Our goal at Microbe Formulas is to create supplements that work while bringing you hope and health. But unfortunately we live in a world that we need to protect both ourselves and you. This page is all of the legal stuff that we have been told we need to have in place in order to function as a business. While our goal is to do everything possible to work with you directly to make sure you are treated fairly and with respect and in return ask that you do the same for us, this page is needed to cover those less than one percent of incidents when we need it. Again, we hope you can work together with us and really not have to ever see this page again.
Statements made within this website have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
Microbe Formulas™ strives to ship all products within 1-3 business days out of Idaho, United States. High order volumes can lead to extended shipping and processing times
USPS First Class Mail is not insured. We will not be able to provide assistance if your package is lost, stolen, or undelivered. In the event of a delivery anomaly, you will need to work directly with USPS for resolution.
Shipping within the U.S. qualifies for a flat-rate for orders under $75, and free domestic shipping for orders of $75 or more. If free shipping is chosen for an order, Microbe Formulas reserves the right to choose the carrier. Estimated/expedited shipping times visible during checkout do not take processing time into consideration and are not guaranteed by the carrier or Microbe Formulas.
Orders outside of the U.S. are initially shipped by FedEx, UPS, and USPS. Packages may be transferred to your country’s local carrier. Shipping rates are calculated at the time of your order.
Orders shipping to Canada qualify for a flat rate shipping option. Microbe Formulas reserves the right to choose the carrier when this flat rate option is chosen.
Expedited shipping options are available via FedEx and UPS.
Processing time in customs may delay the estimated arrival time.
Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to bidding or buying
Refused international shipments will be issued the appropriate refund minus the return shipping charge Microbe Formulas incurs to reclaim the product.
Microbe Formulas is not responsible in the event of damage, loss, or theft during transit. Claims must be filed with the carrier.
Where Do You Ship To?
Although we ship to most locations around the world, we currently do not ship to Africa, Germany, Kuwait, Belgium, Mexico, Spain, Belarus, Iraq, Liberia, Somalia, Ukraine, Yemen, Zimbabwe, Russia, Congo-Brazzaville *, or Congo-Kinshasu *.
We create supplements that work in an effort to restore hope and health. If you aren’t completely satisfied with your experience, it is our privilege to provide you with a 60-day return window.
What items are returnable?
- Bottles with all seals intact for a refund to your payment method
- Bottles with broken safety seals for “store credit” through our loyalty rewards program. If however the bottle is over 50% empty no rewards points will be awarded.
What items aren’t?
- Orders containing promotional items or free gifts
- Open items purchased with reward points
- Products purchased from a third party
- Empty or partial bottles with less than 50% of product remaining
As carrier issues are outside of our control, Microbe Formulas does not refund any shipping costs after the order has left our facility. Additionally, we do not provide return shipping labels unless we have sent you the wrong product. Refunds or store credit will not be issued past 60 days.
Please send all products that are being returned to the following address:
ATTN: Returns Dept.
3750 E. Pewter Falls St., Suite 100
Meridian, Idaho 83642
Returns are processed within 3-7 business days. Once your return is processed you will receive an email confirmation and the refund will appear back on the card you used to place the order within 3-5 business days.
Any order errors including mis-shipments, missing items, damaged items, etc. must be reported within 30 days of order delivery to receive resolution or correction.
Please direct any policy inquiries to our support team. Our hours are Monday to Friday from 9am to 5pm MST/MDT (Idaho).
All refunds are provided at the discretion of Microbe Formulas.
Discounts and Promotions
Only one discount code can be used per order. As such, discount codes, loyalty rewards points, subscriptions, etc. cannot be combined unless specified in promotional details.
All promotional sales are set to expire at midnight MST/MDT (Idaho) unless otherwise stated in promotion details. Discounts will not be retroactively applied to any order that has been processed.
Sales and promotions are subject to change, and cannot be combined with other coupon codes, offers, or promotions. Unless otherwise stated, promotions cannot be combined with our Subscribe and Save products or Coaching options. Promotional pricing and discounts will not apply to the purchase of Gift Cards. Microbe Formulas reserves the right to limit quantities.
Customers are enrolled in our loyalty rewards program at account initiation. Once account is activated, points can be earned in three ways:
- Shopping: Earn 10% back in credit on every order placed under your account. Points are rewarded based on the subtotal of the order, not including taxes and shipping costs.
- Learning: Earn dollars when you learn by watching Best of Live video clips.
- Sharing: Spread the word about Microbe Formulas on social media or write a review for our website. This can be done through “My Rewards” on MicrobeFormulas.com
Rewards credits can be redeemed for products at checkout in increments of $10, $25, $50, $75, or $100.
Rewards credits cannot be retroactively applied to completed orders.
Microbe Formulas is happy to provide our customers with a subscribe and save option. Subscriptions can be scheduled for intervals of 30, 60, or 90 days. Current subscriptions can be accessed, adjusted, and canceled through “My Subscriptions” on MicrobeFormulas.com.
Additional promotions or discounts above standard subscription pricing will be listed separate from the product name on the order invoice.
To qualify for free shipping, subscription item(s) subtotal must be over $150.
The shipping option chosen when a subscription is initiated will remain throughout the life of the subscription, i.e. expedited options.
Please direct any policy inquiries to our support team. Our hours are Monday to Friday from 9am to 5pm MST/MDT (IDAHO).
Review and Testimonial Disclaimer
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Microbe Formulas received the product reviews and testimonials appearing on this site from verified customers. They are individual experiences, reflecting the experiences of people who have used Microbe Formulas' products. However, they are individual results and results vary. We do not claim that these are typical results that all consumers will achieve. The product reviews and testimonials are not necessarily representative of everyone who will use our products.
The testimonials include the original wording of the writer, except for grammatical, spelling and typing edits, and removal of any customer comments that could be interpreted as therapeutic or cure drug claims attributed to their use of our products that would be prohibited by the FDA and FTC for dietary supplements
Microbe Formulas is not responsible for any of the opinions or comments posted to our site. Microbe Formulas is not a forum for testimonials; however, we provide product reviews and testimonials as a means for customers to share their experiences with visitors to our website. Microbe Formulas does not share the opinions, views, or commentary of any reviews and testimonials on this site. They are strictly the views of the reviewer.
These product reviews and testimonials are not intended to make claims that Microbe Formulas' products can be used to diagnose, treat, cure, mitigate, or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.
Affiliate Program Terms of Service
By signing up for the Microbe Formulas Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Microbe Formulas reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Program after any such changes shall constitute your consent to such changes.
We have the right to terminate an Account for any reason we see fit at any time. Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation.
GENERAL REQUIREMENTS FOR ACCEPTANCE:
- You must have an established website and/or social media following over 100 followers.
- You must be in compliance with our Terms of Service.
- No coupon or offer sites.
After receiving your application, we will review your information and notify you of your acceptance into our Program. Please allow up to 1 week for your application to be reviewed. We reserve the right to reject any application, however, we encourage you to contact us if you feel we have made an incorrect decision.
Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any law, rule or regulation.
- Contain any content that is defamatory, obscene, threatening, harassing, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
LINKING TO OUR WEBSITE:
- Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our *trademarked terms (which are identified below), including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook or any other network.
- You may not use our trademarked terms in sequence with any other keyword (e.g. Microbe Formulas Coupons).
- You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
- You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
- If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding.
Microbe Formulas, BioActive Carbon, True Detox, MicrobeFormulas.com
- You may not use a coupon or offer sites to promote our program.
- You may not submit your affiliate code to any coupon sites.
- Any transaction coming from a coupon or offer site will be reversed.
- You may ONLY advertise coupon/discount codes that are provided exclusively to you through the affiliate program.
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. microbeformulas.website.com or www.microbeformulas-coupons.com
Use of any of our trademarked terms as part of your social handle is strictly prohibited i.e. facebook.com/Microbe-Formulas-Coupons
If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
- Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
- E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Microbe Formulas.
REVERSAL & COMMUNICATION POLICY:
We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. If we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. If any of the following apply, then we reserve the absolute right to reverse orders or suspend you from the program.
- You are not forthcoming, intentionally vague or are found to be lying.
- You are not responsive within a reasonable time period.
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
Contact: firstname.lastname@example.org with questions.
This privacy notice discloses the privacy practices for microbeformulas.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third-party entity outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us securely. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Terms of Sale and Use
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone 0authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to MicrobeFormulas.com from their creation. Thus, MicrobeFormulas.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as MicrobeFormulas.com determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to MicrobeFormulas.com all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that MicrobeFormulas.com has the right but not the obligation to use and display any postings or contributions of any kind and that MicrobeFormulas.com may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not MicrobeFormulas.com. Neither MicrobeFormulas.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, MicrobeFormulas.com neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized MicrobeFormulas.com representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY MicrobeFormulas.com AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless MicrobeFormulas.com its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, 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 MicrobeFormulas.com shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Sales and promotions are subject to change, and cannot be combined with other coupon codes, offers, or promotions. Unless otherwise stated, promotions cannot be combine with our “Subscribe and Save” products or Coaching options. Microbe Formulas reserves the right to limit quantities.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
MicrobeFormulas.com may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. MicrobeFormulas.com or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by MicrobeFormulas.com staff, MicrobeFormulas.com outside contributors, or by users not connected with MicrobeFormulas.com, some of whom may employ anonymous user names. MicrobeFormulas.com expressly disclaims all responsibility and endorsement and makes 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 we, 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 MicrobeFormulas.com or any of its subsidiaries or affiliates.
MicrobeFormulas.com has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we 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.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND MicrobeFormulas.com MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL 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, 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 THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
All refunds are provided at the discretion of Microbe Formulas.
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 MicrobeFormulas.com infringe your copyright, you, or your agent may send to MicrobeFormulas.com 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 MicrobeFormulas.com 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 MicrobeFormulas.com 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. MicrobeFormulas.com’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: email@example.com.
This Agreement shall be binding upon and inure to the benefit of MicrobeFormulas.com and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of MicrobeFormulas.com. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by MicrobeFormulas.com to any affiliated entity or any of its wholly-owned subsidiaries
All disputes shall be governed by and construed in accordance with the laws of the State of Idaho and any dispute shall be subject to binding arbitration in the state of Idaho.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.