Terms of Use

This website and/or mobile website (the “Site”) is owned and operated by Gutsy Gum, LLC and its affiliates (“Gutsy Gum, LLC,” “we,” “our,” or “us”). BY USING THIS SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. Please review these Terms carefully. By using this Site, you also represent that you are of legal age to form a binding agreement under the applicable laws of the United States or other jurisdictions. The Terms may be revised at any time and without any specific notice to you. The latest and most current version of the Terms will be posted on this Site and available for review at any time. Each time you use the Site, the current version of the Terms will apply. If you do not agree to the Terms, you should not use this Site.

Intellectual Property
The content, information, organization, graphics, designs, video, compilation, and other materials in the Site (the “Content”) contain copyrights, trademarks, service marks, trade dress, trade secrets, publicity rights, moral rights, and other proprietary materials and rights (collectively, the “Intellectual Property”) that are owned by Gutsy Gum, LLC, its licensors, affiliates, or other third parties. The Intellectual Property is protected by state and federal laws and international conventions. Other than as expressly granted in the Terms, no other rights are granted to you, including without limitation any and all of Gutsy Gum, LLC’s Intellectual Property Rights (whether or not perfected or perfectible).

You may view and use the Intellectual Property solely for your own personal, educational, and non‑commercial use. You may not republish, distribute, assign, sublicense, sell, prepare derivative works, or use the Intellectual Property in any other way. No part of the Intellectual Property may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes of sharing information about us. You do not acquire ownership or proprietary rights to any Content, Intellectual Property, or other materials created, viewed, or produced through the Site. All rights in the Intellectual Property are reserved to Gutsy Gum, LLC or its licensors, affiliates, and other owners of the Intellectual Property.

“GUTSY GUM,” “GIGS,” “GUTBURN,” “A FRIEND TO YOUR GUT WITH NATURAL BENEFITS!” and “FOR THAT QUEASY, UNEASY, REFLUXY FEELING!” are trademarks of Gutsy Gum, LLC. Other company names, as well as the names of products and services appearing on the Site may be trademarks of their respective owners.

No Professional Advice or Medical Information
The Content of this Site is for educational purposes only. The Content is not meant to be a substitute for personal medical advice, diagnosis, or treatment. Please see your primary healthcare provider about any personal health concerns.

Some portions of the Site may allow you to submit comments or questions to us. Although we provide information about our products through our Site, we do not provide medical advice or other professional advice through the Site. Never disregard, avoid, or delay in obtaining medical advice from your physician or other medical professional because of something you have read on this Site. You should never use the information you obtain on this site for diagnosis or treatment of any health problem, or as a substitute for any medication or treatment prescribed by your physician or other medical professional.

YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. YOU SHOULD ALWAYS DISCUSS ANY MEDICATIONS OR DIETARY SUPPLEMENTS WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL BEFORE USE. YOU SHOULD CAREFULLY READ ALL THE INFORMATION ON THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT ON THIS SITE.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.

Site Security Rules
The Site and software embedded within the Site may include security components that permit digital materials to be protected. Use of these materials is subject to usage rules set by Gutsy Gum, LLC and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules or security components. Any unauthorized reproduction, publication, distribution, or public exhibition of the materials provided on this Site, in whole or in part, is strictly prohibited.

Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site.

Gutsy Gum, LLC reserves the right to monitor, review, retain, and/or disclose any information resulting from or relating to your use of the Site as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Policy Concerning Children
This Site is not intended for use by children under the age of 18.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY PRODUCTS OFFERED BY GUTSY GUM, LLC ARE AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. GUTSY GUM, LLC 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.

ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY DOCUMENT OR ELECTRONIC FILE IS DISCLAIMED.

WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON THE SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY GUTSY GUM, LLC.

Limitation of Liability
We and our affiliated parties have no liability whatsoever for your use of any information, or your inability for any reason to use the Site. Gutsy Gum, LLC shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, damages for loss of profits, business, use (or inability to use), data, or other intangibles, even if Gutsy Gum, LLC has been advised of the possibility of such damages, resulting from the use or the inability to use the Site or from transactions entered into with Gutsy Gum, LLC through the Site or resulting from unauthorized access to or alteration of transmissions or data. The negation of damages set forth herein is a fundamental element of the bargain between us and you. This Site and the information on the Site would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

Indemnification
You agree to indemnify and hold harmless Gutsy Gum, LLC, its subsidiaries, affiliates, independent contractors, and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys, and representatives from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, your violation of the rights of any third party, or arising out of or relating to any information submitted by you.

User Information and Submissions
Please review our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms.

Gutsy Gum, LLC appreciates hearing from you. By submitting your ideas, suggestions, images, or materials (your “Submission”), you grant Gutsy Gum, LLC a royalty‑free, perpetual, irrevocable, non‑exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display your Submission in any form without any notice or compensation to you.  You also represent and warranty that you are authorized to grant the foregoing license and you indemnify and hold harmless Gutsy Gum, LLC, from and against any claims by any third party alleging infringement of that third party’s rights.

Links to Other Sites
The Site may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in other sites, and other sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked site on our Site does not imply approval or endorsement of the linked site by us. If you leave our Site and access these third‑party sites, you do so at your own risk.

Termination
Gutsy Gum, LLC may terminate, change, suspend, or discontinue any aspect of the Site at any time without notice, for any or no reason, and without liability to you or anyone else. If Gutsy Gum, LLC believes you are in breach of the Terms or applicable law, or for any other reasons, Gutsy Gum, LLC may restrict, suspend, or terminate your access to the Site without notice or liability. The Terms relating to ownership and use of content, indemnification, limitation of liability, disclaimer of warranty, and governing law shall survive any termination.

Remedies
If you breach or threaten to breach any provision of the Terms, Gutsy Gum, LLC shall be entitled to injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Gutsy Gum, LLC from pursuing any action or other remedy for any breach or threatened breach of the Agreement, all of which shall be cumulative.

Infringement Notification
In accordance with the Digital Millennium Copyright Act (DMCA), we accept copyright complaints from content owners or someone officially authorized to act on their behalf. If you have legal questions about the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), please consult your own legal counsel. If you believe that materials on the Site constitute copyright infringement, contact us via email or write to us at: melissa.nowak@cojk.com or Gutsy Gum, LLC, c/o Melissa A. Nowak, Esq.: Copyright Infringement, Christensen O’Connor Johnson Kindness, 1420 Fifth Avenue, Suite 2800, Seattle, WA 98101-2347. If you do not include an electronic signature with your emailed claim, you may be asked to send or fax a follow-up copy with a signature. To file the notification, you must be either the copyright owner of the work or an individual authorized to act on behalf of the copyright owner.

Your DMCA notification must include the following information:

  • Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information, such as a specific URL or other specific identification, for us to locate the materials;
  • Information for us to be able to contact the claimant (e.g., email address, phone number);
  • A statement that the claimant believes that the use of the materials has not been authorized by the copyright owner or an authorized agent; and
  • A statement that the information in the notification is accurate and that the claimant is, or is authorized to act on behalf of, the copyright owner.

When a valid DMCA notification is received, we will respond under this process by taking down the offending content. After taking down content under the DMCA, we will take reasonable steps to contact the provider of the removed content so that a counter notification may be filed. On receiving a valid counter notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Miscellaneous
The Agreement shall be governed by and construed in accordance with the laws of the state of Alaska, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State of Alaska and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site or any of the services offered by Gutsy Gum, LLC through the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to disclaimers, limitations, and exclusions set forth above. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Gutsy Gum, LLC’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gutsy Gum, LLC in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance. This Agreement constitutes your entire agreement with Gutsy Gum, LLC. Gutsy Gum, LLC reserves the right to make changes to the Site, this Agreement and its disclaimers and policies at any time. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.

Contact Us
If you have any questions about these Terms and Conditions of Use, please email margaret@gutsyproducts.com.