LAST UPDATED AT: JUN 20, 2024
Terms & Conditions
Thank you for using GutChek! The following terms and conditions (the “Terms and Conditions” or the “Agreement”) constitute an agreement between you and GutChek Inc. (“GutChek,” “we,” or “us”), the operator of the GutChek app and related services, and all associated services (collectively, the “Services”) provided by GutChek and on/in which these Terms and Conditions are posted or referenced. “You” or “yours” refers to any user or other person or entity other than yourself who accesses our Services; whether or not such person or entity registered for a GutChek account (an “account”).
Acknowledgement
Our Services are currently only available to users who are located in states in which we offer the Service. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is less than 18 years of age, to create an account or use the Services on your own. Certain Services are subject to additional age restrictions, and not all services are available to all ages. If you do not qualify under these Terms and Conditions, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By visiting, accessing, registering with or using the Services, you represent and warrant (a) that you have the right, authority, and capacity to enter into these Terms and Conditions (b) and that when you use our Services to book an appointment, you are located and have insurance coverage in the same state with the healthcare professional you are seeking consultation. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services. Our Services are subject to state regulations and may change from time to time due to changes in regulatory requirements.
BY ACCESSING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OUR SERVICES. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO ACCESSES OUR SERVICES OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
IF YOUR USE OF THE SERVICES IS TERMINATED FOR ANY REASON, THEN: (A) THIS AGREEMENT WILL CONTINUE TO APPLY AND BE BINDING UPON YOU WITH REGARD TO YOUR PRIOR USE OF THE SERVICES (AS WELL AS ANY SUBSEQUENT AND UNAUTHORIZED USE OF THE SERVICES), INCLUDING YOUR INDEMNIFICATION OBLIGATIONS AS DESCRIBED HEREIN; AND (B) ANY RIGHTS OR LICENSES GRANTED TO US UNDER THIS AGREEMENT WILL SURVIVE SUCH TERMINATION.
GUTCHEK’S COLLECTION AND USE OF PERSONAL DATA IN CONNECTION WITH THE SERVICES IS DESCRIBED IN GUTCHEK’S PRIVACY POLICY (“PERSONAL DATA” AS DEFINED THEREIN).
ARBITRATION NOTICE: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND HEALTHCARE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT-OUT OF ARBITRATION BELOW.
Acceptance of Terms and Conditions
Your access to and use of the Services is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using our Services or any information or Content provided through the Services, except as necessary to review this Agreement. Our Services are continually under development, so these Terms and Conditions may change along with our Services. We reserve the right to change the Terms and Conditions any time, but if we do, we will post a notice on our site, send an email, and/or notify you by some other means. If you don’t agree with the new Terms and Conditions, you are no longer able to use our Services. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes. We may from time to time add new features to our Services, substitute a new Service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will GutChek be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features or Services will be governed by this Agreement.
Our Services
GutChek grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms and Conditions. Parts of the Services can be viewed without a GutCheck Account. However, to benefit from all our Services, you must create an account and provide certain information about yourself. If you do provide us with any information, you authorize GutCheck to use and disclose it as described in our Privacy Policy.
You may encounter certain Content that GutChek makes available to you while utilizing our Services. “Content” means content, text, data, images, video, photographs, audio, graphics, information, suggestions, articles, guidance, scheduling availability, and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings. The Content that you obtain or receive from GutChek, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational purposes only. No party involved in the preparation or publication of such works guarantees that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content. All medically related information, including, without limitation, information shared via GutChek articles, social channels, emails, text messages, and advertising is for informational and communicative purposes only.
THE CONTENT IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.
Registration
When you create a GutChek Account, you will provide an email address, password (collectively, “Credentials”). You acknowledge and agree that you are responsible for maintaining the confidentiality of your Credentials. By creating an account, you consent to receive all required notices and information. Electronic communications may be posted on our Services and/or delivered to the email that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or changes thereof, including email, mobile number, and personal address. If you become aware of any unauthorized use of your Registration or Account Information for the Service, you agree to notify GutChek immediately at support@gutchek.io
Doctor Verification
Doctors or physicians must also provide a valid National Provider Identifier (NPI) number when registering a GutChek Account using our app, In order to verify your identity as a Healthcare Provider, you authorize us to make any inquiries we consider necessary to validate your identity including organizational address, number, or other verifying information you provide against third party databases or other sources. Verification of identity may involve direct telecommunication with you or your office location by phone, fax, or email. If you do not provide this information or GutChek cannot verify your identity or credentials as a doctor, we can refuse to allow you to use the Services.
We Do Not Provide Medical Advice
You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional-patient relationship between you and GutChek, and does not constitute an opinion, diagnosis or treatment, or medical advice but is provided as general information to assist you in choosing a doctor or other healthcare professional, provider, organization, or agent or affiliate thereof (collectively, “Healthcare Providers”).
By using our Services, you may, however, be entering into a medical professional-patient relationship with the Healthcare Providers. We do not control or interfere with the practice of medicine by the Healthcare Providers, each of whom is solely responsible for directing the professional services, medical care, recommendations, and/or treatment they provide to you. These include pre-screening questionnaires, instructions, treatment, and procedures. GutChek encourages Healthcare Providers to be responsible in their use of the Services, but we have no control over, and cannot guarantee the availability of any Healthcare Provider. We will not be liable for canceled or no-show procedures, or any injury or loss arising, resulting, related to the use of the Services.
By accepting this Agreement, you acknowledge and agree that Healthcare Providers may send you messages, reports, and emails via the Services regarding your diagnosis and/or treatment. You understand and agree that GutChek is not responsible for the security or privacy of the communications services you use to receive the aforementioned messages, reports, and emails sent via the Services. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither GutChek nor the Healthcare Providers will be responsible in any way and you will not hold GutChek or any Healthcare Providers liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Healthcare Provider(s).
Relationship with Healthcare Providers
GutChek is not a referral service and does not employ, refer, recommend or endorse any specific Healthcare Provider’s opinion, procedure, test, schedule availability or other information that may appear through the Services.
GutChek’s lists of Healthcare Providers are not 100% complete as there may be Healthcare Providers that fit your needs outside our Services. Healthcare Providers listed through our Services enter into contract with us and choose what appointment availability, if any, to advertise on their GutChek profiles. Healthcare Providers may have availability beyond what’s listed through the Services. The Healthcare Providers presented to you are based on information you provide us, including insurance information, geographic location, and availability.
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
GutChek takes certain limited steps to verify that Healthcare Providers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services. At our discretion, GutChek reserves the right to exclude Healthcare Providers from our Services who have engaged in inappropriate or unprofessional behavior.
Gutchek does not make any representations or warranties with respect to these Healthcare Providers, their actions, or the quality of the services they may provide. We are not responsible for (a) ensuring that information a Healthcare Provider provides about himself or herself, including credentials, is accurate or up-to-date, (b) making sure that Healthcare Providers’ services are actually provided or are up to a certain standard of quality. GutChek does not receive any fees from Healthcare Providers for featuring them higher or better placement on lists through the Services.
Insurance Information
We make every effort to provide you with accurate insurance coverage and benefit content (“Insurance Content”). Insurance Content is provided, maintained, and managed by Healthcare Providers on our Services for your convenience and general purposes only. Insurance Content can change frequently, become out-of-date, incomplete, or inaccurate. You agree that you will provide, maintain, and verify accurate insurance-related Personal Data obtained by automated means from an insurance card. You also are responsible for ensuring the Healthcare Provider(s) you choose using our Services takes your particular insurance before, and at the time of, your appointment. GutChek is not responsible for any outdated, incomplete, or inaccurate Insurance Content.
Medical Information
You may elect to enter medical and personal health information into the Services provided by GutChek and authorize us to provide this Personal Data to your chosen Healthcare Provider(s). You acknowledge and agree that such information will be reviewed and verified for accuracy by you or an authorized individual at the time of your appointment. You may also authorize to provide or share Personal Data to other users within our Services. You are responsible for any data or information you.
Medical Disclaimer
The Content provided by the Services is provided for general information purposes only. GutChek does not provide medical advice, diagnosis, or treatment. Any pre-screening questionnaires or instructional materials contained on the Services are developed and made available by Healthcare Providers using our Services to schedule and distribute information for the typical individual undergoing colonoscopy. It does not replace medical advice from Healthcare Providers and does not include all information about conditions, treatments, medications, side effects, or risks that may apply to a specific patient. Users must speak with their Healthcare Provider(s) for complete information about their health, medical questions, prevention and treatment options including any risk or benefits. Content and other information contained on the Services is provided as a convenience. No decision should be taken based solely on the Content of the Services, nor should you delay seeking medical advice or treatment due to its information. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. GutChek Inc disclaims any warranty or liability relating to the content or use thereof.
Privacy Policy
GutChek understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.
Prohibited Use
You are prohibited from using or attempting to use the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) in any manner that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by GutChek to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by GutChek, (vii) to copy, reverse engineer, disassemble or decompile, decipher, or create derivative works any section or technology on the Services, or (viii) for any use other than the business purpose for which it was intended.
You agree you will not: (a) provide your Credentials to any other person, use any other person’s login credentials, or attempt to gain unauthorized access to any portion of the Service;(b) falsify personal information in your GutChek Account, create more than one account, transfer your account, or create an account for anyone other than yourself; (c) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, tortious, libelous, or inappropriate with respect to race, gender, ethnicity, sexuality or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (d) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any GutChek representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) upload or transmit any material that you do not have a right to display, reproduce or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (f) upload files that contain viruses, trojan horses, worms, malware, ransomeware, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (g) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (h) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “pyramid schemes,” “phishing, ” “chain letters,” “lottery,” “gambling” or any other form of solicitation, commercial or otherwise; (i) violate any applicable local, state, national or international law; (j) upload or transmit any material that infringes any trademark, patent, service mark, trade secret, copyright or other proprietary rights of any party; (k) copy, reproduce, modify, delete any material posted by any other person or entity; (l) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (m) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (n) circumvent any technology used by GutChek or any third party to protect content accessible through the Services; (o) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (p) harvest or otherwise collect information about others, including email addresses; (q) accumulate or index any Content or portion of the Services (including, without limitation, Healthcare Provider Content, appointment availability, and insurance related content); (r) use any robot, spider, scraper, or other automated or manual means to access the Services, or copy, download, distribute or reproduce any content or information on the Services; (s) provide false information; or (t) assist or permit any person in engaging in any of these activities.
GutChek reserves the right to take any legal actions or implement any technical measures it may deem appropriate to prevent violations of and enforce the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. GutChek may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Third Party Links and Services
You may encounter links to the third-party websites while using our Services. We are not responsible for, nor do we control, the content, products, or services provided by any linked websites. GutChek is providing these links to you only for your convenience. We do not endorse or guarantee the quality or accuracy of the products, information, services, or recommendations provided by these websites. You acknowledge and agree to release and hold GutChek harmless or liable for any kind of loss or damage, legality, or decency arising from accessing other websites using our Services. You should carefully review and do whatever investigation is necessary before accessing or dealing with any of these third parties.
Third Party Software
We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.
Use With Your Mobile Device
Use of the Services on our mobile app is dependent on third party stores from which you download the application, including the Apple App Store and Google Play (collectively, “Application Provider”). Our app is made available through a compatible mobile device and internet and/or network access. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device, telecommunications, or Application Provider. GutChek makes no warranties or representations of any kind, express, statutory or implied as to: (a) the availability of telecommunication services or Application Provider and access to the Services at any time or from any location; (b) any loss, damage, or other security intrusion of the telecommunication services or Application Provider; and (c) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
Electronic Communications
When you voluntarily provide your email or mobile number, you are consenting to receive communications from GutChek and Healthcare Providers you assign by telephone, SMS and MMS messages, push notifications, or email. You acknowledge and agree to receiving such communications for operational, transactional, and informational purposes. You represent and warrant that each person or entity for whom you provide a mobile number receive communications from GutChek. You can opt out of receiving all text messages or push notifications at any time by adjusting your notification settings in your account or device settings. Note that opting out of receiving all messages may impair your ability to use our Services.
Content Backups
Although regular backups of Content are performed, GutChek does not warrant or guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. GutChek will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge and agree that GutChek has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of our Services.
Copyright Policy
We respect the intellectual property rights of others. We will respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through our Services, you must submit your notice in writing to the attention of our copyright agent via email at support@gutchek.io and include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail) (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at support@gutchek.io. Upon receipt of a notification, GutChek will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from our Services.
Intellectual Property
GutChek content provided through the Services, including the “look and feel”, notices, software, and other materials are protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Services (including but not limited to its content) in any manner not covered by the Agreement.
No Warranty
WE AT GUTCHEK PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HERE, GUTCHEK MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. GUTCHEK DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUTCHEK BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUTCHEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GUTCHEK SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Termination
GutChek reserves the right to terminate, suspend or deactivate your GutChek account and use of the Services at any time and for any reason without notice in accordance with this Agreement or our policies. GutChek shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Services. Account termination may result in loss of any content associated with your account. The provisions of this Agreement concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or expiration of these Terms and Conditions or your relationship with GutChek.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of our Services, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Healthcare Providers provided to us about or relating to you, or any other information that we may have that relates to you. If you willfully deactivate your account, your account data will be stored for a period of time until you have provided us with written notice requesting removal or required by applicable law.
Indemnification
You agree to defend, indemnify, and hold GutChek and any Third Parties offering products or services through the Services, including the Healthcare Providers harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, risks, costs, losses, and expenses (including, without limitation, litigation expenses and attorneys’ fees) relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Arbitration Agreement
If any dispute, claim, question, or disagreement arising between you and GutChek, or any Healthcare Providers, relating in any way to the use of our Services, or arising out of or in connection to this Agreement, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Madison County, Alabama.
IN THE EVENT OF ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND GUTCHEK WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. You and GutChek are instead choosing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND GUTCHEK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER GUTCHEK USERS.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and GutChek will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules.
Opt-out
You have the right to opt out of the provisions of this arbitration by sending written notice of your decision to opt out to the following email: support@gutchek.io within thirty (30) days of first accepting these Terms. You must include your name, home address, email address, mobile number associated with your account, and a clear statement that you want to opt out of these Terms and Conditions’ arbitration agreement.
If you send the opt-out notice and/or in any circumstances where the foregoing arbitration agreement permits either you or GutChek to litigate any dispute arising out of or relating to the subject matter of these Terms and Conditions in court, then the foregoing arbitration agreement will not apply to either you and GutChek, and both agree that any judicial proceeding will be brought in the state or federal courts located in Madison County, Alabama.
Severability
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions.
Governing Law
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the applicable federal law and the laws of the State of Alabama as applied to contracts made and to be performed entirely within Alabama, without giving effect to the state’s conflicts of law statute. Disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the Terms and Conditions set forth in the arbitration section of this Agreement.
Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy and Medical Disclaimer constitute the entire agreement between you and GutChek and supersede any previous oral or written agreements, including prior versions of this Agreement.
Assignment
You may not assign, transfer or sublicense this Agreement any attempt will be null and void. GutChek may, in its sole discretion, assign or transfer this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us by email: support@gutchek.io
