Terms

Overview

This website is operated and owned by Microbiome Signatures, Inc. Throughout these Terms, the terms “Microbiome Signatures”, “we”, “us”, “our” refer to Microbiome Signatures, Inc.; the term “Microbiome Signatures” refers to the domain of this website; the term “Database” refers to the Microbiome Signatures database and its associated applications; and the terms “User”, “you”, “your” refer to the user who is bound by these Terms.

By visiting or accessing the Microbiome Signatures website or database, or using any related services (the “Services”), or purchasing anything from Microbiome Signatures, such as a membership or any other offering (the “Products”), you agree to be bound by these terms, conditions, policies, and notices (“Terms”), including those additional terms, conditions, policies, and notices referenced herein and/or available by hyperlink. These Terms apply to all Users of Microbiome Signatures, including Users who are browsers, researchers, customers, vendors, merchants, and/or contributors of content.

**PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES OR PURCHASING ANY PRODUCT.**

By accessing or using the Services or purchasing any Product, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services or purchase any Product. By using the Services or purchasing any Product, you represent and warrant that you are of the legal age of majority in your jurisdiction of residence. Users who are not the age of majority should not access or use Microbiome Signatures or the Services.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. In these Terms, the use of the word “including” shall mean “including without limitation.”

Modification to these Terms

Any new features or tools added to the Microbiome Signatures website or Services shall also be subject to the Terms. The User can review the most current version of the Terms at any time on this page. Microbiome Signatures reserves the right to update, change, or replace any part of these Terms by posting updates or changes to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to Microbiome Signatures or the Services following the posting of any changes constitutes acceptance of those changes.

Section 1: Medical Disclaimer 

All material, text, images, downloads, attachments, and any other content whatsoever contained on or within Microbiome Signatures or through the Services is for informational purposes only and does not constitute advice, diagnosis, or treatment from a qualified medical professional. Microbiome Signatures makes no representation that it is a provider of medical services as defined by any relevant laws and regulations pertaining to medical providers and other healthcare-related matters, or that Microbiome Signatures has any obligations with respect to: (a) the appropriateness of the User engaging in any health-related program; (b) the results (or lack thereof) of the User’s use of the Services; and (c) any other health-related matters arising in connection with the User’s use of the Services. You should always consult your doctor, physician, or other qualified medical professional with any medical questions you may have and before making any changes to your health practices. You acknowledge that you have been advised by Microbiome Signatures of the need for such consultation. Microbiome Signatures does not advocate nutritional supplementation or health practices over proper medical advice or treatment.

Microbiome Signatures does not assume liability for any actions undertaken after visiting the website or database and does not assume liability if one misuses the content provided. Microbiome Signatures and its editors do not claim that unforeseen side effects will not occur even with appropriate use, and do not assume responsibility for any side effects from products or practices mentioned on the website or its content.

Section 2: Online Store Terms 

In order to access the Services and/or purchase Products, you may need to create a password-protected account. You are responsible for safeguarding the confidentiality of the username and password that you use to access the Services. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your account. You acknowledge and agree that in creating and maintaining your account, you will need to provide us with accurate information.

You may not use the Microbiome Signatures website, database, or Services for any illegal or unauthorized purpose. You may not, in the use of any of the foregoing, violate any laws in your jurisdiction of reference (including copyright laws).

A breach or violation of any of the Terms by the User may result in an immediate termination of the User’s access to Microbiome Signatures.

Section 3: General Conditions

Use of Microbiome Signatures is restricted to the User’s personal use. You shall not use Microbiome Signatures for any other purpose.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Microbiome Signatures and its content, use of Microbiome Signatures, or access to Microbiome Signatures, or any contact or personal information on Microbiome Signatures, without express written permission by Microbiome Signatures.

Microbiome Signatures reserves the right to refuse to provide the Services to anyone for any reason at any time.

You understand that your data (not including the User’s credit card information) may be transferred unencrypted and involve:

– transmissions over various networks; and

– changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information entered on Microbiome Signatures is always encrypted during transfer over networks. Microbiome Signatures uses third-party processors to handle credit-card payments made for purchases on its platform.

The Terms stated herein contain the entire agreement between the User and Microbiome Signatures relating to the User’s use of the website and database, and supersede all prior or concurrent communications and proposals, in any form, between the User and Microbiome Signatures. No other terms or conditions apply. The User agrees not to introduce into or through Microbiome Signatures any information, content, or material that may be harmful to others, including any worms, viruses, or any code of a destructive nature. Among other things, the User agrees not to include, knowingly or otherwise, any error or defect in material or information that may, among other issues, be libelous, slanderous, defamatory, or obscene, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Section 4: Accuracy, Completeness, and Timeliness of Information

Microbiome Signatures is not responsible if the content or information provided on its website, database, or related services is not accurate, complete, or current. This content and information is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content on Microbiome Signatures is at the User’s own risk.

Microbiome Signatures may contain certain historical information. Historical information, per its very nature, is not current; it is provided for the User’s reference only. Microbiome Signatures reserves the right to modify the contents of its website and database at any time, but it has no obligation to update any information. You agree that it is your responsibility to monitor changes.

Microbiome Signatures neither makes any representations nor recommends or endorses any specific tests, products, procedures, opinions, or other information that may be mentioned. Reliance on any information provided by Microbiome Signatures, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors (collectively, its “Representatives”), or any visitors is solely at the User’s own risk.

Section 5: Modifications to the Service and Prices  

Prices for Microbiome Signatures’ Products and Services are subject to change without notice.

Microbiome Signatures reserves the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.

Section 6: Products and Services  

Certain Products or Services may be available exclusively online through Microbiome Signatures. These Products or Services may have limited quantities and are subject to return or exchange only according to Microbiome Signatures’ Refund Policy (as defined below).

Microbiome Signatures reserves the right, but is not obligated, to limit the sales of the Products or Services to any person, geographic region, or jurisdiction. Microbiome Signatures may exercise this right on a case-by-case basis. Microbiome Signatures reserves the right to limit the quantities of any Products or Services that it offers. All descriptions and prices for all Microbiome Signatures’ Products and Services are subject to change at any time without notice, at its sole discretion. Microbiome Signatures reserves the right to discontinue any Product at any time. Any offer for any Product or Service made on Microbiome Signatures and its content is void where prohibited by law.

Microbiome Signatures does not warrant that the quality of any Products, Services, information, or other material the User purchases or obtains will meet the User’s expectations, or that any errors in the Services will be corrected.

Section 7: Refund Policy 

By agreeing to these Terms, the User agrees to Microbiome Signatures’ refund policy (

the “Refund Policy”). Where the User decides to cancel, return, or seek a refund for Microbiome Signatures’ Products or Services, the User will be entitled to a refund within fifteen (15) business days from the date of receipt of the User’s notice to Microbiome Signatures under this Refund Policy. The notice must be received by Microbiome Signatures within the refund windows set out below for the User to be eligible for a refund.

To provide notice of the User’s refund claim, contact Microbiome Signatures at its electronic mail address along with accurate billing and account information. Upon approval, Microbiome Signatures will refund or exchange the User’s Product. In order to permit a refund under this Refund Policy, notice of a refund claim must be provided within 60 days from the date of the purchase of the Product being refunded.

Section 8: Accuracy of Billing and Account Information 

Microbiome Signatures reserves the right to refuse or cancel any order the User places. Microbiome Signatures may, at its sole discretion, limit quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, orders placed with the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Microbiome Signatures makes a change to or cancels an order, it may attempt to notify the User by using the email address, billing address, and/or phone number the User provided when making the order. Microbiome Signatures reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.

The User agrees to provide current, complete, and accurate purchase and account information for all purchases made at Microbiome Signatures’ store. The User agrees to promptly update their account and other information, including their email address and credit card numbers and expiration dates, so that Microbiome Signatures can complete the User’s transactions and contact the User as needed.

For more detail, please review Microbiome Signatures’ Return Policy.

Section 9: Use of Content 

Microbiome Signatures authorizes the use or download of a single copy of the content and materials on its website and database — and this is solely for personal, non-commercial use — if and only if the following copyright notice, or a substantially similar notice, is placed at the end of the content or material: “© 2024 Microbiome Signatures, Inc.”.

The content and material on the Microbiome Signatures website and database is protected by copyright under applicable laws. Title to such content and material remains with Microbiome Signatures or their legal owners. Any use of the content and material not permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All content and material is subject to change or termination without notice at Microbiome Signatures’ sole discretion.

Section 10: Trademarks and Trade Names  

All trademarks, service marks, trade names, logos, and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of Microbiome Signatures. You may not make any use of any Marks without the prior written consent of Microbiome Signatures.

Section 11: Notice and Takedown Procedures

If the User believes that any content or material on or within the Microbiome Signatures website or database infringes the User’s copyright, the User may request removal of such content or material (or access thereto) by contacting Microbiome Signatures at info@microbiomesignatures.com and providing the following information:

– Identification of the material that the User believes to be infringing and its location;

– Identification of the copyrighted work that the User believes to be infringed. Please describe and provide particulars of the work, and where possible, provide a copy or the location of an authorized version of the work; and

– The User’s name, address, telephone number, and email address.

Section 12: Optional Third-Party Tools 

Microbiome Signatures may provide the User with access to third-party tools that it doesn’t monitor or control in any way.

The User acknowledges and agrees that Microbiome Signatures provides access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement. Microbiome Signatures shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools.

Any use by the User of optional third-party tools offered through Microbiome Signatures is entirely at the User’s own risk and discretion and the User should ensure that they are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

Microbiome Signatures may also, in the future, offer new Services and features through the website or database (including the release of new tools and resources). Such new features and Services shall also be subject to these Terms.

Section 13: Third-Party Websites  

The User may find advertising or other content on Microbiome Signatures that links to the sites and Services of its partners, suppliers, advertisers, sponsors, licensors, and other third parties. Microbiome Signatures does not control the content or links that appear on these sites and is not responsible for the practices employed by websites linked to or from its website or database. In addition, these third-party sites or Services, including their content and links, may be constantly changing. Browsing and interaction on any other website, including websites that have a link to or from Microbiome Signatures, is subject to that website’s own terms and policies.

Microbiome Signatures is not responsible for any damages arising from and disclaims any liability associated with how third parties collect, store, use, or disclose the User’s personal information. If the User chooses to visit one of these websites, the User should review the privacy policies that govern those particular websites.

Section 14: User Comments, Feedback, and Other Submissions

If, at Microbiome Signatures’ request, the User sends certain specific submissions (for example, contest entries) or if, without a request from Microbiome Signatures, the User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), the User agrees that Microbiome Signatures may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any of those Comments. Microbiome Signatures is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

Microbiome Signatures may, but has no obligation to, monitor, edit, or remove content that it determines at its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

The User agrees that the User’s Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. The User further agrees that the User’s Comments will not contain unlawful, libelous, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Microbiome Signatures website, database, or any related website. The User may not use a false email address, pretend to be someone other than the User, or otherwise mislead Microbiome Signatures or third parties as to the origin of any Comments. The User is solely responsible for any Comments the User makes and their accuracy. Microbiome Signatures takes no responsibility and assumes no liability for any Comments posted by the User or any third party.

Section 15: Personal Information  

The User’s submission of personal information on or through Microbiome Signatures is governed by its Privacy Policy.

Section 16: Errors, Inaccuracies, and Omissions

Occasionally, some information on Microbiome Signatures may contain inaccuracies, omissions, or typographical errors, including information that relates to offers, promotions, Product descriptions, Product availability, Product pricing, shipping charges, and transit times. Microbiome Signatures reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information provided by the User is inaccurate at any time (including after the User has submitted the User’s order) without prior notice.

Microbiome Signatures assumes no obligation to update, amend, or clarify information on its website, database, or Services, including pricing information, except as required by law. No specified update or refresh date related to Microbiome Signatures should be taken to indicate that all information related to the website has been modified or updated.

Section 17: AI Notice  

Microbiome Signatures, Inc. (“we”, “us”, “our”) is committed to providing our users (“you”, “your”) with an experience that uses cutting-edge technology to maintain high-quality services. To that end, we have begun to incorporate artificial intelligence (“AI”) into our service offerings and wish to provide some detail to you on the uses and limitations of that AI. This AI Notice is in addition to, not a replacement of, any disclaimers and limitations that we may have in our terms of service (our “Terms”). Microbiome Signatures assumes no obligation to update, amend, or clarify information on its website, database, or Services, including pricing information, except as required by law. No specified update or refresh date related to Microbiome Signatures should be taken to indicate that all information related to the website has been modified or updated.

.Our use of AI is subject to the following limitations:

– We will not use AI in a fashion that directly utilizes any of your comments, feedback, other submissions, or any item constituting a “Comment” under our Terms;

– We will update the use of any AI to comply with changes in applicable law within a reasonable time frame after such changes are made; and

– The use of AI by us will be accomplished through external processing.

Over time, these limitations may change, but if such a change occurs, we will notify you on a timely basis in a manner similar to this AI Notice with details about the updates to such limitations. While our Terms already specify that use of our services are at your own risk with further limitations contained therein, we wish to particularly highlight that AI-based information is subject to further limitations in reliability. Please refer to the Medical Disclaimer in our Terms for further guidance on how to use the services that we provide. If you do not wish to use services that have the use of AI incorporated into them, please discontinue your use of our services. Otherwise, by continuing to use our services after reading this AI Notice, you acknowledge and accept our use of AI in our Services.

Section 18: Prohibited Uses

In addition to other prohibitions set forth in the Terms, the User is prohibited from using Microbiome Signatures or its content:

– for any unlawful purpose;

– to solicit others to perform or participate in any unlawful acts;

– to violate any international, federal, provincial, or state regulations, rules, or laws, or local ordinances;

– to infringe upon or violate Microbiome Signatures’ intellectual property rights or the intellectual property rights of others;

– to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

– to submit false or misleading information;

– 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 Microbiome Signatures, any other website, or the Internet;

– to collect or track the personal information of others;

– to spam, phish, pharm, pretext, spider, crawl, or scrape;

– for any obscene or immoral purpose; or

– to interfere with or circumvent the security features of Microbiome Signatures, any other website, or the Internet.

Microbiome Signatures reserves the right to terminate the User’s use of its website, database, or Services for violating any of the prohibited uses.

Section 19: Disclaimer of Warranties; Limitation of Liability 

Microbiome Signatures does not guarantee, represent, or warrant that the User’s use of its website, database, or Services will be uninterrupted, timely, secure, or error-free.

Microbiome Signatures does not warrant that the results that may be obtained from the use of its website, database, or Services will be accurate or reliable.

The information provided is “as is” and without warranties or conditions of any kind, either express or implied.

The User agrees that Microbiome Signatures may occasionally remove any Services on its website, database, or related platforms for indefinite periods of time and that it may cancel any Services at any time, without notice.

The User agrees that the User’s use of, or inability to use, Microbiome Signatures is at the User’s sole risk. Microbiome Signatures and all Products and Services delivered to the User through it are (except as stated by us) provided “as is” and “as available” for the User’s use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. No information obtained by the User from Microbiome Signatures will create any warranty not expressly stated herein.

The User uses the Services and Products at their own risk, and in no case shall Microbiome Signatures, or its Representatives (for whom it holds such rights in trust) be liable for any:

– injury, loss, or claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from the User’s use of Microbiome Signatures or any Products procured using it; or

– other claims related in any way to the User’s use of Microbiome Signatures or any Products procured using it, including, but not limited to:

  – any errors or omissions in any content;

  – any loss or damage of any kind incurred as a result of the use of Microbiome Signatures; or

  – any content (or Product) posted, transmitted, or otherwise made available via Microbiome Signatures,

even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Microbiome Signatures’ liability shall be limited to the maximum extent permitted by law.

Section 20: Indemnification

The User agrees to indemnify, defend, and hold harmless Microbiome Signatures and its Representatives from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s breach of these Terms or the documents they incorporate by reference, or of the User’s violation of any law or any right of a third party.

Section 21: Severability  

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms without affecting the validity and enforceability of any other remaining provisions.

Section 22: Termination  

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either the User or Microbiome Signatures. The User may terminate these Terms at any time by notifying Microbiome Signatures that the User no longer wishes to use the website, database, or Services, or when the User ceases using Microbiome Signatures.

If in Microbiome Signatures’ sole judgment the User fails, or it suspects that the User has failed, to comply with any term or provision of these Terms, Microbiome Signatures also may terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination. Microbiome Signatures may also deny the User access to the website, database, or any part thereof.

Section 23: Entire Agreement  

Microbiome Signatures’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted on the Microbiome Signatures website or database constitute the entire agreement and understanding between the User and Microbiome Signatures and govern the User’s use of the website and database, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the User and Microbiome Signatures (including any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be held against the drafting party.

Section 24: Governing Law

These Terms and any separate agreements whereby Microbiome Signatures provides the User any Service shall be governed by and construed in accordance with the laws of Orange County, Florida, without giving effect to any principles of conflict of law. The User agrees that any dispute, difference, controversy, or claim between the User and Microbiome Signatures or by either of them against the other or the Representatives of the other, arising out of, relating to, or having any connection with the Terms, the website, database, any use of Microbiome Signatures, any content, or any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution, or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Orange County, Florida.

Section 25: Changes to Terms of Service  

The User can review the most current version of the Terms at any time on this page.

Microbiome Signatures reserves the right, at its sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to its website or database. It is the User’s responsibility to check the website periodically for changes. The User’s continued use of or access to the website, database, or Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 26: Contact Information

Contact us for questions about the Terms of Service, or email us at info@microbiomesignatures.com