Terms of Use

1.Introduction. Welcome to blumhealthmd.com (the “Blum Digital Site”), the website of the Blum Digital LLC (“Blum Digital” or “we”). On this site, you can participate in Step 3 of the Immune System Recovery Plan (the “Plan”) that is described in the book The Immune System Recovery Plan (the “Book”) by Dr. Susan Blum (“Dr. Blum”), published by Simon & Schuster in April 2013, which is called the HealMyGutTM Program.

2.General. These terms of use (the “Terms of Use”) contain the complete terms and conditions that apply to your use of the Blum Digital Site and your participation in the HealMyGutTM Program, which includes your use, in any way, of any material, information, supplement or other product that you access, read, or buy through the Blum Digital Site. These Terms of Use are a legally binding agreement between you and Blum Digital and they supersede any information that may be provided to you orally.  The Terms of Use will remain in full force and effect as long as you use the Blum Digital Site or participate in any version of the HealMyGut™ Program.

3.Programs. You can participate in the HealMyGut Program in two ways: through the ten-day program (the “10-Day Program”) and through the 30-day program (the “30-Day Program”).

A. If you sign up for the 10-Day Program, you will receive (i) a package of BlumHealthMD™ supplements, (ii) a BlumHealthMD™ 10-day nutrition guide, instructions and meal planner, and (iii) a daily email that you can access when you log on to the Blum Digital Site, that has instructions and an “ask me anything” button that you can use to ask your personal questions for one-on-one support.

B. In the 30-Day Program, you receive (i) a package of BlumHealthMD™ with more of the above-listed supplements as well as glutamine powder, (ii) a BlumHealthMD™ guidebook with a 30-day nutrition guide, instructions and meal planner, (iii) a daily email that you can access when you log on to the Blum Digital Site, that has instructions and an “ask me anything” button as described above, and (iv) the opportunity to participate in a live chat room for an hour twice a week with a nurse or a nutritionist.

4.Intellectual Property

A. Blum Digital Site Content. Blum owns the copyright in the Book. Blum Digital owns all content on the Blum Digital Site (“Blum Digital Site Content”), all trademark rights in the names Blum Digital, BlumHealthMD™, HealMyGut, and all other trademarks and service marks that are used on the Blum Digital Site, and all patent rights in the Blum Digital Site (all together, for purposes of these Terms of Use, “Blum Digital Site Intellectual Property”). While we hope that you will download Blum Digital Site Content for your personal use, you may not copy, display or distribute copies of any Blum Digital Site Intellectual Property for any commercial purpose. Third parties whose articles appear on the Blum Digital Site own the copyrights in those articles.

B. User-Generated Content. If you submit a question for Ask Us Anything, or any other content (collectively, “User-Generated Content”), you grant, and you represent and warrant that you have the right to grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to reproduce, publicly display, and distribute copies of that User-Generated Content, and both to edit that User-Generated Content and to incorporate that User-Generated Content into the Blum Digital Site  as Blum Digital may see fit.

5.DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

A. NEITHER THE BOOK NOR ANY INFORMATION ON THE BLUM DIGITAL SITE, INCLUDING ANY INFORMATION OR ADVICE THAT YOU MAY RECEIVE VIA EMAIL, IN PRINTED MATERIAL, OR IN A HEALMYGUT™ CHATROOM, HAS BEEN ASSESSED BY THE FOOD AND DRUG ADMINISTRATION. NEITHER THE BOOK NOR ANY INFORMATION ON THE BLUM DIGITAL SITE, INCLUDING ANY INFORMATION OR ADVICE THAT YOU MAY RECEIVE VIA EMAIL, IN PRINTED MATERIAL, OR IN A HEALMYGUT™ CHATROOM, IS IN ANY WAY A SUBSTITUTE FOR THE ADVICE OF YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONALS BASED ON YOUR OWN INDIVIDUAL CONDITIONS, SYMPTOMS, OR CONCERNS. THE HEALTHCARE PROFESSIONALS WHO RESPOND TO “ASK ME ANYTHING” EMAILS AND WHO PARTICIPATE IN THE CHAT ROOMS WILL NOT KNOW ANYTHING ABOUT YOUR PERSONAL CONDITION. IF YOU NEED PERSONAL MEDICAL, HEALTH, DIETARY, EXERCISE, OR OTHER ASSISTANCE OR ADVICE, YOU SHOULD CONSULT A COMPETENT PHYSICIAN AND/OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS.

B. Supplements have different effects on different people. Any herbal supplement, including any supplement, may cause side effects such as stomach upset, nausea and diarrhea, even if you take it according to the directions on the package. Some people are particularly sensitive to certain supplements. Certain supplements may adversely affect the effectiveness of birth-control pills. Some supplements may not have any negative impact on you but they may not relieve your symptoms. YOU SHOULD CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY SUPPLEMENT. A meal prepared from a particular recipe in the nutrition guide you receive also may not agree with you.

C. FOLLOWING ANY VERSION OF THE HEALMYGUT™ PROGRAM, WHICH INCLUDES TAKING ANY SUPPLEMENTS OR OTHER PRODUCTS OR COMMUNICATING BY EMAIL OR IN A CHAT ROOM, WILL NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND DR. BLUM OR ANY OF THE OTHER HEALTHCARE PROFESSIONALS WHO PROVIDE SERVICES AS PART OF THE HEALMYGUT™ PROGRAM.

D. BLUM DIGITAL LLC AND DR. BLUM SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY INJURY, DAMAGE OR LOSS THAT YOU MAY INCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF FOLLOWING ANY DIRECTIONS OR SUGGESTIONS OFFERED ON THE BLUM DIGITAL SITE, TAKING ANY SUPPLEMENT OR OTHER PRODUCTR, OR EATING FOOD PREPARED FROM ANY RECIPE THAT IS PROVIDED TO YOU, OR FOR THE FAILURE OF ANY SUPPLEMENT OR ANY VERSION OF THE HEALMYGUT™ PROGRAM AS A WHOLE TO ALLEVIATE YOUR SYMPTOMS OR IMPROVE YOUR CONDITION.

E. BLUM DIGITAL LLC AND DR. BLUM ALSO DISCLAIM ANY WARRANTY OF ANY KIND RELATING TO THE TECHNICAL RESULTS OF YOUR USE OF OR INTERACTION WITH THE BLUM DIGITAL SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE BLUM DIGITAL SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE BLUM DIGITAL SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

A. Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

6. Privacy. For our privacy policy, go to http://blumhealthmd.com/privacy-policy.

7. Shipping, Returns and Refunds

A. Shipping Generally. All shipping is done from our fulfillment center in Missouri. We ship to addresses in the United States only except for Hawaii. We do not ship to APO addresses and P.O. Boxes. All packages are shipped through UPS or USPS. You will receive your purchased items within seven business days from the date on which your order is processed. Orders are typically processed within 24 hours of the time you place your order. Orders placed after 4:00pm on Friday will be processed the following Monday.

B. Shipping Fees.  If you are placing a regular order in the continental United States, you will be charged the calculated shipping fee according to the destination.

C. UPS and USPS Delivery Policies. All shipping is subject to UPS’s and USPS’s terms and conditions.

D. Returns. You may return any unopened product within 14 (fourteen) days of receipt for a full refund. You may not return any HealMyGut™ printed materials because they are not sealed and therefore can be used or copied. If you are returning something because we sent you the wrong item, we will pay the shipping costs. If you are returning something for any other reason, you must pay for shipping and you may be required to pay a restocking fee. To initiate a return, email us at info@blumhealthmd.com for a return authorization. Please include your name or the name of the recipient, the order number and date of purchase, all of which can be found on the sales receipt/packing list enclosed in the box. We will contact you with instructions on how to complete the return or exchange in the form of a return authorization which will include shipping information.

8. Representations and Warranties. You represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Use.

9. Indemnity. You will indemnify and hold harmless the Blum Digital and/or Dr. Blum, as applicable, and their affiliates, partners, directors, employees, agents and representatives from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims“) made by any third party (which means anyone other than you) due to or arising out of your use of the Blum Digital Site , including, without limitation, any Claim arising from your providing any third party with any products that you have bought through any of the Blum Digital Site.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BLUM DIGITAL OR DR. BLUM OR ANY OF THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESEN-TATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE BLUM DIGITAL SITE, ANY SUPPLEMENTS OR OTHER PRODUCTS, ANY GUIDE OR OTHER WRITTEN MATERIAL,  OR FROM YOUR INABILITY TO USE THE BLUM DIGITAL SITE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BLUM DIGITAL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.

11. Governing Law, Jurisdiction, and Time Limit on Claims. You agree that: (i) the Blum Digital Site shall be deemed solely based in New York; and (ii) the Blum Digital Site shall be deemed a passive website that does not give rise to general or specific personal jurisdiction over the Blum Digital or Dr. Blum in jurisdictions other than New York. If you have any dispute with Blum Digital or Dr. Blum that is not barred by the Terms of Use, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of White Plains, New York. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of any Blum Center Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

12. Additional Terms. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

13. Most Recent Changes.  These Terms of Use were last changed on  September 27, 2016.