Terms Of Use
Updated October 30th, 2021

IMPORTANT! These Terms of Use govern your use of www.GoutFX.com (the “Site”), which is provided by Pure Body Media, LLC, its subsidiaries, affiliates and partners (“GoutFX”). By accessing the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy, available at www.goutfx.com/privacy-policy/, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Site.

We may, at any time, revise or modify these Terms of Use or impose new conditions for use of the Site. Such changes shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Site. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes.

Scope of Use

GoutFX grants you a limited license to access and make personal, non-commercial use of the Site only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on a Site, including, without limitation, text, design, graphics, logos, icons, and images (the “Content”), for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the Content. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of GoutFX. You understand that we may discontinue, change, or restrict your use of the Site for any reason without notice to you.

The Site is for use by individuals who are at least 18 years of age. If you are under eighteen years of age, you are not permitted to access the Site for any reason.

Refund Policy

GoutFX stands behind the quality of its products. All GoutFX's products are guaranteed for up to 90 days and a refund of the product purchase price will be granted upon request. GoutFX's full refund policy is located at https://www.goutfx.com/refund-policy and herein incorporated by reference into these Terms of Use.

Risk of Loss

The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper.

Product Descriptions

GoutFX makes every attempt to provide you with accurate information, but we do not warrant or guarantee that product descriptions, colors or other contents of the Site are accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it to GoutFX in unused condition for a refund, as set forth in the GoutFX Refund Policy.

Feedback

GoutFX does not want and will not accept unsolicited ideas or inventions.

If you submit reviews, comments, suggestions, ideas, notes, drawings, concepts, recipes or other information to GoutFX through a Site or in response to solicitations on a Site (“Feedback”), you automatically assign to GoutFX all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of GoutFX, and you agree that GoutFX is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Site. GoutFX will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that GoutFX has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that GoutFX is only willing to accept your Feedback on these terms.

Intellectual Property

The trademarks, logos, service marks, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) displayed on the Site are Trademarks and trade dress of GoutFX. In addition, the Site and the Content are owned by and are the copyrighted materials of GoutFX. Except for your personal, non-commercial use as authorized above, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or Content, without the express written permission of GoutFX.

Unauthorized use of any Trademark or Content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.

If you believe that your work has been used in any what that constitutes copyright or other rights infringement, please provide GoutFX with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512. Please send any such notice of claims of copyright infringement on or regarding this Site to GoutFX at support@goutfx.com.

Privacy Policy

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Links to Third-Party Websites.

The Site may contain links to third-party websites. These links are provided for your convenience only. GoutFX has no control over third-party websites and cannot be responsible for the content of such websites or the privacy practices of third-parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.

Linking to the Site

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site may not be framed on any other website, nor may you create a link to any part of a Site other than the homepage. You agree to cooperate with GoutFX in causing any unauthorized framing or linking immediately to cease. GoutFX reserves the right to withdraw linking permission without notice.

Disclaimer of Medical Liability

GoutFX does not provide medical advice. The Content on the Site is for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment of any kind. Unless otherwise stated, statements about products and health conditions have not been evaluated by the U.S. Food & Drug Administration. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. ALWAYS SPEAK WITH A PRACTITIONER BEFORE MAKING ANY CHANGES TO YOUR DIET OR NUTRITION. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site. If you think you may have a medical emergency, call your physician or emergency number (“911”) immediately. GoutFX does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by GoutFX or our employees, other people appearing on the Site at the invitation of GoutFX, or other visitors to the Site is solely at your own risk.

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND GOUTFX HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER GOUTFX NOR ANY PERSON ASSOCIATED WITH GOUTFX MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER GOUTFX NOR ANYONE ASSOCIATED WITH GOUTFX REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL GOUTFX BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES AND THE CONTENT IS AT YOUR SOLE RISK.

Indemnification

You agree to defend, indemnify and hold harmless GoutFX and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Content other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations

GoutFX reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

Waiver and Severability

No waiver of these Terms of Use by GoutFX shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of GoutFX to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and GoutFX with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Contact Information

If you have questions or comments about these Terms of Use or the Site, please write, phone or email us via the contact information provided at our contact page.
Disclaimer: The products and statements made about specific products on this web site have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease. All information provided on this web site or any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional.

Testimonial Disclaimer: Every testimonial on this website is from a real GoutFX.com client who used our products. No one was paid for a testimonial or endorsement. Individual results may vary, and these testimonials are not claimed to represent typical results. although testimonials are from real people, they may not reflect the typical person’s experience, and are not intended to represent a policy that anyone will achieve the same or similar results. Every person has unique experiences, health habits, eating habits, and applies the information in a different way.

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