Terms of Use

Gastro Girl, Inc. and its affiliates (“Gastro Girl”) operate this website, other  health, wellness, diet and fitness websites that are part of the Gastro Girl portfolio of  websites (collectively, the “Sites”) and the services related to or offered on the Sites  (hereinafter, the “Services”), and related applications. Gastro Girl’s Services may include,  without limitation, tools, applications, social media and podcast platforms, email services,  bulletin and message boards, chat areas, news groups, forums, communities, calendars,  and downloadable mobile applications related to the Sites or provided through the Sites.  The Sites and Services are funded, and Gastro Girl earns income, from advertising,  sponsored content, affiliate program commissions, and lead generation, among other  sources. These Terms of Use (“TOU”) govern your use of any of the Sites and Services that  are provided by Gastro Girl. Please read this agreement carefully before accessing or using  any of the Sites or Services. Each time you access or use the Sites or Services, you agree to  be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not  access or use the Sites or Services. In addition, certain areas of the Sites or Services may  be subject to additional terms of use that we make available for your review. By using such  areas, or any part thereof, you are expressly indicating that you have read and agree to be  bound by the additional terms of use applicable to such areas. In the event that any of the  additional terms of use governing such area conflict with these TOU, the additional terms  will control. 

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION  WAIVER.

The Sites and Services offer health, fitness and nutrition related information, but are  designed for non-commercial, informational purposes only.

YOU SHOULD NOT RELY  ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,  PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU  HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE  CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT  WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT  DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED  ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF  SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE  SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR  THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

Nothing stated or  posted on the Sites or available through any Service is intended to be, and must not be  taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation,  psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness  counseling or providing health care treatment, instructions, diagnosis, prognosis or advice.  Developments in medical research may impact the health, fitness and nutritional topics  discussed on the Sites or through the Services and no assurance can be given that the  information contained in the Sites or the Services will always include the most recent  findings or developments with respect to the particular material. Your access or use of the  Sites and the Services does not create in any way a physician/patient, confidential, or  privileged relationship, or any other relationship that would give rise to any duties on our  part or the part of our Licensors. We do not recommend or endorse any specific tests,  physicians, clinics, procedures, opinions, products or other information that may appear  on the Sites or Services. If you rely on any of the information provided by this Site or the  Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.

You agree to abide by all applicable local, state, national, and international laws and  regulations, including U.S. export and re-export control and economic sanction laws and  regulations, with respect to your use of the Sites and Services. You also acknowledge and  agree that your use of the Internet and access to the Sites is solely at your own risk. You  should also understand that the confidentiality of any communication or material  transmitted to/from a Site over the Internet or other form of global communication network  cannot be guaranteed. Accordingly, Gastro Girl is not responsible for the security of any  information transmitted to or from the Sites. Gastro Girl reserves the right to prohibit or  terminate use of or access to the Sites at any time, without notice, for any reason whatsoever. 

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non transferable license to use the Sites conditioned on your continued compliance with these  TOU. You may print and download materials and information from the Sites solely for your  personal use, provided that all hard copies contain all copyright and other applicable  notices contained in such materials and information.

The Sites and the Services are not intended for children under the age of 18 (or applicable  age in your country), and children under 18 (or applicable age in your country) should not  use the Sites or the Services. You acknowledge and agree that the Sites and Services  contain proprietary and confidential information that is protected by applicable intellectual  property and other laws and are the sole property of Gastro Girl, its Licensors, or our  content providers. Unless otherwise specified in writing, the Services are for your personal  and non-commercial use. In connection with your use of the Sites and/or the Services, you  acknowledge and agree that you will not: 

1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source  code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, or  services obtained through the Sites or the Services;
2. Use any robot, spider, site search and/or retrieval application, or other devices to  crawl, scrape, database scrape, screen scrape, harvest, gather, extract, retrieve or  index any portion of the Services; 
3. Use any text, code, image, audio, or other content from any portion of the Services  (a) for data set creation, analysis, or manipulation (including activities sometimes  called “data mining,” “text and data mining,” or “TDM”) and/or (b) in connection with  the development or operation of any software program, including but not limited to  any artificial intelligence or machine learning model, software, or process (such as  training, fine-tuning, embedding, and the like), either directly or indirectly, including through a third-party (including use of a third-party dataset created in any part by  prohibited means);
4. Access the Sites or Services by any means other than through the standard  industry-accepted or Gastro Girl-provided interfaces;
5. Post or transmit any material that contains a virus or corrupted data;
6. Delete any author attributions, legal notices or proprietary designations or labels;
7. Violate any applicable local, state, national or international law, rule or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TOU;
8. Manipulate or otherwise display the Sites and/or the Services by using framing or  similar navigational technology;
9. Register, subscribe or unsubscribe any party for any Gastro Girl product or service if  you are not expressly authorized by such party to do so;
10. Use the Sites or the Services in any manner that could damage, disable, overburden  or impair Gastro Girl’s servers or networks or interfere with any other user’s use and  enjoyment of the Sites and/or the Services;
11. Gain or attempt to gain unauthorized access to any of the Sites, Services, accounts,  computer systems or networks connected to Gastro Girl through hacking, password  mining or any other means;
12. Obtain or attempt to obtain any materials or information through any means not  intentionally made available through the Sites or the Services or harvest or  otherwise collect information about other users without their consent;
13. Use the sites in any manner that could damage, disparage, or otherwise negatively  impact Gastro Girl. In addition, you agree to comply with our Posting Guidelines  below.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING  ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY  GASTRO GIRL TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR  REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Gastro Girl hosts message boards; chats; various tools for health and wellness tips, and  other public forums on its Sites and through the Services. Message boards, social media  and podcast platforms, chats and other public forums are intended to serve as discussion  centers for users and subscribers of the Sites. These are public forums and any information  that you post on the Sites or through the Services may be seen by anyone on the Internet.  Any user will have the ability to edit or delete their own posts after posting. When posting  information on the Sites or through the Services, use good taste when discussing sensitive  topics. Both users and moderators are required to treat others with respect and honesty. Be  fair and informative. Post honest and valuable information and don’t post rumors or  negative opinions that are not supported by facts. Unless the information in your post  arises directly from your personal experience, references to any health-related or medical  information you provide must be included in your post. 

In addition to the prohibited activities described above, when posting information and  media on the Sites or through the Services you must not: 

• Post anything that interferes with or disrupts the Sites or the operation thereof,  including files that contain malicious code, viruses, corrupted files, or any other  similar software or programs that may damage the operation of another’s computer,  network or the Sites; 
• Post statements or materials that are libelous or defame, harass, abuse, stalk,  threaten, intimidate or in any way infringe on the rights of others; 
• Post statements or materials that violate other contractual or fiduciary rights, duties  or agreements; 
• Post or upload personal information, pictures, videos or any other media of another  person without their express permission; 
• Delete or revise any material posted by any other person or entity; • Post statements or materials that are bigoted, hateful, racially offensive, vulgar,  obscene, pornographic, profane, or otherwise objectionable, including language or  images that typically would not be considered socially or professionally responsible  or appropriate in person; 
• Post statements or materials that encourage criminal conduct or that would give  rise to civil liability or otherwise violate any law or regulation in any jurisdiction; • Post statements or materials that in any way harm minors; 
• Post statements or materials that impersonate any other person or entity, whether  actual or fictitious, including, without limitation, employees and representatives of  Gastro Girl; 
• Post statements or materials that misrepresent your affiliation with any entity and/or  Gastro Girl; 
• Post anything that violates the privacy or publicity rights of any other person,  including, without limitation, posting any personal identifying information of another  individual, including, without limitation, addresses, phone numbers, email  addresses, Social Security numbers, credit card numbers or any trade secrets or  information for which you have any obligation of confidentiality;
• Post statements or materials that constitute junk mail, spam or unauthorized  advertising or promotional materials, including, without limitation, links to  commercial products or services or any political campaigning; 
• Post material that in the sole judgment of Gastro Girl is objectionable or restricts or  inhibits any person or entity from using or enjoying any interactive features or other  portions of the Sites, or which may expose Gastro Girl or its users to harm or liability  of any nature; or 
• Post material that infringes, or that may infringe, any patent, trademark, trade  secret, copyright or other intellectual or proprietary right of any party, or that you  otherwise do not have the right to make available, without the express permission of  the owner of the copyright, trademark or other proprietary right. Gastro Girl does not  have any express burden of responsibility to provide any user with indications,  markings or anything else that may aid any user in determining whether the material  in question is copyrighted or trademarked. Users shall be solely liable for any  damage resulting for infringements of copyrights, trademarks, proprietary rights or  any other harm resulting from such submission. 

Any user failing to comply with these guidelines may be expelled from and refused  continued access to the message boards, chats or other public forums in the future.  Gastro Girl or its designated agents may remove or alter any user-created content at  any time for any reason. Materials posted and/or uploaded to the various public forums  may be subject to size and usage limitations. You are responsible for adhering to such  limitations. Gastro Girl and its Licensors expressly disclaim all responsibility and  endorsement and make no representation as to the validity of any opinion, advice,  information or statement made or displayed in these forums by third parties, nor are we  responsible for any errors or omissions in such postings, or for hyperlinks embedded in any  messages. Under no circumstances will Gastro Girl, its Licensors, or our affiliates,  suppliers or agents 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 Gastro Girl, its Licensors or  any of their subsidiaries or affiliates. Gastro Girl and its Licensors have no obligation  whatsoever to monitor any of the content or postings on the message boards, chat rooms  or other public forums. However, you acknowledge and agree that we reserve the right to  monitor the same at our sole discretion. Gastro Girl employees typically moderate our  boards on a daily basis. Unless otherwise stated, these moderators are not medical  professionals and should not be construed as such. Our moderators reserve 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. In addition, Gastro Girl and Gastro Girl’s moderators reserve the right to contact  users to inform them of policies, hide users’ posts or delete users’ accounts without  warning or notice in advance, for any reason, including but not limited to the violation of these TOU.

By sending or transmitting to us content, images, video, audio files, creative suggestions,  ideas, notes, concepts, information or other materials (collectively, “Submission  Materials”), or by posting such Submission Materials on the Sites, you hereby grant to us  and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free,  perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of,  publicly perform, publicly display, digitally perform, sell, offer for sale and import such  Submission Materials in any media now known or hereafter devised, for any purpose  whatsoever, commercial or otherwise, without compensation to you. The foregoing license  to Gastro Girl shall be fully paid-up and royalty free. You represent and warrant that any  person or entity named or pictured in such Submission Material has provided any  necessary licenses, rights or authorizations to allow Gastro Girl’s use of such Submission  Materials in accordance with such license. None of the Submission Materials disclosed or  posted via message boards; chats; Various tools for health and wellness tips, or other  public forums shall be subject to any obligation, whether of confidentiality, attribution or  otherwise.

Certain products or services may be offered for sale on the Sites or through the Services. In  the event you wish to purchase or to subscribe for any of these products or services, you  will be asked by Gastro Girl or an authorized third party to supply certain information,  including without limitation, your full name, address, telephone number and credit card  information. You agree to provide us or such third party with the foregoing information as  well as any other mandatory information. You agree that any such information provided  shall be accurate, complete and current. You agree to comply with the terms and  conditions of any agreement that you may enter into governing your purchase of the  product or service. You shall be responsible for all charges incurred through your account  as well as for paying any applicable taxes. By providing Gastro Girl with your credit card  number and associated payment information, you agree that Gastro Girl and/or our third  party service providers are authorized to immediately invoice your account for all fees and  charges due and payable to us as a result of your order, including but not limited to service  fees, subscription fees or any other fee or charge associated with your access to the  Services and/or purchase of products. If access to an applicable Service requires a  recurring payment, you agree that we (or our third-party payment service provider) may  automatically invoice your account at the beginning of each recurring period. We reserve  the right to increase charges and fees, or to institute new charges or fees at any time, upon  reasonable advance notice communicated to you through such means as we may deem  appropriate from time to time (including electronic mail or conventional mail). You agree to  immediately notify Gastro Girl of any change in your billing address or the credit card used  for payment hereunder. Your right to use a paid service or a specific product is conditional  upon our receipt of payment. If payment cannot be charged to your credit card or if a  charge is refunded for any reason, including chargeback, we reserve the right to either  suspend or terminate your access and account. You agree that in the event we are unable  to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be  responsible for all costs and expenses incurred by us in connection with such collection  activity, including collection fees, interest, court costs and attorneys’ fees. To review the  billing terms on your account or to terminate a subscription service, you may email  accounting@gastrogirl.com 24/7, 365 days a year, and our team will promptly respond to  your inquiry.

Any opinions, advice, statements, services, advertisements, offers or other information or  content expressed or made available through the Sites by third parties, including  information providers, are those of the respective authors or distributors and not Gastro  Girl. Neither Gastro Girl, its Licensors nor any third-party content providers guarantee the  accuracy, completeness or usefulness of any content. Furthermore, neither Gastro Girl nor  its Licensors endorse or are responsible for the accuracy and reliability of any opinion,  advice or statement made on any of the Sites or Services by anyone other than an  authorized Gastro Girl or Licensor representative while acting in his/her official capacity.  You may be exposed through the Sites or Services to content that violates our policies, is  sexually explicit or is otherwise offensive. You access the Sites and Services at your own  risk. We take no responsibility for your exposure to third party content on the Sites or the  Services. Gastro Girl and its Licensors do not assume, and expressly disclaim, any  obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or  procedure described in the Sites or through the Services, nor are we responsible for misuse  of a product or procedure due to typographical error.

If Gastro Girl conducts a sweepstake, contest, or game on the Sites, the rules governing  any of the foregoing shall be accessible through a hypertext link prominently displayed on  the page where the sweepstake, contest or game may be located. By entering or  participating in any of them, you agree to be subject to those rules, regulations and  procedures. Please remember to read the rules carefully before participating.

If any of the Sites or Services require you to open an account, you must complete the  registration process by providing Gastro Girl with current, complete and accurate  information, as prompted by the applicable registration form. You acknowledge that by  providing any information to Gastro Girl which is untrue, inaccurate, not current or  incomplete, Gastro Girl reserves the right to terminate your access and use of the Sites  and/or the Services. As part of the registration process, you will be asked to select a  username and password. You are entirely responsible for maintaining the security and  confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY  RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR  ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify  Gastro Girl immediately of any unauthorized use of your account or any other breach of security. Neither Gastro Girl nor its Licensors will be liable for any loss that you may incur  as a result of someone else using your password or account, either with or without your  knowledge. You may be held liable for any losses incurred by Gastro Girl, its Licensors or  another party due to someone else using your account or password.

We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If  we exercise such right, you agree to immediately remove and disable any and all of your  links to the Sites. In the absence of a written agreement with us specifying how you may  link to the Sites, use the following guidelines for adding one or more links to the Sites from  your website: 

• The link must be a text-only link that clearly includes the URL of the applicable Site; • If the link points to any page on a Site other than the home page, the text link must  also include the title of the target landing page. (For example, if the link points to the  “Health Hub” area of the gastrogirl.com Site, the link should include the words  “Health Hub – Gastro Girl.”); 
• The appearance, position and other aspects of the link may not be such as to  damage or dilute the goodwill associated with our good name and trademarks; • The appearance, position and other aspects of the link may not create the false  impression that an entity is associated with, sponsored by, or endorsed by us; • The link, when activated by a user, must display the Site full-screen and not within a  “frame” on the linking website and linking may not trigger any interstitial or pop-up  or pop-under windows; and 
• The link may not be used in connection with or appear on a website that a  reasonable person might consider offensive, obscene, defamatory or otherwise  malicious. 

We reserve the right to change, modify, add or remove portions of these TOU at any time  and without prior notice, and any changes will become effective immediately upon being  posted unless we advise you otherwise. Your continued use of the Site or Services after  these TOU have been amended shall be deemed to be your continued acceptance of the terms and conditions of these TOU, as amended. We encourage you to bookmark this Web page and review these TOU regularly.

Your participation, correspondence or business dealings with any third party found on or  through our Sites and Services, including, without limitation, advertisers and other users,  regarding payment and delivery of specific goods and services, and any other terms,  conditions, representations or warranties associated with such dealings, are solely  between you and such third party. You agree that Gastro Girl shall not be responsible or  liable for any loss, damage, or other matters of any sort incurred as the result of such  dealings.

Gastro Girl’s privacy policy with respect to the collection and use of your personally  identifiable information is set forth at https://gastrogirl.com/privacypolicy, and is  incorporated by reference into these TOU. BY ACCESSING THE SITES AND/OR SERVICES,  YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES  DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE  PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER  EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF  TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR  PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GASTRO GIRL, ITS  LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND  EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS  TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED,  ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE,  RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY  SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE  HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE  SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR  THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO  REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR  ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS  REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH  REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE  MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT,  ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED  OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.

NEITHER GASTRO GIRL NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES,  CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR  ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL,  CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY  CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR  RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE  SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii)  STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES  AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED  THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS  A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY  DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO  BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii)  ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL  THE TOTAL LIABILITY OF GASTRO GIRL OR ITS LICENSORS TO YOU FOR ANY AND ALL 

DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY,  FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the  exclusion of certain warranties or the limitation or exclusion of liability for incidental or  consequential damages. Accordingly, some of the above limitations and disclaimers may  not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any  implied warranty or limit liabilities, the scope and duration of such warranty and the extent  of our liability will be the minimum permitted under such applicable law.

You agree to indemnify, defend and hold Gastro Girl and its Licensors, subsidiaries,  affiliates, officers, directors, agents, co-branders or other partners, employees and  representatives harmless from and against any and all claims, damages, losses, costs or  expenses (including reasonable attorneys’ fees and disbursements) which arise directly or  indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission  Materials infringe or otherwise violate the copyright, trade secret, trademark or other  intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright  owners who believe that material appearing on the Internet infringes their rights under the  U.S. copyright law. If you believe in good faith that materials hosted by Gastro Girl infringe  your copyright, you or your agent may send to Gastro Girl a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a  person authorized to act on its behalf that fails to comply with requirements of the DMCA  shall not be considered sufficient notice and shall not be deemed to confer upon Gastro  Girl actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly  filed against you, the DMCA permits you to send to Gastro Girl a counter-notice. All notices  and counter notices must meet the then current statutory requirements imposed by the  DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been  copied in a way that constitutes copyright infringement, please provide our Copyright Agent  the following information: 

• An electronic or physical signature of the person authorized to act on behalf of the  owner of the copyright interest; 
• Identification of the copyrighted work that you claim has been infringed; • Identification of where the material that you claim is infringing is located on the Site  or Service reasonably sufficient to permit us to locate the material; 
• Information reasonably sufficient to permit us to contact you, such as your address,  telephone number and, if available, your email address; 
• A statement by you that you have a good faith belief that the disputed use is not  authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in  your notice is accurate and that you are the copyright owner or authorized to act on  the copyright owner’s behalf. 

Gastro Girl’s Copyright Agent for notice of claims of copyright infringement or counter  notices can be reached as follows: Gastro Girl, Inc.; Legal Department, 8 The Green,  #8109, Dover, DE 19901. We suggest that you consult your legal advisor before filing a  notice or counter-notice. Also, be aware that there can be penalties for false claims under  the DMCA.

Gastro Girl makes no representation or warranty that the content and materials on the  Sites or the Services are appropriate or available for use in locations outside the United  States. Those who choose to access the Sites or use the Services from other locations do  so on their own initiative and at their own risk, and are responsible for compliance with  local laws, if and to the extent applicable. Gastro Girl reserves the right, at any time in our  sole discretion, to limit the availability and accessibility of the Sites or the Services to any  person, geographic area or jurisdiction we so desire, and to limit the quantities of any such  service or products that we provide.

You agree that Gastro Girl, in its sole discretion, may terminate your password, account (in  whole or in part) or use of the Sites or Services, and remove and discard any content within  the Sites or Services, at any time and for any reason. You agree that any actions taken  under this Section may be effective without prior notice to you.

These TOU and the relationship between you and Gastro Girl shall be governed by and  construed in accordance with the laws of the State of Delaware, without regard to its  conflict of law provisions. You and Gastro Girl irrevocably agree to submit to the personal  and exclusive jurisdiction of the federal and state courts located within the county of Kent, in the State of Delaware, and waive any jurisdictional, venue or inconvenient forum  objections to such courts. 

The failure of Gastro Girl to exercise or enforce any right or provision of these TOU shall not  constitute a waiver of such right or provision. If any provision of these TOU is found by a  court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then  that provision shall be deemed severed here from and shall not affect the validity and  enforceability of any remaining provisions.

We may perform any of our obligations or exercise any of our rights under this TOU through  one or more of our corporate affiliates (including any entity that directly or indirectly  controls, is controlled by or is under common control with us). If Gastro Girl or its assets are acquired by another entity, that entity will assume our rights and obligations as  described in this TOU. You may not assign your rights or obligations under this TOU, by  operation of law or otherwise, without our prior written consent. 

We may modify these TOU at any time, as we deem appropriate. If you disagree with the  changes to the TOU, you must discontinue your use of the Sites and Services, and if you  have registered as a member, cancel your registration. Your continued access or use of any  of the Sites or Services following such notice signifies your acceptance of the modified  TOU. It is your responsibility to review the TOU regularly to be aware of such modifications.  We reserve the right to modify or discontinue the Sites or Services with or without notice.  We will not be liable to you or any third party should we exercise our right to modify or  discontinue the Sites or Services. If you object to any such changes, your sole recourse will  be to cease access to the Sites or Services. Continued access to the Sites or Services  following notice of any such changes will indicate your acknowledgement of such changes  and acceptance of the Sites or Services as so modified and your use of new Services will  be governed by these TOU.

In the unlikely event that you’re not satisfied with customer service’s solution, and you  and Gastro Girl are unable to resolve a dispute through the Informal Dispute  Resolution Procedures below, we each agree to resolve the dispute through binding  arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator  instead of a judge or jury, allows for more limited discovery than in court, and is subject to  very limited review by courts. Unless expressly limited by this arbitration provision,  arbitrators can award the same damages and relief that a court can award. Any arbitration  under this Agreement will take place on an individual basis; class arbitrations and  class actions are not permitted. In arbitration you may be entitled to recover attorneys’  fees from us to the same extent as you would be in court. 

(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law, Gastro  Girl and you agree to arbitrate all disputes and claims between us, except for claims  arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or  our intellectual property rights (or the intellectual property rights of any of our licensors,  affiliates and partners). This Arbitration Agreement is intended to be broadly interpreted. It  includes, but is not limited to: 

• claims arising out of or relating to any aspect of the relationship between us,  whether based in contract, tort, fraud, misrepresentation or any other statutory or  common-law legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to,  claims relating to advertising); 
• claims for mental or emotional distress or injury not arising out of physical bodily  injury; 
• claims that are currently the subject of purported class action litigation in which you  are not a current member of a certified class; and 
• claims that may arise after the termination of this Agreement. 

References to “Gastro Girl,” “you,” “we” and “us” in this Arbitration Agreement include our  respective predecessors in interest, successors, and assigns, as well as our respective  past, present, and future parents, subsidiaries and affiliates; those entities and our  respective agents, employees, licensees, licensors, and providers of content as of the time  your or our claim arises; and all authorized or unauthorized users or beneficiaries of  Services under this or prior Agreements between us. Notwithstanding the foregoing, either  party may elect to have claims heard in small claims court seeking only individualized  relief, so long as the action is not removed or appealed to a court of general jurisdiction.  This Arbitration Agreement does not preclude you from bringing issues to the attention of  federal, state, or local agencies. You agree that, by entering into this Agreement, you and  we are each waiving the right to participate in a class action and to a trial by jury to the  fullest extent permitted by applicable law. This Agreement evidences a transaction in  interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the  interpretation and enforcement of this arbitration provision. This Arbitration Agreement  shall survive termination of this Agreement. 

(2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You  and we agree that good-faith, informal efforts to resolve disputes often can result in a  prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to  initiate arbitration or file a claim in small claims court must first send to the other a written  Notice of Dispute (“Notice”). A Notice from you to Gastro Girl must be emailed to  legal.notice@gastrogirl.com (“Notice Address”). 

Any Notice must include (i) the claimant’s name, address, and email address; (ii) a  description of the nature and basis of the claim or dispute; (iii) if you are submitting the  Notice, any relevant facts regarding your use of the Sites, including whether you have  created an account with or receive any newsletters associated with any of the Sites; (iv) a  description of the nature and basis of the specific relief sought, including the damages  sought, if any, and a detailed calculation for them; and (v) a personally signed statement  from the claimant (and not their counsel) verifying the accuracy of the contents of the  Notice. The Notice must be individualized, meaning it can concern only your dispute and  no other person’s dispute. 

After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve  the dispute for a period of 60 days (which can be extended by agreement). You and we  agree that, after receipt of the completed Notice, the recipient may request an  individualized video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). If you are unable to  participate in the settlement conference by video, you may attend telephonically upon  showing of good cause or extraordinary circumstances warranting telephonic participation  (e.g., inability to afford equipment or sufficient Wi-Fi due to indigent circumstances). You  and we agree that the parties (and counsel, if represented) shall work cooperatively to  schedule the conference at the earliest mutually convenient time and to seek to reach a  resolution. If we and you do not reach an agreement to resolve the issues identified in the  Notice within 60 days after the completed Notice is received (or a longer time if agreed to  by the parties), you or we may commence an arbitration proceeding or a small claims court  proceeding (if permitted by small claims court rules). 

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution  Procedures section is a condition precedent to initiating arbitration. Any applicable  limitations period (including statute of limitations) and any filing fee deadlines shall be  tolled while the parties engage in the informal dispute resolution procedures set forth in  this Section 24(2). All of the Mandatory Pre-Arbitration Notice and Informal Dispute  Resolution Procedures are essential so that you and Gastro Girl have a meaningful  opportunity to resolve disputes informally. If any aspect of these requirements has not  been met, a court of competent jurisdiction may enjoin the filing or prosecution of an  arbitration. In addition, unless prohibited by law, the arbitration administrator may not  accept, administer, assess, or demand fees in connection with an arbitration that has been  initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute  Resolution Procedures. If the arbitration is already pending, it shall be administratively  closed. Nothing in this paragraph limits the right of a party to seek damages for non compliance with these Procedures in arbitration. 

(3) Arbitration Procedure: The arbitration will be governed by applicable rules of National  Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules  and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable)  (“NAM Rules”), as modified by this Arbitration Agreement, and will be administered by  NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be  selected by the parties that will do so, or if the parties are unable to agree on an alternative  administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at  www.namadr.com or by requesting them in writing at the Notice Address. You may obtain a  form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb revised-9.18.19.pdf or by contacting NAM. 

You and we agree that the party initiating arbitration must submit a certification that they  have complied with and completed the Mandatory Pre-Arbitration Notice and Informal  Dispute Resolution Procedures requirements referenced in Section 24(2) and that they are  a party to the Arbitration Agreement enclosed with or attached to the demand for  arbitration. The demand for arbitration and certification must be personally signed by the  party initiating arbitration (and their counsel, if represented).

All issues are for the arbitrator to decide, except as otherwise expressly provided herein.  

The arbitrator may consider but shall not be bound by rulings in other arbitrations involving  different customers. 

Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any  arbitration hearings will take place in the county (or parish) of your billing address and you  and a Gastro Girl representative will be required to attend in person. At the conclusion of  the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient  to explain the essential findings and conclusions on which the award is based. The  arbitrator’s decision is binding only between you and Gastro Girl and will not have any  preclusive effect in another arbitration or proceeding that involves a different party. An  arbitrator’s award that has been fully satisfied shall not be entered in any court. As in court, you and Gastro Girl agree that any counsel representing a party in arbitration  certifies when initiating and proceeding in arbitration that they are complying with the  requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim  or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of  Civil Procedure 11, or applicable federal or state law, against all appropriate represented  parties and counsel. 

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any  remedy, relief, or outcome that the parties could have received in court, including awards  of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided  by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration  unless the arbitrator awards sanctions or finds that either the substance of the claim, the  defense, or the relief sought is frivolous or brought for an improper purpose (as measured  by the standards set forth in Federal Rule of Civil Procedure 11 (b)). 

(4) Arbitration Fees: The payment of arbitration fees (the fees imposed by the arbitration  administrator including filing, arbitrator, and hearing fees) will be governed by the  applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after  exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees  will be prohibitive for you as compared to litigation, we will pay as much of your filing,  arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent  the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration,  unless the arbitrator determines that your claim(s) were frivolous or brought for an  improper purpose or asserted in bad faith. You and we agree that arbitration should be  cost-effective for all parties and that any party may engage with NAM to address the  reduction or deferral of fees. 

(5) Confidentiality: Upon either party’s request, the arbitrator will issue an order requiring  that confidential information of either party disclosed during the arbitration (whether in  documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court  filing of confidential information must be done under seal to the furthest extent permitted  by law. 

(6) Offer of Settlement: In any arbitration between you and Gastro Girl, the defending party  may, but is not obligated to, make a written settlement offer at any time before the  evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion  being granted. The amount or terms of any settlement offer may not be disclosed to the  arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the  other party’s favor and is less than the defending party’s settlement offer or if the award is  in the defending party’s favor, the other party must pay the defending party’s costs incurred  after the offer was made, including any attorney’s fees. If any applicable statute or case law  prohibits the shifting of costs incurred in the arbitration, then the offer in this provision  shall serve to cease the accumulation of any costs to which the party bringing the claim  may be entitled for the cause of action under which it is suing. 

(7) Requirement of Individualized Relief: The arbitrator may award declaratory or  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. TO THE FULLEST  EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY  BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY,  AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS,  REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both  you and we agree otherwise, the arbitrator may not consolidate more than one person’s  claims and may not otherwise preside over any form of a representative, class, or private  attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on  non-individualized declaratory or injunctive relief; class, representative, and private  attorney general claims; and consolidation are found to be unenforceable with respect to a  particular claim or with respect to a particular request for relief (such as a request for  injunctive relief sought with respect to a particular claim), then the parties agree such a  claim or request for relief shall be decided by a court of competent jurisdiction, after all  other arbitrable claims and requests for relief are arbitrated. You agree that any arbitrations  between you and Gastro Girl will be subject to this Section 24 and not to any prior  arbitration agreement you had with Gastro Girl, and, notwithstanding any provision in this  Agreement to the contrary, you agree that this Section 24 amends any prior arbitration  agreement you had with Gastro Girl, including with respect to claims that arose before this  or any prior arbitration agreement. 

(8) Opt Out of Future Changes: Notwithstanding any provision to the contrary, if Gastro  Girl makes any future change to this Arbitration Agreement (other than a change to the  Notice Address), you may reject any such change by sending Gastro Girl an email to  dispute.notice@everydayhealth.com within 30 days of the posting of the amended  arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing  address, (iii) your phone number, (iv) if applicable, the username or email address associated with any potential account or newsletter; (v) the relevant Site; and (vi) the  approximate date of your initial use of the relevant Site. Such an opt-out email must be  sent by you personally, and not by your agent, attorney, or anyone else purporting to act on  your behalf. It must include a statement, personally signed by you, that you wish to reject  the change to the Arbitration Agreement. This is not an opt out of arbitration altogether. 

(9) Mass Filing: If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands  for arbitration raising similar claims against the other party or related parties by the same or  coordinated counsel or entities, consistent with the definition and criteria of Mass Filings  (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and  Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the  additional procedures set forth below shall apply. The parties agree that throughout this  process, their counsel shall meet and confer to discuss modifications to these procedures  based on the particular needs of the Mass Filing. The parties acknowledge and agree that  by electing to participate in a Mass Filing, the adjudication of their dispute might be  delayed. Any applicable limitations period (including statute of limitations) and any filing  fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and  Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice  complies with the requirements in Section 24(2), until your claim is selected to proceed as  part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of  arbitration. 

Stage One: Counsel for the claimants and counsel for Gastro Girl shall each select 25  claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part  of a staged process. Each of these individual arbitrations shall be assigned to a different,  single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall  not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in  connection with those claims unless and until they are selected to be filed in individual  arbitration proceedings as part of a staged process. After this initial set of staged  proceedings is completed, the parties shall promptly engage in a global mediation session  of all remaining claims with a retired federal or state court judge and Gastro Girl shall pay  the mediator’s fee. 

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants  and counsel for Gastro Girl shall each select 50 claims per side (100 claims total) to be  filed and to proceed in individual arbitrations as part of a second staged process, subject to  any procedural changes the parties agreed to in writing. Each of these individual  arbitrations shall be assigned to a different, single arbitrator unless the parties agree  otherwise in writing. Any remaining claims shall not be filed or be deemed filed in  arbitration, nor shall any arbitration fees be assessed in connection with those claims  unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties  shall promptly engage in a global mediation session of all remaining claims with a retired  federal or state court judge and Gastro Girl shall pay the mediator’s fee. 

Stage Three: If the remaining claims are not resolved at this time, counsel for the  claimants and counsel for Gastro Girl shall each select 100 claims per side (200 claims  total) to be filed and to proceed in individual arbitrations as part of a third staged process,  subject to any procedural changes the parties agreed to in writing. Any remaining claims  shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be  assessed in connection with those claims unless and until they are selected to be filed in  individual arbitration proceedings as part of a staged process. Following this third set of  staged proceedings, counsel for claimants may elect to have the parties participate in a  global mediation session of all remaining claims with a retired federal or state court judge. 

Stage Four: If your claim is not resolved at this time, then you agree that your claim will be  resolved as part of continuing, staged individual arbitration proceedings as set forth below.  Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly  selected (or selected through a process agreed to by counsel for the parties) to be filed and  to proceed in individual arbitrations as part of a staged process. If the number of remaining  claims is fewer than 100, then all of those claims shall be filed and proceed in individual  arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor  shall any arbitration fees be assessed in connection with those claims unless and until they  are selected to be filed in individual arbitration proceedings as part of a staged process.  After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved,  this process shall repeat consistent with these parameters. Counsel for the parties are  encouraged to meet and confer, participate in mediation, and engage with each other and  with NAM (including through a Procedural Arbitrator) to explore ways to streamline the  adjudication of claims, increase the number of claims to proceed at any given time,  promote efficiencies, conserve resources, and resolve the remaining claims. 

A court of competent jurisdiction shall have the authority to enforce these Mass Filing  provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of  arbitrations and the assessment of arbitration fees. If these additional procedures apply to  your claim, and a court of competent jurisdiction determines that they are not enforceable  as to your claim, then your claim shall proceed in a court of competent jurisdiction  consistent with this Agreement. 

You and Gastro Girl agree that we each value the integrity and efficiency of arbitration and  wish to employ the process for the fair resolution of genuine and sincere disputes between  us. You and Gastro Girl acknowledge and agree to act in good faith to ensure the processes  set forth herein are followed. The parties further agree that application of these Mass Filing  procedures have been reasonably designed to result in an efficient and fair adjudication of  such cases.

(10) Severability: If any portion of this Arbitration Agreement is found to be void, invalid, or  otherwise unenforceable, then that portion shall be deemed to be severable and, if  possible, superseded by a valid, enforceable provision, or portion thereof, that matches the  intent of the original provision, or portion thereof, as closely as possible. The remainder of  this Arbitration Agreement shall continue to be enforceable and valid according to the  terms contained herein. 

You and Gastro Girl agree that, to the fullest extent permitted by law, each party may bring  claims (whether in court or in arbitration) against the other only in an individual capacity,  and not participate as a plaintiff, claimant, or class member in any class, collective,  consolidated, private attorney general, or representative proceeding. This means that you  and Gastro Girl may not bring a claim on behalf of a class or group and may not bring a  claim on behalf of any other person unless doing so as a parent, guardian, or ward of a  minor or in another similar capacity for an individual who cannot otherwise bring their own  individual claim. This also means that you and Gastro Girl may not participate in any class,  collective, consolidated, private attorney general, or representative proceeding brought by  any third party. Notwithstanding the foregoing, you or Gastro Girl may participate in a class wide settlement. To the fullest extent permitted by law, you and Gastro Girl waive any right  to a jury trial.

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