GUT HEALTH EDUCATION TERMS OF SERVICE

Effective Date: 05/30/2025

1. INTRODUCTION & ACCEPTANCE OF TERMS

Welcome to Gut Health Education ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your enrollment in and use of our programs, products, services, subscriptions, memberships, and any other offerings you purchase or access from us (collectively, the "Services"). These Terms apply to all transactions and interactions that go beyond general website use, which is governed separately by our Website Terms of Use.

By purchasing or accessing any Services, you agree to be legally bound by these Terms, along with our Privacy Policy, Disclaimer, and any program-specific agreements provided at the time of enrollment. If you do not agree with these Terms, you must not enroll in or use our Services.

2. DEFINITIONS

• Company refers to Microbiome Consulting, LLC d/b/a Gut Health Education.
• User, you, or your refers to any individual who purchases, accesses, or uses our Services.
• Services include all digital and physical products, subscriptions, memberships, training programs, consultations, and any associated content offered by the Company.
• Container Programs are structured, time-bound educational offerings that may be delivered live, pre-recorded, or as a hybrid, with optional payment plans.
• Subscription Programs include recurring membership offerings such as Microbiome University that auto-renew until cancelled.
• Digital Products include but are not limited to downloadable files, recorded lessons, standalone masterclasses, templates, and any other electronic materials.
• Physical Product refers specifically to the Gut Health Education textbook, which is shipped to users.
• Community means any private online forum, chat, group, or discussion space provided by the Company, including but not limited to Microbiome University Community.
• Guest Faculty means any adjunct educator, practitioner, or professional who provides instruction, support, or appearances within our Services.
• Practitioner Directory means the opt-in listing feature available to certain users who have completed qualifying programs.
• AI Chat Tool refers to any artificial intelligence feature embedded in or accessible through our Services.

3. PURCHASE TERMS & REFUND POLICY

By purchasing any of our Services, you agree to the following terms:

All Sales Are Final: Due to the digital nature of our offerings and the immediate access granted upon purchase, we do not offer refunds, exchanges, or cancellations once a transaction is completed. This includes but is not limited to digital downloads, course access, and membership enrollments. If you reside in the United Kingdom or European Union, by purchasing and accessing our digital content immediately, you expressly agree to waive your statutory right of withdrawal under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or equivalent EU law.

Installment Payments: If you select a payment plan, you are legally bound to complete all scheduled payments in full. Missed payments may result in restricted access to the Services and could lead to collections activity. Access may be reinstated upon payment of outstanding balances, but we reserve the right to deny reinstatement at our discretion.

Discounts & Promotions: Any limited-time promotional pricing or discounts are non-transferable and do not apply retroactively to prior purchases. We reserve the right to modify or discontinue promotions at any time.

Chargebacks: Initiating a chargeback or payment dispute without contacting us to resolve the issue first is a violation of these Terms. If you file a chargeback, we reserve the right to revoke access to all current and future Services, and to pursue collection of unpaid fees through a third-party agency or legal action.

You acknowledge that you are purchasing educational materials and/or services with clearly stated benefits and limitations, and you are responsible for assessing whether the Services meet your personal or professional needs before purchase.

4. SUBSCRIPTION & AUTO-RENEWAL TERMS

Some Services, such as Microbiome University, are offered on a subscription basis and will automatically renew unless canceled. By enrolling in a Subscription Program, you agree to the following:

Auto-Renewal: Your subscription will automatically renew at the billing frequency stated at the time of purchase (e.g., monthly or annually), using the payment method on file. You authorize us to charge your card or account at each renewal period unless you cancel beforehand.

Cancellation Policy: You may cancel your subscription at any time via your user dashboard or by contacting us at [email protected]. To avoid charges for the next billing cycle, cancellation must be completed at least five (5) business days before your renewal date.

Refunds & Proration: No partial or prorated refunds are given for mid-cycle cancellations. You will continue to have access to the subscription content until the end of your current billing period.

Failed Payments: If your payment method is declined, we may attempt to collect the payment again. Continued payment failures may result in suspension or termination of your subscription access until resolved.

You are responsible for reviewing the subscription terms at the time of purchase and ensuring timely cancellation if you do not wish to continue beyond the current term.

5. PHYSICAL PRODUCT SHIPPING & RETURN POLICY

The Gut Health Education textbook (“Physical Product”) may be available for separate purchase or included with your enrollment in certain programs. By purchasing a Physical Product, you agree to the following terms:

Shipping & Delivery: Physical Products will be shipped to the address you provide at checkout. Please double-check your address before submitting your order. We are not responsible for delivery issues due to incorrect or incomplete address entries.

Delivery Timeframes: Estimated delivery windows will be provided at checkout. Shipping times may vary depending on your location and chosen shipping method. We do not guarantee delivery dates and are not liable for delays caused by carriers, customs, or other third parties.

Damaged or Defective Items: If your textbook arrives damaged or defective, you must notify us within seven (7) days of delivery. Email [email protected] with your order number, a description of the issue, and photographic evidence. If approved, we will send a replacement at no additional cost.

Returns & Refunds: All Physical Product sales are final. Returns, exchanges, and refunds are not accepted unless the product is damaged or defective as outlined above. Items returned without prior authorization will not be processed.

International Orders: If you are located outside the United States, additional shipping charges, customs fees, or import taxes may apply. You are responsible for any such charges and for ensuring compliance with your local import regulations.

We reserve the right to update shipping providers, fulfillment timelines, and policies without notice. Please review the most current terms at the time of your purchase.

6. USE OF AI CHAT TOOL & THIRD-PARTY TECHNOLOGY

Some Services may include access to or integration with third-party technologies, including artificial intelligence (AI) chat features (“AI Chat Tool”) designed to support your learning experience. By using any AI-powered or third-party feature within our Services, you acknowledge and agree to the following:

Informational Use Only: The AI Chat Tool is provided for general informational and educational purposes. It is not a substitute for clinical, legal, business, or health advice. You are solely responsible for verifying any information generated by the AI before relying on it in your professional practice or personal decisions.

No Guarantees: We do not guarantee the accuracy, reliability, or appropriateness of any AI-generated responses. The Company is not responsible for any errors, omissions, or consequences arising from use of the AI Chat Tool.

No Liability for Third-Party Tools: The AI Chat Tool may be hosted by or integrated with third-party providers. These providers may collect, store, or process user data according to their own terms and privacy policies. We do not control and are not responsible for the practices or content of any third-party service. Your use of these tools is at your own risk.

Prohibited Use: You may not use the AI Chat Tool to input or share any protected health information (PHI), personally identifiable information (PII), or other sensitive data. You must not use it to generate, transmit, or request illegal, offensive, or infringing content. Violation of these restrictions may result in suspension or termination of access to the Services.

Data Handling: We do not guarantee that conversations or interactions with the AI Chat Tool are private, confidential, or secure. Do not enter confidential, proprietary, or sensitive information into any AI or third-party tool within the Services.

By accessing or using the AI Chat Tool or any third-party integration, you agree that you do so voluntarily and at your own discretion, and that the Company shall not be held liable for any loss, harm, or damages resulting from such use.

7. ACCOUNT CREATION & SECURITY

To access certain Services, you may be required to create a user account with a unique username and password. By creating an account and accessing our Services, you agree to the following terms:

Accurate Information: You agree to provide true, current, and complete information when creating your account and to update your information promptly if it changes. You also agree not to impersonate any other person or use an email address other than your own.

Confidential Login Credentials: You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree not to share your login details with others or allow unauthorized access to your account. Any actions taken under your login will be deemed to have been taken by you.

Individual Access Only: Unless explicitly permitted in writing by the Company, access to Services is limited to the individual purchaser. Group access, institutional sharing, and use by multiple individuals under a single login is strictly prohibited.

Lawful Use Only: Your account must not be used for any illegal or unauthorized purpose. You agree to comply with all applicable laws in connection with your use of the Services.

Security Measures and Breaches: You agree to use reasonable efforts to prevent unauthorized access to your account. If you suspect or become aware of any unauthorized use or breach of security, you must notify us immediately at [email protected]. We are not liable for any loss or damage resulting from unauthorized use of your account.

Termination or Suspension: We reserve the right to suspend or terminate your account at any time, without notice, for violation of these Terms, any misuse of our Services, or any behavior that we deem harmful to the integrity of our Services or other users. Upon termination, your access to any previously purchased materials may be revoked at our discretion. No refunds, partial or otherwise, will be provided in these circumstances.

By creating an account, you agree to take full responsibility for all activity conducted under your login credentials and to abide by these Terms and all applicable policies.

8. GUEST FACULTY & EXTERNAL CONTRIBUTORS

From time to time, our programs may feature expert sessions, workshops, or recorded content created by Guest Faculty or other external contributors. By accessing any such materials, you acknowledge and agree to the following:

Educational Purposes Only: All Guest Faculty content is provided for general informational and educational purposes only. The Company does not provide personalized advice or endorse any specific treatment, approach, or methodology discussed by Guest Faculty.

Independent Views: Opinions expressed by Guest Faculty are their own and do not necessarily reflect the views of the Company. We do not guarantee the accuracy, applicability, or completeness of any information presented.

No Liability: The Company disclaims any liability for decisions or outcomes based on information shared by Guest Faculty. It is your responsibility to evaluate the content in the context of your own training, licensing, and professional judgment.

Intellectual Property: Guest Faculty retain ownership of their original materials unless otherwise agreed. You may not record, reproduce, redistribute, or share Guest Faculty content outside the context of the program in which it was delivered without explicit written permission.

Availability: Guest Faculty appearances, recordings, and supplemental content are subject to change without notice. Access to specific contributors or their content is not guaranteed and may be time-limited or restricted.

9. PRACTITIONER DIRECTORY PARTICIPATION

Certain Services may include access to or participation in our Practitioner Directory ("Directory"), which allows eligible users to be publicly listed as trained practitioners. By submitting your information to be included in the Directory, you agree to the following:

Eligibility: Only users who have successfully completed specific educational programs designated by the Company may be eligible to appear in the Directory. Eligibility requirements may change at the Company’s discretion.

Voluntary Participation: Inclusion in the Directory is optional. You may opt-in by completing the required forms and submitting accurate, up-to-date information including your name, credentials, bio, and a professional photo.

License to Display: By submitting your profile for listing, you grant the Company a non-exclusive, royalty-free, worldwide license to display, publish, and promote your Directory listing across our Services and related marketing materials.

Responsibility for Content: You are solely responsible for the accuracy of the information you submit. Misrepresentation of your credentials, services, or professional affiliations is grounds for removal and may result in legal consequences.

No Endorsement: A Directory listing does not imply the Company’s endorsement, sponsorship, or verification of your qualifications. Users of the Directory are responsible for conducting their own due diligence when engaging any listed practitioner.

Disclaimers: The Company is not liable for any outcomes, advice, or services rendered by practitioners listed in the Directory. Any relationship formed between a listed practitioner and a client is entirely independent of the Company.

Changes & Removal: The Company reserves the right to edit, reject, or remove any Directory listing at its sole discretion, with or without notice, especially if it violates these Terms or is deemed inconsistent with our brand or community standards.

Ongoing Requirements: Continued inclusion in the Directory may be contingent upon maintaining good standing in our programs, completing periodic updates, or meeting continuing education or conduct standards.

By opting into the Practitioner Directory, you affirm that you meet the eligibility criteria and that you understand and accept the terms of participation outlined above.

10. CERTIFICATION, CME & PROFESSIONAL CREDENTIALS

Certain educational programs offered by the Company may include an optional certification process. For example, participants in the IBD Academy may be eligible to earn the IBDA-C credential upon successful completion of a certification exam.

Proprietary Credential: The IBDA-C (IBD Academy Certified) credential is issued solely by Gut Health Education. It is a proprietary certification and is not accredited by any government-recognized credentialing body or licensing authority.

Certification Requirements: To earn the IBDA-C credential, users must complete all course modules and pass a final certification exam. The certification is valid for three (3) years from the date of issuance. Renewal or re-certification may be required to maintain active status.

Certification Materials: Upon passing the exam, certified users receive a digital certificate of competency and a digital IBDA-C emblem that may be used on personal websites, social media profiles, or marketing materials, subject to compliance with our branding guidelines.

Marketing Use Disclaimer: While the IBDA-C emblem and certificate may enhance your professional presentation, you may not misrepresent the credential as an academic degree, government-recognized certification, or licensure. You must clearly disclose that it is issued by Gut Health Education and is not an accredited credential.

Scope of Credential: The IBDA-C is intended to demonstrate competency in the curriculum delivered through IBD Academy. It does not authorize you to diagnose, treat, or cure medical conditions, nor does it expand your legal or professional scope of practice. It is your responsibility to comply with all applicable laws and licensing requirements in your jurisdiction.

CME Status: We are actively pursuing accreditation to offer Continuing Medical Education (CME) credits for IBD Academy and other programs. Unless explicitly stated, our programs do not currently offer CME, CEU, or other continuing education credits.

Disclaimer: Certification does not guarantee any particular client outcomes or professional advancement. Participation is entirely voluntary and intended as a supplemental educational benefit.

By participating in our certification offerings, you acknowledge that you understand the proprietary nature of our credentials and your responsibilities in marketing, using, or referencing such credentials in a professional context.

11. COMMUNITY EXPECTATIONS & BEHAVIOR

Participation in our programs and Services may include access to one or more community environments, such as discussion boards, group chats, Slack channels, forums, or other interactive features (collectively, the "Community"). These spaces are designed to support peer engagement, resource sharing, and professional dialogue.

Access Eligibility: Access to any Community space is limited to active participants of the associated program. Sharing login credentials or granting access to others is strictly prohibited.

Peer-Led Engagement: Community spaces are peer-driven and not monitored by licensed professionals. We do not provide medical, legal, or case-specific advice within Community platforms. All content should be treated as general education or peer support.

Conduct Expectations: Participants are expected to engage respectfully and professionally. Harassment, hate speech, unsolicited promotion, aggressive debate, or disrespectful behavior will not be tolerated.

Confidentiality & Compliance: You are responsible for de-identifying any case information or examples shared in Community spaces. Do not post protected health information (PHI), personally identifiable information (PII), or client-sensitive content. All participants are expected to comply with HIPAA and other applicable privacy laws.

Moderation & Removal: We reserve the right to moderate or remove any posts, comments, or participants at our sole discretion. Access may be revoked for any behavior deemed harmful, non-compliant, or disruptive. Removed participants are not entitled to a refund.

No Endorsement: Comments, suggestions, or strategies shared in Community spaces reflect the opinions of individual users and do not represent the official views or endorsement of Gut Health Education.

By participating in our Community spaces, you agree to these expectations and understand that violations may result in immediate removal without refund or further notice.

12. INTELLECTUAL PROPERTY & LIMITED LICENSE

All content, materials, and resources made available through our Services—including but not limited to video lessons, written content, presentations, downloads, templates, transcripts, audio recordings, the Gut Health Education textbook, and proprietary frameworks (collectively, the "Content")—are the intellectual property of Microbiome Consulting, LLC d/b/a Gut Health Education, or its licensors.

By purchasing or accessing our Services, you are granted a limited, revocable, non-exclusive, non-transferable license to use the Content for your individual, personal, and non-commercial educational purposes only.

You MAY:

• View and interact with Content through the platforms provided by the Company.
• Download permitted materials (e.g., PDFs, handouts) solely for your personal use and reference, subject to any additional restrictions stated at the time of download.

You MAY NOT:

• Reproduce, copy, share, distribute, sell, license, republish, or commercially exploit any Content in whole or in part.
• Use our Content for client delivery, curriculum development, or training unless you have received written permission or purchased a license that explicitly permits such use.
• Upload or feed any portion of our Content into AI tools, machine learning models, bots, or other automated systems without express written consent.
• Create derivative works based on our Content, including translations, adaptations, or modified formats, for distribution or resale.

Third-Party Contributions: Any guest expert content, case reviews, or contributed materials remain the intellectual property of the respective contributor and are subject to the same limitations.

Practitioner Directory Submissions: If you participate in our Practitioner Directory and submit profile content (e.g., photo, bio, credentials), you retain ownership of your submission but grant us a royalty-free license to display and promote this content as part of the Directory.

Violation of these intellectual property terms is considered a material breach of these Terms and may result in legal action, immediate termination of your access, and forfeiture of any fees paid.

By accessing or using our Services, you acknowledge and agree to these restrictions and affirm that you will not use the Content beyond the scope of the license granted.

13. USER-GENERATED CONTENT, LIKENESS & RECORDINGS

By submitting, posting, or otherwise providing content to us, whether through participation in live events, online forums, surveys, testimonials, or otherwise (“User Content”), you grant the Company a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, translate, distribute, display, and otherwise exploit such User Content, in whole or in part, in connection with the Services and for marketing, educational, or promotional purposes.

You acknowledge and agree that the Company may record, photograph, or livestream live or virtual events. By attending or participating in such events, you grant the Company the right to use your image, likeness, voice, and any contributions for promotional, educational, or commercial purposes, without compensation to you. You waive any right to inspect or approve any such use and acknowledge that such materials may be edited and used at the Company’s sole discretion.

Live sessions may be recorded and repurposed for use with future cohorts, trainings, or internal educational resources. Your participation, including your voice, image, screen name, or contributions to the chat or discussion, may be captured and included in these recordings. If you do not wish to be recorded or identified, you are responsible for disabling your video/audio and avoiding submission of identifying content during live sessions.

Participants are strictly prohibited from recording, screenshotting, or redistributing any portion of live sessions without the Company’s express written permission. Unauthorized recording or sharing is a violation of these Terms and may result in immediate removal from the Services without refund.

We reserve the right to reschedule, modify, or cancel any live event or training session included in the Services at our sole discretion, including changes to timing, platform, or delivery format. Any such changes will be communicated in a timely manner. Participants are responsible for checking their time zones and adjusting their schedules accordingly to attend live events.

While we make reasonable efforts to provide replay access for recorded sessions, we do not guarantee the availability of replays for all events. Replay access, if offered, may be time-limited or restricted based on program terms.

Participants are expected to engage respectfully during live sessions, refrain from disruptive behavior, and comply with any conduct guidelines provided by the Company. We reserve the right to remove any participant whose behavior is deemed inappropriate or disruptive.

If you wish to withdraw consent for the use of your likeness in future materials, please contact us in writing. This withdrawal will not apply retroactively to materials already created or published.

You are solely responsible for your User Content and agree not to submit any content that infringes on third-party rights, is unlawful, defamatory, or otherwise objectionable. The Company reserves the right to remove or restrict any User Content at its sole discretion.

14. PROHIBITED USES & TERMINATION

You agree not to use the Services for any unlawful, harmful, or abusive purposes, or in any way that may damage, disable, overburden, or impair the Services or interfere with others' use and enjoyment. This includes, but is not limited to:

• Harassing, abusing, or harming other users or individuals;
• Sharing or distributing materials in violation of our intellectual property terms;
• Uploading viruses, malware, or any malicious code;
• Attempting to gain unauthorized access to our systems or user accounts;
• Using the Services to advertise or solicit products, services, or clients without permission;
• Violating any Community Expectations as outlined in Section 11.

We reserve the right to suspend or permanently revoke your access to any part of the Services at our sole discretion and without prior notice if you violate these Terms or engage in conduct we determine to be inappropriate, unethical, or harmful. This includes, but is not limited to, violations of our intellectual property policies, payment obligations, community standards, or applicable laws.

In such cases, you are not entitled to a refund or reimbursement for any fees paid. We may pursue legal action or equitable relief to protect our business, reputation, and intellectual property.

Your continued use of the Services indicates your understanding and acceptance of these potential consequences.

15. MEDICAL DISCLAIMER

The educational content and resources provided through our Services, including but not limited to digital courses, webinars, downloadable materials, and community discussions, are intended solely for general informational and educational purposes. They are not a substitute for professional medical advice, diagnosis, or treatment.

Not Medical Advice: Although some content may be presented by licensed health professionals, no part of our Services constitutes personalized medical advice or establishes a provider-patient relationship. Always consult with your own physician, licensed healthcare provider, or qualified practitioner before making decisions about your health or applying any information from our Services to clinical practice.

Professional Responsibility: If you are a licensed healthcare provider, you agree to use your independent clinical judgment when applying any educational content. You remain solely responsible for ensuring your use of the information complies with your licensing board's rules, scope of practice, and applicable laws in your jurisdiction. Gut Health Education does not supervise or oversee your use of the content in clinical settings.

Use at Your Own Risk: Your use of our content is voluntary and at your own risk. Microbiome Consulting, LLC disclaims any liability for outcomes resulting from your use or misuse of our content, whether applied to yourself, your clients, or others.

No Guarantees: We may share testimonials, case studies, or user experiences for illustrative purposes. These examples are not a promise or guarantee of results. Outcomes vary based on individual circumstances, background, and other factors.

Product Mentions & Affiliations: From time to time, our content may reference dietary supplements, tools, lab tests, or third-party services. These references are for educational use only and do not constitute endorsements. Statements regarding these products have not been evaluated by the U.S. Food and Drug Administration unless otherwise noted.

Third-Party Resources: Links to external resources or third-party tools are provided for convenience only. We do not guarantee, endorse, or assume responsibility for the accuracy or practices of these external sites.

By accessing or using our Services, you acknowledge that you have read this Medical Disclaimer and agree to assume full responsibility for any decisions or actions taken based on the information provided.

16. RESULTS & TESTIMONIAL DISCLAIMER

From time to time, our Services may reference testimonials, case studies, or examples of user experiences and results. These references are provided for illustrative purposes only and do not constitute a promise, guarantee, or representation that any current or future user will achieve the same or similar outcomes.

Individual Results Vary: Outcomes referenced in testimonials depend on a wide range of variables, including but not limited to individual effort, clinical background, market conditions, and the context in which our Services are implemented. Your results may vary significantly.

No Guaranteed Results: The Company makes no express or implied guarantees regarding your personal, professional, or financial outcomes from using our Services. By using our Services, you acknowledge that success is highly individual and dependent on your unique efforts, circumstances, and commitment.

Testimonial Accuracy: While we aim to only publish testimonials from actual users of our Services, we cannot guarantee the accuracy or completeness of every statement shared. Testimonials are presented as received, except for edits to correct grammar or shorten length.

No Earnings or Health Claims: Any discussion of increased earnings, business growth, health improvement, or other benefits should not be construed as typical or expected. We do not make earnings claims, health outcome guarantees, or assert that specific results will occur.

By continuing to access and use our Services, you accept full responsibility for your own results and understand that testimonials and case studies are not a substitute for your personal judgment, due diligence, or professional consultation.

17. PRODUCT MENTIONS, SPONSORSHIPS & ENDORSEMENT DISCLOSURE

From time to time, we may reference or link to third-party products, tools, services, or resources as part of our educational content. These references are included to enhance your learning experience and provide additional value—but they do not constitute formal endorsements unless explicitly stated.

Transparency in Partnerships: Some of the products, services, or resources we mention may be provided by third parties with whom we have a paid sponsorship, referral, or affiliate relationship. This means we may receive compensation or other benefits if you choose to make a purchase through a provided link.

Not All Links Are Commissioned: While some links may be affiliate or sponsored, others are shared purely for educational or informational purposes with no financial relationship. We are committed to transparency and will make reasonable efforts to disclose affiliated relationships where applicable.

Editorial Independence: Regardless of any potential compensation, we only recommend products or services we believe are relevant and potentially beneficial to our audience. Any opinions expressed are our own and are not influenced by compensation.

Due Diligence: You are solely responsible for evaluating the suitability, safety, and effectiveness of any third-party product or service before using it. We do not control or guarantee the accuracy, claims, or practices of any external sites or companies.

If you have questions about any links or relationships mentioned in our content, you are welcome to reach out to us at [email protected].

18. MODIFICATIONS TO SERVICES

We reserve the right to modify, update, or discontinue any part of our Services at any time and for any reason, without prior notice. This includes but is not limited to changes in curriculum, pricing, product offerings, delivery methods, platform availability, or support features.

Curriculum & Content Updates: As part of our ongoing commitment to high-quality education, we may revise or enhance course content, add or remove modules, or restructure delivery formats. These changes may occur without prior announcement and may affect your access to certain materials. Access to newly released content may be subject to additional fees or enrollment requirements.

Access Limitations: While we aim to provide a consistent user experience, we do not guarantee uninterrupted access to any particular feature, platform, or content. Temporary downtime, maintenance, or changes in technology may impact availability.

Pricing & Promotions: Prices for our Services are subject to change at any time. We may also introduce or discontinue promotional offers at our sole discretion. Such promotions are not retroactive and will not be applied to past purchases.

Legacy Programs & Features: Some older Services or legacy program structures may be phased out or no longer supported as we evolve our offerings. Continued access may require re-enrollment in a newer version of the program.

By continuing to use our Services after any such modifications, you acknowledge and agree to be bound by the updated features, structure, or terms.

19. CONSENT TO COMMUNICATION

By providing your contact information, including your email address and/or mobile phone number, or by creating an account with us, you consent to receive communications from the Company related to your use of the Services. These communications may include service announcements, administrative messages, order confirmations, updates, marketing content, promotional offers, and information about our programs, products, and events. Communications may be delivered via email, SMS text message, or other electronic means.

Marketing Communications:
You may opt out of marketing emails at any time by clicking the “unsubscribe” link included in each message. To stop receiving marketing-related SMS messages, you may reply “STOP.” Please note that opting out of promotional messages does not affect our ability to send you transactional or service-related communications necessary for your use of the Services.

Text Message and Phone Communications:
Standard messaging and data rates may apply for SMS or text communications. By providing your number, you consent to receiving such communications unless and until you opt out as described above.

No Purchase Required:
You acknowledge that your consent to receive communications is not a condition of any purchase or participation in our Services.

20. LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law, Microbiome Consulting, LLC (d/b/a Gut Health Education) and its directors, officers, employees, contractors, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of income, profits, goodwill, data, or other intangible losses arising from or related to:

• Your access to or use of (or inability to access or use) the Services;
• Any content, information, or materials obtained through the Services;
• Errors, omissions, or inaccuracies in our content;
• Actions or decisions made in reliance on our Services;
• Any unauthorized access to or use of our servers, systems, or data;
• Interactions or relationships formed with other users, Guest Faculty, or Directory members.

This limitation applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Maximum Damages: If we are found liable for any reason, our total cumulative liability shall not exceed the greater of: (a) the total amount you paid for the specific Service giving rise to the claim within the six (6) months prior to the event; or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow certain disclaimers or limitations of liability. If any part of this clause is held invalid under the law of your jurisdiction, the remaining provisions shall remain in full force and effect.

21. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Microbiome Consulting, LLC (d/b/a Gut Health Education), including its officers, directors, employees, contractors, agents, licensors, affiliates, successors, and assigns, from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from:

(a) your use or misuse of the Services; (b) your breach or alleged breach of these Terms or any other applicable policies or agreements; (c) your violation of any applicable law, regulation, or third-party right; (d) any information, content, or materials submitted by you through the Services; (e) any conduct, actions, or omissions occurring in connection with your participation in the Practitioner Directory, Community spaces, or use of Guest Faculty content.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Services.

22. DISPUTE RESOLUTION & ARBITRATION

We are committed to resolving any concerns or disputes in a professional, respectful, and efficient manner. If you have an issue with our Services, we encourage you to contact us first at [email protected] so we can work together toward a resolution.

Informal Resolution First: Before initiating formal legal proceedings, you agree to first attempt to resolve any claim or dispute informally by contacting us in writing and allowing at least thirty (30) days for a response and resolution.

Binding Arbitration: If a dispute cannot be resolved through informal means, you agree that any claim, controversy, or dispute arising out of or relating to these Terms, our Services, or your relationship with the Company shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Location & Governing Law: Arbitration shall be conducted in Pennsylvania, unless otherwise agreed in writing. These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law provisions.
• Arbitration Scope: This clause applies to all claims, including contract, tort, statutory, or equitable claims, and survives termination of these Terms.
• Arbitration Process: The arbitration shall be conducted by a single neutral arbitrator. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
• Costs: Each party shall be responsible for their own legal fees and costs, unless the arbitrator determines otherwise under applicable law.

Exceptions: Notwithstanding the above, either party may (a) bring an individual claim in small claims court; or (b) seek equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misuse, or misappropriation of intellectual property rights.

By using our Services, you knowingly and voluntarily waive any right to a jury trial or to participate in a class action, as further described below.

 

23. GOVERNING LAW & VENUE

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

Exclusive Jurisdiction: To the extent that any dispute arising under these Terms is not subject to arbitration, you agree that such dispute shall be brought exclusively in the state or federal courts located in Cumberland County, Pennsylvania. You expressly and irrevocably consent to the jurisdiction of such courts and waive any objections to venue therein.

Waiver of Forum Non Conveniens: You further agree not to assert the doctrine of forum non conveniens or any similar defenses in any such action and waive any argument that Pennsylvania is an inconvenient forum.

By continuing to access and use our Services, you acknowledge and agree to be bound by the substantive and procedural laws of Pennsylvania for the resolution of any disputes that may arise.

Legal Compliance and Representations: By purchasing or using our Services, you represent and warrant that you will comply with all applicable laws, regulations, and professional standards in your jurisdiction. If you are a healthcare provider or licensed professional, you acknowledge that participation in our programs does not grant you any additional credentials, authorizations, or permissions beyond those already held under your licensure. It is your sole responsibility to ensure that your use of our Services remains within the bounds of your legal and professional scope of practice.

24. NO CLASS ACTIONS

To the fullest extent permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any relationship between you and the Company shall be resolved on an individual basis. You further agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action, including without limitation as a private attorney general.

Class Action Waiver: You expressly waive any right to participate in or bring class actions, consolidated actions, private attorney general actions, or representative actions against the Company. Unless otherwise agreed to in writing, the arbitrator or court shall not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

25. CHANGES TO TERMS

We reserve the right to modify, update, or replace these Terms of Service at any time, in our sole discretion. Any changes will become effective immediately upon posting the revised Terms on our website, unless otherwise stated. It is your responsibility to review these Terms periodically for updates. Continued use of the Services after any such modifications constitutes your acceptance of the updated Terms.

If a material change is made, we may provide additional notice (e.g., by email or a prominent notice on our website), but are not obligated to do so. The "Effective Date" at the top of this document reflects the last date these Terms were revised.

26. FORCE MAJEURE

We shall not be liable or responsible for any failure or delay in performance of any obligation under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, storms, war, terrorism, pandemic, governmental action, labor disputes, utility failures, disruptions of internet service, or other similar events (“Force Majeure Event”).

If a Force Majeure Event occurs that affects our ability to perform our obligations under these Terms, we will notify you as soon as reasonably possible and our obligations will be suspended for the duration of the Force Majeure Event.

27. CONFIDENTIALITY

You acknowledge and agree that in the course of accessing our Services, you may receive or have access to confidential or proprietary information belonging to the Company, including but not limited to educational materials, unpublished research, clinical protocols, internal tools, systems, and business practices ("Confidential Information").

You agree to maintain the confidentiality of such information and to not disclose it to any third party without the Company’s prior written consent, except where required by law. You may only use Confidential Information for your personal educational purposes and in accordance with these Terms. You may not use Confidential Information for any commercial purpose or competitive endeavor.

You further agree to take reasonable precautions to protect the confidentiality of such information and to promptly notify the Company in writing of any unauthorized use or disclosure. This obligation survives the termination or expiration of your access to the Services.

28. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions.

29. NO WAIVER

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of any such right, power, or remedy. Any waiver must be expressly stated in writing and signed by an authorized representative of the Company to be effective.

30. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Disclaimer, Terms of Use, and any program-specific agreements provided at the time of enrollment, constitute the entire agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and the Company relating to the Services.

31. ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without your consent.

32. SURVIVAL

Any provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to those relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.