Website Terms of Use

Date Effective: May 8, 2025

1. General Information

This website, including any of its subdomains and other Company-owned or Company-controlled websites, platforms, portals, or digital properties (collectively, the “Site”), is owned and operated by Microbiome Consulting, LLC (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the Site, including any content, functionality, programs, products, services, or other offerings made available through the Site or via any digital platform used by the Company to deliver its services.

By accessing or using the Site in any manner, whether automated or otherwise, you agree to be legally bound by these Terms, our Privacy Policy, our Return Policy, our Shipping Policy, and any additional terms, policies, or disclaimers that may apply to specific pages, features, or transactions. If you do not agree to these Terms, you must discontinue use of the Site immediately.

You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement with the Company.

2. Hierarchy of Legal Terms

Please note that these Terms apply to your general use of the Site only. If you purchase or enroll in any of our educational programs, services, products, or other offerings, those transactions will be governed by a separate Terms of Service. In the event of a conflict between these Terms and any other applicable terms:

1. The Privacy Policy will govern data use and protection.
2. Specific Terms of Service or program agreements will govern paid offerings.
3. These Terms of Use will apply to general access and use of the Site.

3. Updates and Changes

We reserve the right to update, change, or replace any part of these Terms at our discretion. Updates will be posted on this page with the updated Effective Date noted above. All changes take effect immediately upon posting and apply to all use of the Site thereafter.

It is your responsibility to review these Terms periodically. By continuing to access or use the Site after any changes are posted, you agree to be bound by the revised Terms.

4. Site Availability

We reserve the right to modify, suspend, or discontinue the Site, or any portion of it, at any time without notice. You agree that we are not liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part of its content or services.

5. Intellectual Property Rights

All content and materials on this Site, including but not limited to text, images, graphics, logos, icons, videos, audio clips, downloads, digital products, and the overall design and arrangement of such content, are the intellectual property of Microbiome Consulting, LLC or its licensors, and are protected by United States and international copyright, trademark, and other intellectual property laws.

The Company name, logo, and any related names, slogans, designs, or service marks are the exclusive property of the Company or its affiliates and may not be used without prior written permission.

6. Our Limited License to You

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use this Site and its content for your personal, non-commercial use only, subject to these Terms.

You may download or print one copy of content from the Site for personal reference, provided that you retain all copyright, trademark, and other proprietary notices. However, you may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, transmit, or otherwise exploit any content from this Site without express written permission from the Company.
• Use the Site or any content for commercial purposes or for any use that competes with our business or misrepresents affiliation with us.
• Frame or mirror any part of the Site on another website or online service without prior written consent.
• Use any robot, spider, scraper, crawler, AI model, automation tool, or other data extraction or data mining technology to access, collect, copy, or index content from the Site for any purpose.
• Upload or input any Site content into large language models, AI tools, or machine learning systems for training or analysis purposes, unless you have obtained our prior express written consent.

Violation of these terms will result in immediate revocation of your license and may lead to legal action.

7. Your Submissions and License to Us

If you voluntarily submit or post any content to the Site or on our social media platforms, including comments, testimonials, photos, or other feedback, you grant the Company a royalty-free, non-exclusive, perpetual, irrevocable, and worldwide license to use, reproduce, edit, publish, and display such content for business, marketing, and promotional purposes, in any medium now known or developed in the future.

By submitting content, you represent and warrant that:

• You own the content or have obtained all necessary rights and permissions to grant this license;
• Your content does not violate the rights of any third party; and
• You are at least 18 years old.

The Company has the right, but not the obligation, to use or remove any submissions at its sole discretion.

8. Practitioner Directory

As a public resource, this Site provides access to a Practitioner Directory that lists health and wellness professionals who may offer services related to gut health or other related fields. The Practitioner Directory is made available for general informational and educational purposes only.

Inclusion in the Practitioner Directory is based on user participation in certain paid programs or services, and profiles are submitted directly by the practitioners themselves. We do not vet, verify, monitor, or endorse the qualifications, practices, availability, or effectiveness of any practitioner listed. The inclusion of a practitioner in the directory does not constitute a recommendation, referral, or endorsement by the Company.

By using the Practitioner Directory, you acknowledge and agree that:

• The Directory is intended for general educational and informational use only, and not as a source of medical advice or referrals.
• You are solely responsible for evaluating and selecting any practitioner. We encourage you to conduct your own due diligence before engaging with any listed provider.
• The Company is not liable for any outcome, experience, or services provided by any practitioner listed, nor for any errors or omissions in practitioner profile information.
• Inclusion in the Directory does not constitute a recommendation, endorsement, partnership, or verification by the Company.

We reserve the right to modify, update, or remove the Practitioner Directory or any listings within it at any time without notice.

9. Disclaimers, No Guarantees, and No Warranties

The Site and all content, materials, programs, and services made available through it are provided solely for general informational and educational purposes. While certain content may be authored or presented by licensed professionals, nothing on the Site should be construed as personalized medical, legal, or professional advice. Your use of the Site does not create a provider-client or provider-patient relationship with Microbiome Consulting, LLC or any of its practitioners, affiliates, or contributors.

We make no guarantees or assurances regarding any results, outcomes, or success that may be achieved from your use of the Site or any products, programs, or services offered. Testimonials, case studies, or success stories shared on the Site are illustrative in nature and do not represent or guarantee that you or any third party will achieve the same or similar outcomes.

For more information about the limitations of Site content, professional responsibility, product recommendations, and third-party references, please refer to our full General Disclaimer, which is expressly incorporated into these Terms.

The Site, its content, and any products or services offered are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permitted under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, and availability. The Company does not warrant that the Site or any part thereof will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that the content will be accurate or reliable. You use the Site and any associated content or services at your sole risk.

10. Third-Party Content & Linking

This Site may contain links to third-party websites or services that are not owned or controlled by the Company. These links are provided for your convenience only. Inclusion of a third-party link does not imply endorsement, sponsorship, or recommendation by the Company.

We are not responsible for the content, privacy practices, or terms of any third-party websites. You access and use third-party content entirely at your own risk.

You may create a hyperlink to our Site so long as the link does not falsely suggest any sponsorship or endorsement by us. However, you may not frame, inline link, scrape, or otherwise incorporate any part of our Site or its content into another website or service without our prior written consent.

We reserve the right to revoke linking permission at any time and for any reason.

11. Online Commerce

From time to time, the Site may include links to third-party websites or platforms where products or services are offered for sale. These third-party offerings are not operated, controlled, or endorsed by Microbiome Consulting, LLC, and the Company makes no representations or warranties of any kind regarding their quality, safety, accuracy, or reliability.

If you choose to make a purchase from a third party linked through the Site, the transaction is solely between you and that third party. The information you share during such transactions, including payment and contact details, may be governed by the third party’s own privacy and data collection policies. You should review their terms and policies independently. We disclaim any liability related to third-party transactions or interactions, and you agree to release the Company and its affiliates from any claims, losses, or damages arising from such dealings.

Any purchases of programs, courses, or products offered directly by Microbiome Consulting, LLC are governed by our separate Terms of Service. These Website Terms of Use apply only to your general access to and use of the Site.

You agree to use the Site and any purchase opportunities made available through it for lawful purposes only. You further agree to be financially responsible for all purchases made by you or on your behalf through the Site and to provide accurate, current, and complete information in connection with any such transaction.

12. Community and Interactive Features

This Site may include access to a private online community forum or other interactive areas that allow customers and program participants to connect, post content, and engage in peer-to-peer discussion (collectively, the “Community”). Participation in the Community is a privilege offered to eligible users and is subject to these Terms.

The Community is provided solely as a networking and discussion space for individuals who have purchased or enrolled in certain Company programs. It is not a direct communication channel to the Company, and the Company does not provide individualized support, coaching, or responses within the Community. Company staff may occasionally post announcements or general updates, but the Company does not monitor or actively participate in all discussions.

You are solely responsible for any content you post, transmit, or share through the Community, and you agree to use respectful, lawful, and professional conduct at all times. You agree not to:

• Post content that is unlawful, defamatory, harassing, discriminatory, obscene, vulgar, or otherwise inappropriate;
• Promote, advertise, or solicit business, products, or services without express written permission;
• Infringe on the intellectual property, privacy, or publicity rights of others;
• Post false, misleading, or deceptive information or impersonate another person or entity;
• Upload any material that contains viruses, malware, or other harmful code or content that disrupts or damages the Community or user experience.

The Company reserves the right, but not the obligation, to monitor, edit, remove, or restrict access to any content or user in its sole discretion. The Company also reserves the right to modify, suspend, or discontinue the Community, or any related features, at any time and for any reason, without notice or liability. Access to the Community is not guaranteed and may be revoked or discontinued at the Company’s discretion.

Any information shared by users in the Community reflects their own views and experiences and does not constitute advice, endorsement, or approval by the Company. You agree not to rely on any Community content as a substitute for professional, legal, or medical advice, and you use the Community at your own risk.

13. Account Registration and Security

To access certain features of the Site, including participation in the Community or practitioner directory, you may be required to create an account and provide certain registration details such as your name, email address, and other information. You agree that all information you provide to register for an account or otherwise submit through the Site is true, accurate, current, and complete. If we have reason to believe the information you provide is inaccurate, incomplete, or fraudulent, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site.

You are responsible for maintaining the confidentiality of your account login credentials, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You also agree to log out of your account at the end of each session and to take reasonable precautions to prevent unauthorized access.

The Company is not liable for any loss or damage arising from your failure to protect your account credentials or to comply with this section.

Your personal information submitted during registration will be handled in accordance with our Privacy Policy.

14. Termination

We reserve the right to suspend or terminate your access to the Site, or any part thereof, at any time and for any reason, including without limitation for violations of these Terms, suspected fraudulent or illegal activity, or conduct that we believe is harmful to other users, the Company, or third parties.

In the event of termination, your right to use the Site will immediately cease, and we may delete or deactivate your account and related information. We are not obligated to provide notice prior to termination or deletion of your account.

All provisions of these Terms that by their nature should survive termination shall survive, including, but not limited to, intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

15. Limitation of Liability

To the fullest extent permitted by law, Microbiome Consulting, LLC and its affiliates, officers, directors, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to lost profits, loss of data, business interruption, personal injury, or property damage, arising out of or related to your access to or use of (or inability to access or use) the Site, any content therein, or any services or products made available through the Site, even if we have been advised of the possibility of such damages.

This limitation applies regardless of the legal theory under which such liability is asserted, including contract, tort (including negligence), strict liability, or otherwise. In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law.

Your sole and exclusive remedy for dissatisfaction with the Site or its content is to stop using the Site.

16. Indemnification

You agree to indemnify, defend, and hold harmless Microbiome Consulting, LLC, its officers, directors, employees, contractors, agents, affiliates, licensors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use or misuse of the Site or any content, services, programs, or products made available through the Site; (b) your violation of these Terms or any applicable law, rule, or regulation; (c) any content or materials you submit, post, transmit, or otherwise make available through the Site, including but not limited to any infringement or misappropriation of the intellectual property or proprietary rights of any third party; or (d) your gross negligence or willful misconduct.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with such defense. This indemnification obligation shall survive the termination of your use of the Site and any related services.

17. Dispute Resolution

In the event of any controversy, claim, or dispute arising out of or relating to these Terms or your use of the Site, you and Microbiome Consulting, LLC agree to first make a good faith effort to resolve the matter informally through direct discussions and, if necessary, through non-binding mediation conducted in Pennsylvania, with each party responsible for its own costs.

If the dispute is not resolved within sixty (60) days of the initial written notice of dispute, either party may submit the matter to final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator in Pennsylvania, unless otherwise agreed in writing by the parties. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Each party shall be responsible for its own legal fees and expenses incurred in connection with the arbitration, and shall share equally in the fees and costs of the arbitrator and AAA unless otherwise determined by the arbitrator.

By agreeing to these Terms, both parties waive any right to a jury trial and agree that Pennsylvania is a proper and convenient forum for any such proceedings. To the fullest extent permitted by law, you and the Company waive any defense based on forum non conveniens.

18. Class Action Waiver

You agree that any claims or disputes arising out of or relating to these Terms or your use of the Site shall be brought solely on an individual basis. You expressly waive the right to bring or participate in any form of class, collective, consolidated, or representative action or arbitration.

Unless mutually agreed otherwise in writing, the arbitrator shall not have the authority to hear or decide any claims on a class or representative basis or to consolidate the claims of more than one individual.

19. Governing Law

These Terms and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict of law principles.

You agree that any legal proceedings, including arbitration, shall take place exclusively in Pennsylvania, and you consent to the personal jurisdiction and venue of such forums. You further waive any defense of inconvenient forum (forum non conveniens) in connection with such proceedings.

20. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or your use of the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such claim or cause of action is permanently barred.

21. Digital Millennium Copyright Act (DMCA) Notice

Microbiome Consulting, LLC respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe in good faith that any content available on or through the Site infringes your copyright, you may submit a written notification pursuant to 17 U.S.C. § 512(c) to the designated agent identified below.

To be effective, your notice must be in writing and include the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

DMCA notices should be sent to [email protected]. 

Pursuant to the DMCA, it is our policy to terminate, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We also reserve the right to remove or disable access to any content alleged to be infringing and to take such further action as we deem appropriate, without prior notice and without obligation to any user.

Knowingly submitting a false or materially misleading claim under the DMCA may result in legal liability. You are encouraged to consult with legal counsel before submitting a notification.

22. Severability and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect as if the invalid or unenforceable provision had never been included. These Terms, together with our Privacy Policy, any applicable Terms of Service, disclaimers, and any additional legal notices published on the Site, constitute the entire agreement between you and Microbiome Consulting, LLC with respect to your use of the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Microbiome Consulting, LLC. We may assign, transfer, or delegate any of our rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, sale of assets, or other corporate reorganization.

24. Waiver

No failure or delay by Microbiome Consulting, LLC in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other right. Any waiver must be in writing and signed by an authorized representative of the Company.

25. Force Majeure

Microbiome Consulting, LLC shall not be held liable or responsible for any failure or delay in performance under these Terms when such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, governmental actions, laws or regulations, wars, terrorism, labor strikes, power outages, internet or telecommunications failures, or any other event that could not have been reasonably foreseen or prevented. Performance shall be suspended for the duration of such force majeure event.

26. Changes to Terms

We reserve the right, in our sole discretion, to modify or update these Terms at any time. When changes are made, the revised Terms will be posted on this page and the "Date Effective" at the top will be updated. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. You are responsible for reviewing these Terms periodically to ensure that you are aware of any modifications.

27. Contact

All feedback, questions, support requests, or notices relating to these Terms or your use of the Site should be directed to us at [email protected].