Mind Your Gut™ Terms & Agreements
Terms and Agreements
This Mind Your Gut Course is owned by MONICA BOYLE-MCCLELLAND (“Company”).
By accessing, using and browsing the Mind Your Gut Course, you accept, without limitation or qualification, this Terms of Use Policy each time you use the Course.
This Terms of Use Policy requires the use of arbitration on an individual basis to resolve disputes instead of a jury trial, which limits the remedies available to you in the event of a dispute. By using our Course, you understand that you are waiving certain legal rights and are voluntarily agreeing to do so.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE COURSE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE AND/OR COURSE IMMEDIATELY AND DO NOT BUY, ACCESS AND/OR BROWSE IT FURTHER.
“Company”, “We”, “Our”, “US”, “me” or “I” means MONICA BOYLE-MCCLELLAND.
“Content” means any and all written, visual, video, or audio information contained in the Course or provided as a link to our Content on other platforms/sites, including, but not limited to, blog posts, Facebook groups, graphics, newsletters, designs, documents, information, templates, coaching guides, e-books, forms, webinars and other instructional videos, photographs and exercise/wellness instructions/programs regardless of whether they are in a viewable, downloadable or access to a streaming form.
“Customer” means any individual who has purchased Content from us.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.
This website (“Site”) means www.MIND-YOUR-GUT.com or https://mindyourgut.thrivecart.com.
“Visitor” or “User” means any individual who accesses any Content on the Course, whether the Content is free or paid.
“You” or “Your” means a Visitor, User, or Customer, and/or You on Behalf of Your Minor Child.
Our Services. Company offers self-paced wellness courses or virtual wellness coaching from the state of New Mexico. Mind Your Gut course is a virtual self-paced course offered through Thrivecart teaching people with digestive problems and anxiety how to heal intuitively.
Your Use of Our Course and Site. Your use of our Site and Course are solely for personal, noncommercial purposes, unless otherwise provided in this Agreement. Your User access is not transferable or assignable and is intended solely for Users who are at least age 18 years of age or older, and who are in the United States. By using our Website and/or Program, you represent and warrant that you are 18 years or older, and are in the United States. Any use of or access to our Site or Course by anyone under 18, is unauthorized, unlicensed and in violation of these Terms of Use.
Our Relationship to You (Medical Disclaimer). The Content on our Site and this Course are intended for educational and general informational purposes only. Our Site, Course, and Content are not intended to provide individualized medical or rehabilitation advice. Your use of our Site, Course, and Content does not constitute a patient-provider relationship. By using our Site, Course, and Content, you agree that you do not have any medical conditions that might put you at risk if you implement any of the suggestions or exercises in our Content. If you have any medical conditions, you agree to obtain medical clearance from your personal physician, physical therapist, or other appropriate health care provider before implementing any suggestions or exercises provided in our Content. You further understand that the information provided on our Site, Course, and in our Content is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, or dysfunctions that may occur. Any use of our Content, including but not limited to exercise or eating suggestions or instructions, is at your own risk. Always seek the advice of your own physician or therapist regarding any questions or concerns you have about your specific health problems before implementing any information or suggestions on our Site or in our Content. Do not disregard medical advice or delay seeking medical advice because of information you have accessed on our Site or in our Content. Do not start or stop taking any medications without speaking to your own physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. All information on the Site or Course is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or Course. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE OR COURSE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE OR COURSE IS SOLELY AT YOUR OWN RISK.
Pregnancy. By using this course you acknowledge the risks involved in the exercises taught and pregnancy. The Mind Your Gut Course is NOT meant for pregnant people. If you are pregnant or unknowingly pregnant you assume all risk and liability of loss or damage.
Not Telemedicine, Medical or Physical/Mental Health Therapy Advice Disclaimer. This educational offering includes recorded exercise/wellness/meditation sessions. These sessions are not intended to be telemedicine or telehealth sessions and are not intended to provide medical, physical therapy or mental health advice. All recorded sessions, are intended to be general, not prescriptive exercises, and not for any therapeutic purpose. If we demonstrate exercises or answer questions by participants in private consultations, it is not considered occupational therapy, physical therapy or medical advice and does not establish a therapist-patient relationship with you. Any responses we provide to specific questions are intended to be hypothetical and educational only.
Prohibited Uses. You are prohibited from using the Site, Course, and its Content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website; or (l) for any purpose other than to participate in general wellness or physical activity sessions and group discussions.
Intellectual Property Rights. You agree that the Course and educational content, videos, training materials, products, services and/or other materials made available on www.mind-your-gut.com or https://mindyourgut.thrivecart.com by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide, if any. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited, revocable license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified or used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
Your License to Us. If you post or submit to us any creative ideas, inventions or suggestions for our Content or services, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. This does not apply to personal information otherwise subject to any confidentiality requirements under law or this Agreement.
Testimonials. You also acknowledge that all customer testimonials found on our Site and other media are strictly the opinion of that person and any results such person may have achieved are solely individual in nature and your results may vary. Any and all current or past-client testimonials, statements, or examples used by us or posted by individuals on our Site and other media are not guarantees that you will also experience or receive the same results. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice.
Third-Party Links. Third-party links on our Website and Course, whether posted by us or other Users, may direct you to third-party websites that are not affiliated with us. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. Any suggested websites or links provided are not an endorsement, sponsorship or approval of that website or its content, unless specified by the Company. There may be suggested websites and provided links that the Company is affiliated with and will receive a commission if you purchase a product using the link provided. Affiliations will always be disclosed. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Consent to Receive Communications. When you purchase this Course or register as a visitor on our Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email and by phone or text message. You may opt-out of receiving such communications by clicking the “Unsubscribe” button on the communication or by contacting us at the address in the “Contact Us” section below.
Your Personal Information. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site AND/OR Course. Use of the Site AND/OR Course is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site and Course, you signify your acceptance of the Company’s Privacy Policy, and Cookie Policy. If you do not agree with this Privacy Policy or Cookie Policy, in whole or part, please do not use this Site.
WARRANTIES DISCLAIMER. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR COURSE AND/OR ANY CONTENT ON THE SITE AND COURSE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE AND/OR COURSE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE AND/OR COURSE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT/MATERIALS IN THE SITE AND/OR COURSE, THE RESULTS OF THE USE OF SUCH CONTENT/MATERIALS, THE SUITABILITY OF SUCH CONTENT/MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE CONTENT/MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE CONTENT/MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER, INCLUDING, FOR EXAMPLE, YOUR WEB SERVICE PROVIDER SERVICE, PAYMENT PROCESSING SERVICES, YOUR SOFTWARE AND/OR ANY UPDATES OR UPGRADES TO THAT SOFTWARE. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
Release of Liability and Indemnification. You agree to indemnify and hold the Company and its directors, officers, employees, agents and assigns harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site and/or Course, (iv) your use of the Site and/or Course or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any
claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
Waiver of Right to Pursue Class Action Claims. You agree to only resolve disputes with us on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Governing Law. These Terms of Use shall be governed by the laws of the state of New Mexico, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Dispute Resolution and Arbitration
If a dispute arises between us, you agree to submit to binding arbitration before a single arbitrator, selected jointly in accordance with the American Arbitration Association Rules. Before seeking arbitration, however, you agree to submit your concerns to us in writing by certified mail, return receipt requested, at the address in the Contact Us section below at least sixty (60) days prior to requesting arbitration so we can try to resolve your issue without resorting to arbitration. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having jurisdiction. By agreeing to these Terms of Use through the use of our Site and/or Course, you are agreeing to a modification of the applicable statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of and submitted to us through certified mail or it shall otherwise be forfeited forever. You also agree that arbitration shall be held in Taos, New Mexico.
Third Party Beneficiaries. The provisions of these Terms of Use are for the benefit of the Company, its affiliates and its third-party content providers and
licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Please direct all questions or concerns to hello@mindyourgutcoach.com

Some (but not all) of the exercises taught may stimulate uterine contractions.