TERMS AND CONDITIONS OF SERVICE
We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
These Terms and Conditions of Use ("Agreement") are a legal agreement between you and Dr. Marilu Almeida Hunt (hereinafter referred to as "Website Owner"), the owner and developer of GUTRECHARGE.COM. By registering for any service provided on Gut Recharge you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY GUT RECHARGE SERVICE. The Terms are subject to change at any time, effective upon notice to you.
THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO GUTRECHARGE.COM. GUT RECHARGE RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Limitations of Liability and Indemnification.
By using any services provided by Gut Recharge, you agree that in no event will Gut Recharge, Website Owner, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Gut Recharge or Website Owner shall be a return of any fees paid to Gut Recharge or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Gut Recharge. Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services, and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of your use of Gut Recharge including any breach by you of the Terms contained in this Agreement.
2. Responsibility for Use of Website.
You understand and agree that you are solely responsible for your actions and decisions to meet other people you meet online through the services provided on Gut Recharge. You understand that Gut Recharge and Website Owner do not perform psychological testing or background checks on the individuals who may use Gut Recharge’s services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Gut Recharge, which includes, but is not limited to exchanging e-mail first before giving out any personal information and meeting in a public place.
3. Do Not Rely on Gut Recharge.
Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from Gut Recharge or Website Owner. Gut Recharge and Website Owner do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
4. Warning re: Offensive Information.
It is possible that other Gut Recharge clients will post or send obscene or offensive materials on the site or to you via e-mail. By using your e-mail address, other people may also access personal information about you through other means outside the control of Gut Recharge. Gut Recharge, Website Owner, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
5. Right to Monitor.
Gut Recharge and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site. You are responsible for any activities that take place under your username and password. If you become aware of unauthorized use of your password, account, or other security breaches, please contact Gut Recharge immediately. It is up to you to maintain the confidentiality of your password and account. Gut Recharge is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
It is agreed that all personal information given to Gut Recharge or Website Owner, will be kept confidential by Gut Recharge and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by Gut Recharge, in which case the confidentiality clause contained in this Agreement is rendered null and void. Any passwords used for this website are for the Client's individual use only. You will be responsible for the security of your password(s). From time to time, Gut Recharge may require that you change your password. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its systems, resources, and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Gut Recharge reserves the right to release your account details to system administrators at other websites and/or the authorities to assist them in resolving security incidents. Website reserves the right to investigate suspected violations of this Agreement. Website and Website Owner reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Gut Recharge to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
7. Ownership, Copyrights, Trademarks, Licenses.
Gut Recharge and Website Owner own and retain all proprietary rights to the Gut Recharge service, its trademarks, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Gut Recharge and Website Owner. By posting information to Gut Recharge and Website Owner you represent that you have the right to grant permission for use by Gut Recharge and Website Owner.
8. No Warranties.
Gut Recharge and Website Owner provide the Gut Recharge services on an "as is" basis and do not make any warranty, express, implied, limited, or other with respect to the services provided. Specifically, Gut Recharge and Website Owner do not warrant that the service will always be available, be uninterrupted, be error-free, meet your requirements, or that any defects in the services will be corrected. THE USE OF GUT RECHARGE AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GUT RECHARGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GUT RECHARGE MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.
9. Dispute Resolution.
This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Southern District of Florida and you hereby consent to the jurisdiction of any such court. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
10. Severability Provision
If any provision is found to be invalid, the remaining provisions will be in full force and effect.
11. Age Restriction.
You certify that you are at least 18 years of age and that your answers to the registration materials on Gut Recharge will be truthful. In accessing and using Gut Recharge, you understand and agree that basic information concerning you, given to Gut Recharge, will be published on the website for others to view along with your User ID. Your name, address, and e-mail address are kept confidential, except where provided above.
12. Entire Agreement.
This Agreement constitutes your entire Agreement with Gut Recharge and Website Owner with respect to any services.
The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
You hereby indemnify, defend, and hold harmless Gut Recharge and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Gut Recharge Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Gut Recharge and/or Gut Recharge's Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties, and covenants you made, if any, by agreeing to these terms. Gut Recharge reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.