SolvingLeakyGut.com Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Use set forth the terms by which you may use the SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com Websites (“the Website”). These Terms of Use are an agreement between you and SFK, LLC (“Company”). By using this Website, you expressly acknowledge that you have read, accepted, and agree to be bound by these Terms of Use and all applicable laws hereunder. If you do not agree to the Terms of Use, then please do not use this Website.

We may modify our Terms of Use at any time without notice, and our amended terms will apply immediately. Please refer back to these Terms of Use from time to time to ensure that you are aware of any changes. The Privacy Policy published on this Website also forms part of these Terms of Use. From time to time, we may amend our Privacy Policy or introduce other policies regarding the use of the Website. Any reference to these Terms of Use includes all such policies.

These Terms of Use apply to all users of this Website, whether you are a visitor simply browsing the Website or purchaser of any products available for sale on our Website.

2.     Eligibility to use Website

Only adults are eligible to use SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com. By using these Websites, you warrant and represent that you are at least 18 years of age, and that you are fully competent and able to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use, and to abide and comply with them.

3.     Product Sales

SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com may make available products for sale, including but not limited to e-books. This Website will accept as payment for such purposes all major credit cards, including VISA, Mastercard, American Express, and Discover, as well as Pay Pal. We provide a 100% satisfaction money back guarantee on our products, so if you are unhappy with your purchase for any reason, you have sixty (60) days following the receipt of the product to request a full refund, which will be credited back to the card on which the purchase was made. One of our Customer Happiness Engineers will notify you via email through support@scdlifestyle.com upon the return of any refund.

4.     Content Disclaimer

The content of the SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com Website, along with the e-book sold on the Website,  The content should not be construed as medical advice or a professional medical opinion on any specific facts or circumstances. Information on this Website is not guaranteed to be accurate or complete, and you should not rely on it to make any medical or other decisions. The information on this Website should be construed as merely the personal opinions of writers who have celiac disease and follow the Specific Carbohydrate Diet.

We expressly disclaim all liability with respect to actions taken or not taken based on any of the contents of this Website. If we provide any specific examples of medical outcomes here, please be advised that we cannot guarantee a similar outcome.

Neither Company nor SCDLifestyle.com or SCDLifestylebook.com nor SolvingLeakyGut.com seeks to establish any professional relationship with any person or entity as a result of any visit to this Website. Transmission of the information on this Website is not intended to create and receipt does not constitute a physician-patient relationship between us and any user of this Website. Readers should not act upon any information provided on this Website without seeking advice from a licensed physician. Persons contacting us through the Website should not send confidential or sensitive information, and should not ask specific medical questions. No information submitted electronically through the Website or email to us will be treated as privileged or confidential. Any person submitting confidential or sensitive information to us waives all rights to confidential protection or physician-patient privilege. We assume no responsibility for the loss of confidential information that you transmit to us via the World Wide Web or Internet.

5.     Operation of Website

Company exercises commercially reasonable efforts to maintain SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com at all times and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If at any time bugs, errors, technical problems, or defects are identified, then we will assign technicians to promptly triage and resolve the issue, and to provide a workaround. If at any time you become aware of an error, bug, or other technical problem, you should promptly notify us at the incident at support@scdlifestyle.com providing the following information:

(a)   the specific sequence of events causing the incident;

(b)   the exact wording of any bug or error messages, if applicable;

(c)   a full description of the incident; and

(d)   any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot promise that access to the Website will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

We make commercially reasonable efforts to exclude viruses, worms, Trojan horses, and other destructive code from the Website; however, we cannot ensure that the Website will at all times be free from viruses, worms, Trojan horses, or other destructive software. You are urged to take appropriate safeguards when downloading information from this Website. We can assume no responsibility for any damage to computer equipment or other property that results from the use of this Website or the downloading of information from this Website.

6.     Restrictions on Use

The SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com Websites may only be used for lawful purposes and should be used only by visitors   Any other use of the Website is expressly prohibited, including but not limited to the following: (a) taking any action that disrupts, tampers with, interferes with, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network, or those of a third party via our Website; (b) using or attempting to use any engine, software, tool, agent, or any other devise or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (c) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (d) using any means of automatically searching or mining data from the Website or in any way attempting to interfere with the proper functioning of the Website; (e) collecting or storing personal information about any other user of the Website; (f) intentionally or unintentionally violating any applicable local, state, national, or international law; (g) co-branding this Website; or (h) framing this Website.

If you become aware of any inappropriate use, please notify us at our email address at support@scdlifestyle.com

7.     Making Comments

SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com provides users the ability to make comments, which can be shared with other members of the online community. You are solely responsible for ensuring that any such comments that you make are appropriate and are not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and do not consist of or contain software viruses, worms, or Trojan horses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In addition, you are responsible for not making ad hominem attacks on third parties and for not using profanity.

If you do post comments, you grant to us a nonexclusive, royalty free perpetual, irrevocable, right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world and in any media, and to grant sublicenses to third parties. You represent and warrant that you own all rights in the comment that you post and that such comments to do not violate our Terms of Use hereunder. We reserve the right to monitor and remove any comments at any time without notice. We also have the right to delete and ban inappropriate comments at any time for any reason.

8.     Third Party Websites

SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com may contain links to other Internet websites, which are independently owned and maintained (“Third Party Site(s)”). Links to Third Party Sites are provided as citations and aids to help you identify and locate other Internet resources that may be of interest to you. If you click on a link to one of these Third Party Sites, then you will be transferred to another website beyond our control. Our Privacy Policy and Terms of Use will no longer be applicable to any Third Party Sites, and we will not review or have any responsibility for the accuracy, completeness, or any other aspect of the content on those Third Party Sites. We do not intend that links to Third Party Sites be referrals to, or endorsements of, the linked entities or to any information that they make available. We will remove any link from this Website upon request from the Third Party Site.

9.     Intellectual Property

SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com, the content and the design elements of the Website, and any products sold on the Website (“Intellectual Property”) are the sole and exclusive property of Company and its licensors, who retain all right, title, and interest in the trademarks and copyrightable materials on this Website. You may not reproduce, copy, display, distribute, republish, or otherwise use for any commercial purpose any Intellectual Property without the permission of us or our licensors as appropriate, nor may you remove or alter, or cause to be removed or altered, and proprietary notice or legend appearing on any part of the Website or any products sold on the Website. Any code on the pages of the Website is also protected by our copyright or that of our licensors, and you may not use or copy such code.

10.   Intellectual Property Infringement Complaints

We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes intellectual property infringement, then please notify us and advise us of the following:

(a)              the name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest that is alleged to be infringed;

(b)              a description of the work, product, or other intellectual property that you claim has been infringed;

(c)              a description of where the material is located on the Website;

(d)              your address, telephone number, and email address;

(e)              a statement by you affirming your good-faith belief that the disputed use is not authorized by the intellectual property owner or its agent; and

(f)               a statement by you made under penalty of perjury that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf.

11.   Disclaimer of Warranties

The use of SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com and the reliance on any information contained herein shall be at your sole risk. The content of this Website and any products sold from the Website are provided on an “as is” basis and without warranties of any kind. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of worms, Trojan horses, or other destructive code, free of defects, or free of technical problems, or that any information will be accurate or complete. We can make no warranties regarding the accuracy, reliability, or completeness of information or contents of any Third Party Websites linked to this Website. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED OR THAT THE CONTENT ON THE WEBSITE OR IN ANY PRODUCTS WILL BE ACCURATE, RELIABLE, OR COMPLETE. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.

12.   Consequential Damages; Limitation of Liability

You agree that neither Company or SCDLifestyle.com or SCDLifestylebook.com, nor SolvingLeakyGut.com, nor any of our members, managers, officers, employees, independent contractors, representatives and agents will be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of $150. Some states do not allow the limitation of liability, so these limitations may not apply to you.

13.   Indemnification

By using SCDLifestyle.com and SCDLifestylebook.com and SolvingLeakyGut.com , you agree to indemnify, defend, and hold harmless Company, SCDLifestyle.com, SCDLifestylebook.com, SolvingLeakyGut.com and our respective licensors, officers, members, managers, employees, independent contractors, representatives, agents, and customers from any claim arising from a breach of these Terms of Use or from any third party, which results in any way from your use of this Website.

14.   Miscellaneous

Company reserves the right to discontinue operating this Website at any time at its sole discretion, or to make modifications to the operation of the Website at any time at its sole discretion. You agree that Company may assign these Terms of Use without prior notice in the event of a merger, acquisition, or sale of all or part of its business. No waiver of any breach of the Terms or Use, no matter how long continuing or how often represented, will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege be deemed a waiver of such right power, or privilege. If any paragraph in these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph will be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties’ intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and Company with respect to the subject matter set forth herein. You agree that that you will not have any authority to assume or create any obligation for or on behalf of Company or SCDLifestyle.com or SCDLifestylebook.com, whether express or implied, and that you will not have the right to bind either Company or SCDLifestyle.com or SCDLifestylebook.com to any contract. The section headings and subheadings contained in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

15.   Governing Law; Dispute Resolution

These Terms of Use are governed by the laws of the State of Michigan, without regard to its conflicts of law principles. All disputes arising under these Terms of Use shall be submitted first to non-binding mediation in Grand Ledge, Michigan with a mediator mutually agreed upon by you and Company. The costs of the mediation, including administration and mediator’s fees, shall be shared equally by you and Company. If we are unable to resolve our dispute in mediation, then you agree to submit the dispute to binding arbitration in Grand Ledge, Michigan under the Commercial Rules of the American Arbitration Association. The costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by you and Company. Each of us agree to bear our own costs and attorneys’ and witnesses’ fees. The arbitration award shall be final and you agree to comply in good faith and submit yourself to the jurisdiction of the appropriate state or federal courts for the sole purpose of the entry of such arbitrator’s award to render effective such arbitration decision. Notwithstanding the foregoing, judgment on the award by the arbitrator may be entered in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, you agree that the prevailing party will be entitled to costs and reasonable attorneys’ fees.

For the avoidance of doubt, all claims you bring against Company or SCDLifestyle.com or SCDLifestylebook.com must be resolved in accordance with this Paragraph 15. All claims filed or brought against Company or SCDLifestyle.com or SCDLifestylebook.com contrary to this Paragraph 15 shall be considered improperly filed. Should you file a claim contrary to this Paragraph 15, you agree that we may recover attorneys’ fees and costs up to $1,500, provided that we have notified you in writing of the improperly filed claim, and you have failed to properly withdraw the claim.

16.   Contact Information

If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to the access or use of this Website, you may contact us at the contact information listed below:

support@scdlifestyle.com

You may also send a letter to:

SFK LLC PO BOX 10521, Bozeman, Montana 59719