at info@gutpositive.com.