IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN DISCLAIMERS OF MEDICAL ADVICE, LIMITATIONS OF LIABILITY, AND A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
Welcome, and thank you for your interest in Pico Health Inc. d/b/a ModernGut ("ModernGut," "Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website at moderngut.com and moderngut.mykajabi.com, online courses, videos, written course materials, free articles and blog posts, Q&A webinars and replays, newsletters, account features, templates, resources, and related online or offline offerings that link to these Terms (collectively, the "Services").
By clicking "I agree," creating an account, purchasing a course, submitting payment, accessing course materials, registering for a webinar, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, and our Privacy Policy, including any applicable consumer health data notice. If you do not agree to these Terms, you may not access or use the Services.
ModernGut provides content concerning gastroenterology, digestive health, and related healthcare topics, including diagnosed conditions such as irritable bowel syndrome, for general informational and educational purposes only. Services may include:
Course videos, written course materials, webinars, webinar replays, templates, and educational resources are hosted through the ModernGut website and/or related course platform. Unless expressly stated otherwise, course materials, webinar materials, webinar replays, and resources are not available for download.
ModernGut may add, remove, modify, suspend, update, replace, reorganize, or discontinue courses, articles, webinars, webinar replays, templates, bonuses, resources, features, or other parts of the Services at any time, subject to applicable law and any specific purchase terms disclosed at checkout.
ModernGut is not a healthcare provider, medical practice, telehealth service, dietetics practice, therapy practice, insurance advisor, benefits advisor, legal advisor, tax advisor, or emergency service. The Services are educational only and are not intended to provide medical diagnosis, treatment, individualized medical advice, nutrition therapy, psychotherapy, reimbursement advice, insurance advice, legal advice, tax advice, or other professional services.
ModernGut does not provide a platform for users to review healthcare providers, verify patient experiences, recommend specific clinicians, or exchange individualized medical advice with other users.
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old, have not previously been suspended or removed from the Services, and will use the Services in compliance with applicable law. If you use the Services on behalf of an entity, organization, or company, you represent that you have authority to bind that entity to these Terms.
The content available through the Services, including courses, videos, written materials, articles, blog posts, webinars, webinar replays, templates, emails, and other educational resources, is provided for general informational and educational purposes only.
The Services are not medical advice, diagnosis, treatment, or a substitute for advice from a qualified healthcare professional. You should consult with a physician, registered dietitian, psychologist, therapist, or other qualified healthcare provider before making decisions regarding your health, diet, supplements, medications, testing, treatment, mental health, or wellness practices.
Your use of the Services does not create a physician-patient, dietitian-patient, therapist-patient, psychologist-patient, health coach-client, or other professional relationship between you and ModernGut, any content contributor, any webinar host, any featured provider, or any person affiliated with ModernGut.
You are solely responsible for your decisions, actions, and omissions based on or relating to the Services. ModernGut does not guarantee any particular health, wellness, digestive, nutritional, psychological, financial, reimbursement, insurance, or other outcome.
Do not disregard, avoid, or delay obtaining medical advice from a qualified healthcare provider because of something you have read, watched, heard, or learned through the Services. If you think you may have a medical emergency, call 911 or seek emergency medical care immediately.
ModernGut does not guarantee that any educational content reflects the most current medical, scientific, nutritional, psychological, insurance, reimbursement, or other developments. Content may be updated, modified, or removed at any time.
ModernGut content may be created, hosted, reviewed, written, or presented by healthcare professionals, including physicians, dietitians, psychologists, or other contributors. Any such participation is for general educational purposes only and does not create a provider-patient relationship between you and that contributor.
The Services may identify, interview, reference, feature, link to, or discuss healthcare providers, clinics, laboratories, medications, supplements, products, applications, services, or other third parties. Unless expressly stated, ModernGut does not endorse, recommend, guarantee, or make representations about any third-party provider, clinic, product, service, laboratory, medication, supplement, app, website, or resource.
You are solely responsible for evaluating any third-party provider, product, service, or resource and for consulting your own qualified professionals before making health-related decisions.
To access purchased courses and certain features of the Services, you must create an account. When you create an account, you agree to provide accurate, current, and complete information and to keep that information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not share, transfer, sell, lend, sublicense, or otherwise provide access to your account or purchased course materials to any other person. If you believe your account is no longer secure, you must promptly notify us at [email protected].
Access to courses and certain Services requires payment of fees. Users purchase individual courses for a one-time flat fee unless otherwise stated at checkout. ModernGut does not currently offer auto-renewing subscriptions.
Payments are processed by third-party payment processors, including Kajabi Payments, Kajabi's native payment processor built in partnership with Stripe, or another payment processor disclosed at checkout. By submitting payment information, you authorize ModernGut and its third-party payment processors to charge your selected payment method for the applicable purchase, taxes, and other charges disclosed at checkout.
Your payment transaction may be subject to the applicable third-party payment processor's terms of service, privacy policy, and other agreements. You may be required to enter into a direct relationship or separate agreement with the payment processor to complete your transaction. Those processor terms and policies are not controlled by ModernGut and are incorporated into your payment transaction to the extent required by the processor.
ModernGut does not directly collect or store full payment card numbers. ModernGut may receive limited payment-related information, such as customer name, email address, billing details, card brand, last four digits of the payment card, transaction amounts, and purchase history. ModernGut is not responsible for the acts, omissions, terms, policies, security, or services of third-party payment processors, except to the extent required by applicable law.
Unless otherwise stated at checkout, purchased course access remains available for one year from the date of purchase. After the access period expires, you may be required to purchase the course again to regain access.
Unless otherwise stated at checkout, users may request a full refund within 30 days of purchase. Refund requests must be submitted to [email protected] or through any refund process provided by ModernGut. After the 30-day refund period expires, fees are non-refundable to the fullest extent permitted by law.
ModernGut may deny refunds, suspend access, or terminate accounts where it reasonably believes a user has violated these Terms, misused refund rights, shared account access, copied or recorded materials, engaged in fraud, initiated improper chargebacks, or otherwise abused the Services.
If you believe a charge was made in error, please contact ModernGut at [email protected] before initiating a chargeback or payment dispute. ModernGut may suspend access to the Services while a payment dispute, chargeback, suspected fraud, or payment failure is pending.
ModernGut does not currently offer auto-renewing subscriptions. If ModernGut later offers subscriptions, memberships, or other recurring-payment products, the applicable payment, renewal, cancellation, and refund terms will be disclosed before purchase.
ModernGut may offer time-limited Q&A webinars to eligible users who purchase a course by a specified deadline. Q&A webinars may be available live and as replays for eligible users. Unless expressly stated otherwise, webinars and webinar replays are not available for download.
Users may be permitted to submit written questions before or during a webinar. Questions may be submitted privately to ModernGut or to a moderator. ModernGut may screen, review, edit, combine, summarize, rephrase, anonymize, decline, or disregard questions in its sole discretion. Submission of a question does not guarantee that the question will be answered.
By submitting a question, you grant ModernGut permission to review, moderate, edit, paraphrase, anonymize, combine, and address the question during a webinar, replay, article, FAQ, course update, or other educational content, without compensation to you.
Q&A webinars are intended to provide categorical and general educational information only. Webinar hosts and contributors will not provide individualized medical advice, diagnosis, treatment recommendations, or personalized guidance.
You should not submit personal health information, medical history, diagnoses, symptoms, lab results, medications, supplements, treatment history, or other sensitive health information in webinar questions or other communications. Questions that contain personal health information may be declined, deleted, ignored, or not answered.
No provider-patient relationship is created by your attendance at a webinar, submission of a question, receipt of a response, or viewing of a webinar replay.
The Services may include templates, example language, educational resources, or information relating to insurance, reimbursement, health savings accounts, flexible spending accounts, letters of medical necessity, or similar topics. These materials are provided for general informational and educational purposes only.
ModernGut does not provide legal, tax, insurance, reimbursement, benefits, or medical-necessity advice. ModernGut does not guarantee insurance coverage, reimbursement, payment, tax treatment, medical necessity determinations, coding determinations, or acceptance by any insurer, health plan, administrator, employer, provider, governmental program, or other third party.
You are responsible for consulting your own qualified healthcare provider, insurer, plan administrator, tax advisor, legal advisor, or other appropriate professional before submitting or relying on any template or reimbursement-related material.
Certain features of the Services may allow you to submit information, questions, support requests, survey responses, testimonials, feedback, or other content ("User Content"). You retain any rights you have in your User Content.
By submitting User Content to ModernGut, you grant ModernGut a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, display, perform, adapt, modify for formatting, use, and distribute your User Content as reasonably necessary to operate, provide, maintain, secure, and protect the Services, except where a narrower consent is required by applicable law.
You represent and warrant that you have all rights necessary to submit your User Content and that your User Content does not violate any law, infringe any third-party rights, or contain unlawful, defamatory, misleading, harmful, or otherwise objectionable material.
ModernGut does not currently provide user forums, public course comments, private user messaging, or on-platform community features. If ModernGut later adds those features, additional terms may apply.
ModernGut may, but has no obligation to, monitor, remove, edit, or block User Content that violates these Terms or that ModernGut otherwise finds objectionable.
ModernGut may collect and publish testimonials about users' experiences with ModernGut. Testimonials may include a user's first name, last initial, city and state, and description of the user's experience with ModernGut, subject to any separate consent or release required by applicable law.
If you provide a testimonial, you authorize ModernGut, subject to any legally required consent, to use, reproduce, edit for length or clarity, publish, display, distribute, and create derivative works from the testimonial, along with approved identifying information, in marketing, advertising, promotional, educational, and business materials, in any media now known or later developed.
Testimonials must be truthful and must reflect the user's honest experience. ModernGut may decline, edit, or remove testimonials that include personal health information, disease-treatment claims, before-and-after claims, misleading statements, unsubstantiated claims, or content that ModernGut determines is inappropriate. Testimonials should not imply that a result is typical unless ModernGut has substantiation for that claim.
ModernGut does not currently allow users to post reviews of courses or services on the ModernGut platform, and users may not review or discuss healthcare providers, clinics, products, labs, or other third parties through the ModernGut platform.
ModernGut may maintain public social media channels where members of the public can comment on posts. Social media interactions are governed by the applicable social media platform's terms and privacy policies. Do not submit personal health information in social media comments or direct messages.
ModernGut may provide discount codes to healthcare practices or other third parties for distribution to their patients, members, or communities. ModernGut does not pay affiliate commissions, referral fees, revenue share, or other compensation to third parties who share discount codes for ModernGut courses. A discount code, promotional reference, or third-party reference does not create a provider-patient relationship and does not constitute medical advice.
The Services may depend on third-party website, course-hosting, video-hosting, payment, email, contact-management, social-media messaging, analytics, cloud-hosting, security, error-monitoring, and other service providers. ModernGut is not responsible for interruptions, delays, errors, data loss, unavailability, security incidents, or service failures caused by third-party providers, internet failures, platform outages, force majeure events, or events beyond ModernGut's reasonable control, except to the extent required by applicable law.
The Services may contain links to third-party websites, platforms, services, products, payment processors, course-hosting platforms, analytics providers, email platforms, social media platforms, or other third-party resources. ModernGut does not control and is not responsible for third-party services, content, policies, practices, or security. Your use of third-party services is subject to the applicable third party's terms and policies.
The Services, including all courses, videos, text, graphics, designs, compilations, software, worksheets, articles, blog posts, webinar recordings, educational materials, templates, prompts, outputs, transcripts, logos, trademarks, service marks, and other content made available by ModernGut, are owned by ModernGut or its licensors and are protected by intellectual property and other laws.
Subject to your compliance with these Terms and payment of any applicable fees, ModernGut grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial educational use during the applicable access period.
You may not copy, reproduce, record, download, distribute, publicly display, publicly perform, modify, create derivative works from, sell, resell, license, share, publish, upload, transmit, scrape, download in bulk, or otherwise exploit any part of the Services except as expressly permitted by ModernGut in writing.
You may not use the Services or any ModernGut content, data, course materials, webinar materials, articles, videos, written materials, transcripts, prompts, outputs, compilations, or other materials to develop, train, test, validate, improve, or commercialize any artificial intelligence model, machine learning system, large language model, dataset, algorithm, software product, competing educational product, derivative content library, or similar technology or product without ModernGut's prior written consent.
You acknowledge that unauthorized use, copying, recording, distribution, scraping, account sharing, commercial exploitation, or misuse of the Services or ModernGut content may cause irreparable harm for which monetary damages would be inadequate. ModernGut may seek injunctive or equitable relief, in addition to any other remedies available, to prevent or stop any actual or threatened violation of its intellectual property rights, access restrictions, confidentiality rights, or proprietary rights.
You agree not to:
ModernGut may modify, suspend, or discontinue all or part of the Services at any time, with or without notice. ModernGut may also update these Terms from time to time. If we make material changes, we will provide notice as required by applicable law. Your continued use of the Services after updated Terms become effective constitutes your acceptance of the updated Terms.
You may stop using the Services at any time. You may request account deletion by contacting [email protected].
ModernGut may suspend, revoke, or terminate your access to the Services at any time if you violate these Terms, create risk or possible legal exposure for ModernGut, fail to pay amounts owed, initiate an improper chargeback, share account access, copy or record materials, misuse refund rights, engage in fraud or abuse, or otherwise use the Services in a manner that ModernGut determines is harmful, unlawful, or inappropriate.
Upon termination, your right to access and use the Services will cease. Sections concerning intellectual property, user content, disclaimers, limitation of liability, indemnity, dispute resolution, and other provisions that by their nature should survive will survive termination.
You are responsible for your use of the Services. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ModernGut, Pico Health Inc., and their officers, directors, employees, contractors, consultants, affiliates, agents, licensors, contributors, webinar hosts, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:
ModernGut reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate with that defense.
THE SERVICES AND ALL CONTENT, MATERIALS, PRODUCTS, WEBINARS, REPLAYS, ARTICLES, TEMPLATES, RESOURCES, AND INFORMATION AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, MODERNGUT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE.
MODERNGUT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, CURRENT, COMPLETE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERNGUT DOES NOT WARRANT THAT ANY HEALTH, WELLNESS, EDUCATIONAL, FINANCIAL, INSURANCE, REIMBURSEMENT, TAX, LEGAL, OR OTHER OUTCOME WILL RESULT FROM USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, MODERNGUT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS, LICENSORS, CONTRIBUTORS, WEBINAR HOSTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, HEALTH-RELATED OUTCOMES, DENIED REIMBURSEMENT, DENIED INSURANCE COVERAGE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MODERNGUT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MODERNGUT FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) $100.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MODERNGUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to the dispute-resolution section below, you and ModernGut agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for any dispute arising out of or relating to these Terms or the Services.
Please read this section carefully. It affects your legal rights.
Before initiating arbitration or another permitted proceeding, a party must first send written notice of the dispute to the other party and attempt in good faith to resolve the dispute informally. Notices to ModernGut should be sent to:
The notice must describe the nature and basis of the dispute and the relief sought. If the parties do not resolve the dispute within 30 days after notice is received, either party may proceed as permitted below.
Except for the exceptions below, you and ModernGut agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with ModernGut will be resolved by binding individual arbitration rather than in court.
Nothing in this section prevents either party from:
Any arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules or other applicable AAA rules, as modified by these Terms. The arbitration will be conducted in Los Angeles County, California, remotely, or in another location required by applicable rules or law.
YOU AND MODERNGUT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, EXCEPT WHERE THIS WAIVER IS PROHIBITED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MODERNGUT WAIVE ANY RIGHT TO A JURY TRIAL.
You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days after you first accept these Terms. Your notice must include your name, email address, mailing address, and a clear statement that you wish to opt out of arbitration.
If any part of this arbitration section is found unenforceable, the unenforceable portion will be severed, and the remainder will remain in effect, except that if the class action waiver is found unenforceable as to a claim, that claim must proceed in court and not arbitration.
By using the Services, you consent to receive electronic communications from ModernGut, including notices, agreements, disclosures, administrative messages, account communications, and other information. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and ModernGut regarding the Services.
You may not assign or transfer these Terms without ModernGut's prior written consent. ModernGut may assign these Terms without notice or consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
ModernGut's failure to enforce any provision of these Terms does not constitute a waiver of that provision.
The Services are offered by:
Pico Health Inc. d/b/a ModernGut
1301 N Broadway STE 32039
Los Angeles, CA 90012