The Gut Health Incubator

Terms and Conditions – Dr. Kim Bretz ND

Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time without notice to you. By purchasing or using any of our Programs, Products, and Services or Program Materials, now or in the future, you are agreeing immediately upon said purchase to the Terms of Use as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services or Program Materials.

***Purchases on this site are for use by a SINGLE practitioner/client. If you are purchasing for more than one practitioner/client, you need to contact us for pricing and explicit permission for use. 

How You May Use Our Programs, Products and Services and Program Materials

You consent to use our Programs, Products and Services and Program Materials as described in the following paragraphs, which collectively are referred to as the “Terms of Use”.

By purchasing or using any of our Programs, Products and Services and Program Materials, you agree to abide by these Terms of Use and the Contract you have signed, and you acknowledge and agree that you are required to act in accordance with them. Accessing, purchasing, or using our Programs, Products and Services and Program Materials, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use.

Acceptance

This website (the “Site”) and all written and other materials made available through the Site and/or via the Site, including, without limitation, any programs, photographs, images, illustrations, audio clips, video clips, e-books, and information via email, social media, audio, teleconference, webinars, and courses (collectively, the “Material”) is owned and operated by Dr. Kim Bretz, ND (the “Owner”, “we”, “us”). By accessing and using the Site you are indicating your acceptance to be bound by the Terms of Use, the Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site.

The Owner reserves the right to change these Terms of Use 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 Use on this Site. By continuing to use the Site after such changes have been posted, you accept the Terms of Use, as modified.

Intellectual Property Rights

Our Limited License to You (and only you – unless explicitly agreed upon in writing). 

Our Programs, Products and Services, and Program Materials are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Programs, Products and Services, and Program Materials in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs. 

The content in our Programs, Products and Services, and Program Materials is solely owned by or licensed to us, unless expressly indicated otherwise. This content includes, but is not limited to the design, layout, look, appearance, graphics of our Programs, Products and Services, and Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Program Materials through our Programs, Products and Services, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Programs, Products and Services, or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Program, Products and Services and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from us, you are purchasing the limited right to use the Program Materials with certain conditions as specified in these Terms of Use.

You are permitted to use our Programs, Products and Services, and Program Materials in the following manner:

You may not use the Site or the Material available on the Site in a manner that constitutes an infringement of the Owner’s rights or that has not been authorized by the Owner. More specifically, unless explicitly authorized in these Terms of Use or by the Owner, you may download, store and/or provide single copies of the Material for use with your own personal patients/clients provided that you maintain all copyright and other proprietary notices.  Unless explicitly authorized in these Terms of Use or by the Owner, you may not modify, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Materials as your own creation. You may not share or sell the resources to other practitioners. It is a single practitioner use product.  To clarify, while you can use the resources in your office with your patients, you are not permitted to share, sell, reprint, or republish any other of our Program Materials including handouts, as your own, unless you ask us in writing if you may do so, and we have given you written permission to do so. 

All rights not expressly granted in these paragraphs in these Terms of Use or in any written licence, are reserved by us.

Information You Must Not Share with Others.

As a Licensee, you understand and acknowledge that our Programs, Products and Services and Program Materials have been created, developed, or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special, and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.

Disclaimers

The Site is provided “as is”. While the Owner endeavors to provide information that is correct, accurate, current and timely, the Owner makes no representations, warranties or covenants, express or implied, regarding the Site including, without limitation, no representation, warranty or covenant that (i) the Material will be accurate, complete, current, reliable, timely or suitable for any particular purpose; (ii) that the operation of the Site will be uninterrupted or error-free;

(iii) that defects or errors on the Site or in the Material will be corrected; and (iv) that the Site will be free from viruses or harmful components. The use of any information provided on/from this Site is solely at your own risk.

Medical Disclaimer

If you have any concerns or questions about your health, always seek the advice of a doctor or other qualified health care professional. Do not disregard, avoid, or delay in seeking medical advice or treatment from your health care professional because of something you have read on this Site or in the Material. Always consult with your doctor or other qualified health care professional before embarking on a new treatment, or regarding any nutritional or herbal supplements to evaluate if they could adversely affect or react with any medications or pre-existing conditions. Do not use this Site or the Material for medical emergencies. If you think you have a medical emergency, consult with a doctor or other qualified healthcare professional immediately. Under no circumstances should you attempt to self-diagnose or treat based on anything you have seen or read in the Material.

You acknowledge and agree that the presentation of information on the Site or in the Material does not establish a doctor-patient relationship between you and the Owner. You further acknowledge that entry into any program made available via the Site does not establish a doctor-patient relationship between you and the Owner.

No Endorsements

Unless specifically stated, the Owner does not recommend nor endorse any specific tests, health care professional, products, procedures, opinions, or other information that appears or may be advertised on the Site. Reliance upon the information provided on the Site is solely at your own risk.

Linking 

The Site may contain links to third-party websites and/or information. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party website or the content thereof. Unless expressly stated, the Owner does not operate any third-party website linked to the Site and is not responsible for the content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites; (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

Interactive Features

The Site may include a variety of features, such as chat rooms, bulletin boards, web logs, social media services and email services, which allow feedback to us, real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services, or connected to Material from the Site, lies solely with each user and the Owner accepts no responsibility for same. The Owner does not control the messages, information, or files that you or others may provide through the Site and accepts no liability for same.

The Owner may host message boards, chats, and other public forums on or made available through the Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats, or other public forums in the future. The Owner or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Under no circumstances will the Owner be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the Owner or any of its subsidiaries or affiliates. The Owner has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on or made available through the Site. However, you acknowledge and agree that the Owner has the absolute right to monitor the same at our sole discretion. In addition, the Owner reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third-party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Program Information

All information relating to programs (“Program(s)”) made available by the Owner is set out on the Site. You acknowledge and agree that Program information is subject to change by the Owner without notice.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your year of birth, postal/zip code and country. In addition, if you elect to sign-up for a particular feature of the Site you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

No Guarantee of Success

In purchasing or subscribing to any aspect of the Site, the Owner does not give any assurance or warranty as to any particular results or success relating to the information contained in the Material.

Limitation of Liability

In no event shall the Owner, its officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for any negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy or otherwise. The foregoing limitation shall apply even if the Owner knew or ought to have known of the possibility of such damages.

The Owner also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Site or Material, or any advertiser or sponsor of the Site. Under no circumstances shall the Owner, its officers, directors, employees, associates, agents, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party; and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any website linked to or from the Material, regardless of the cause and whether arising in contract, tort, or otherwise. The foregoing limitation shall apply even if the Owner knew or ought to have known of the possibility of such damages.

Security/Confidentiality

You acknowledge that any information sent or received over the Internet is generally not secure. You acknowledge and agree that the Owner cannot guarantee the security or confidentiality of any communication with you in regards to the Material or a Program.

No Refunds

Your satisfaction with your Programs, Products and Services and Program Materials is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Programs, Products and Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products and Services and Program Materials, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products and Services and Program Materials, you understand and agree that all sales are final upon signing the contract, and that our fee is fully payable at that time, and no refunds will be provided.

Termination

The Owner may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to the Material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Governing Law and Jurisdiction

You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of Ontario and Canada with respect to all matters relating to your access and use of the Site as well as any dispute that may arise therefrom and that the applicable law shall be the law of the Province of Ontario.

Waiver

Any consent by the Owner to, or waiver of, a breach of this Agreement, which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different, or subsequent breach.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.