Terms and Conditions
1. Introduction.
The Terms and Conditions (“Terms”) contained herein on this webpage, shall govern the use of www.craftmicrobiome.com (“Website”) including all pages within this Website. Brief Capsules Corp. DBA Craft Microbiome (“Craft Microbiome”) owns the Website. These Terms apply in full force and effect to the use of this Website.
Accessing or using the Website, constitutes an agreement to be bound by the following provisions (collectively referred to herein below as “Agreement.”). This includes simply browsing the Website (collectively referred to herein below as “Guest”) or otherwise accessing the Website without being registered, or registering and using the Website (collectively referred to herein below as “Member”). The term "User" refers to either a Guest or a Member. The User must not use this Website if there are any objections to any of the Terms. The User is authorized to use the Website only if they agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement, regardless of whether the User’s access or use is intentional. The personalized probiotics sold by Craft Microbiome include those sold through the Website or any other affiliate (collectively referred to herein below as “Products”). In consideration for becoming a User and/or making use of the Website, acceptance of this Agreement is indicated by accessing or using the Website.
2. Variation of Terms.
Craft Microbiome may amend the Terms at any time by reasonable notice, including without limitation by posting revised terms on the Website. Notification of any amendment to the Terms shall be communicated via email. The amended Terms shall be binding once the User accepts the new terms by clicking “accept” on the Website.
3. Terms of Sale.
User represents and warrants that the User has the right to use any credit card or other means of payment that the User provides to Craft Microbiome. By providing payment card information to us, the User authorizes us to store and use the card as a payment method for purchases made through the Website and any affiliate All billing information the User provides to Craft Microbiome must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of the User’s order. Prior to accepting an order, Craft Microbiome may also request additional information from the User. Verification of information may be required prior to the acknowledgment or completion of any purchase. Craft Microbiome reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or any other problems identified by our fraud protection department. If the User’s order is canceled after the User’s credit card (or other payment account) has been charged, we will issue a credit to the User’s credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact the User if all or any portion of the User’s order is canceled or if additional information is required to accept User’s order. Craft Microbiome may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to the User; however, the User’s card issuer may hold this amount for a short period. The User’s card issuer determines the length of time the pre-authorization is held. Craft Microbiome does this to ensure that the card details are still valid and that the User has sufficient funds to complete the transaction.
By confirming the purchase at the end of the checkout process, the User agrees to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. User will not be charged until the order has shipped.
Craft Microbiome is entitled to, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify the User should such limits be applied. Craft Microbiome also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Craft Microbiome for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
4. Shipping and Delivery.
Products will be shipped to an address designated by the User, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to the User upon delivery of the Products to the carrier.
Delivery of Products purchased from the Website to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
5. Returns, Refunds, & Exchanges.
The Products must be in original unused condition to be returned. The User must return the item within 30 days of purchase. Returns must be initiated by emailing support@craftmicrobiome.com . Some Products cannot be returned if they are opened. Products that have been used, marked, damaged, or altered will not be accepted for return or exchange. All Products are subject to a 10% restocking fee, this will be deducted from the User’s refund. We also do not refund the original shipping and handling that the User paid on the order. If the User’s returned Product(s) are unopened, the User may exchange the Product(s) for a different Product(s) on the Website and of an equivalent value. The User will not be subject to a restocking fee in this case, but the User will still have to pay return shipping.
5a. Subscription Service.
5.a.1. Terms: The Guest or Member is entiled to make a one-time purchase after which Craft Microbiome will ship the Products every month to the Guest or Member for a period of twelve (12) months from the date of purchase (“Subscription”). A Monthly subscription
5a.2. Payment: Craft Microbiome will charge for the Subscription and again upon renewal and will not renew the Subscription without the consent of the Guest or Member.
5a.3. Cancellation: The Guest or Member is entitled to cancel the Subscription. To cancel, the Guest or Member shall email support@craftmicrobiome.com. Subscriptions may be canceled with (1) month notice.
6 Duration.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while the User makes use of the Website.
7. Intellectual Property.
The Services are licensed by Craft Microbiome, not sold. Except for the limited license granted in Section 3, Craft Microbiome owns all rights, title and interests, including all intellectual property rights, in and to the Services, software, materials and other related content, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Services. In addition, all content published on the Website, including, but not limited to, reports, presentations, written content, graphics, images, marks, logos, sound or video clips, and Flash or Java animation, are protected by Craft Microbiome’s copyrights or trademarks or those of Craft Microbiome’s partners. The Service may also include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and the User agrees not to use them in any manner without the prior written permission of the applicable owner. The User acknowledges and agrees they shall not use anything disclosed by Craft Microbiome in connection with this Agreement to contest the validity of any Craft Microbiome’s intellectual property (referred to herein below as “Confidential Information”). Any such use of Craft Microbiome’s information and data shall constitute a material, non-curable breach of this Agreement. Except for the limited license granted by the User in Section 2, nothing contained in this Agreement shall be construed as granting any right, title, or interest in or to any User.
8. Restrictions.
The User is expressly and emphatically restricted from, including but not limited to, all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts User access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or
may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in
relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by Users and Craft Microbiome may further restrict access for the User to any areas of this Website, at any time, in its sole and absolute discretion. Any User ID and password a Member may have for this Website is confidential and must maintain so.
9. Availibility of Services
Craft Microbiome shall use commercially reasonable efforts to have the Services available for access and use by the User during each quarter for such Services (referred to hereinafter below as the “Availability Requirement”), including any period of time during which Craft Microbiome conducts standard systems maintenance (referred to hereinafter below as “Planned Outages”). This period also includes any unavailability due to causes beyond the reasonable control of Craft Microbiome, including, without limitation: any software, hardware, or telecommunication failures; interruption or failure of telecommunication or digital transmission links; Internet slow-downs or failures; failures or default of third party software, vendors, or products; and unavailability resulting from the actions or inactions of the User or a failure of the User’s communications link or systems. In the event Craft Microbiome fails to achieve the Availability Requirement, Craft Microbiome shall use commercially reasonable efforts to correct the interruption as promptly as practicable.
10. Support
Customer will receive unlimited email support and up to 2 hours of telephone support per month. Craft Microbiome may provide additional phone support at its discretion for no charge. Support hours are 8am-5pm, Central Standard Time, subject to change by Craft Microbiome upon notice to Customer.
11. Limitation of liability.
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CRAFT MICROBIOME NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICE, CONTENT OR OTHER MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OTHER INTANGIBLE LOSSES
11.2 THE USER’S SOLE AND EXCLUSIVE REMEDY WILL BE A REFUND IN THE AMOUNT OF MONEY PAID TO CRAFT MICROBIOME OVER A TWELVE MONTH PERIOD.
11.3 SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER. IN SUCH STATES/JURISDICTIONS, CRAFT MICROBIOME’S LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11.4 NEITHER PARTY SHALL BE HELD LIABLE OR RESPONSIBLE TO THE OTHER PARTY NOR BE DEEMED TO HAVE BREACHED THIS AGREEMENT FOR FAILURE OR DELAY IN FULFILLING OR PERFORMING ANY TERM OF THIS AGREEMENT TO THE EXTENT, AND FOR SO LONG AS, SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE AFFECTED PARTY INCLUDING BUT NOT LIMITED TO FIRE, FLOODS, EMBARGOES, LABOR DISTURBANCES, ACTS OF GOD OR ACTS, OMISSIONS OR DELAYS IN ACTING BY ANY GOVERNMENTAL AUTHORITY OR THE OTHER PARTY.
12. Indemnification.
12.1 Craft Microbiome will indemnify and defend the User from any claim, demand, action, proceeding, judgment, or liability arising out of a claim by a third-party that the User’s use of the Services in conformance with the terms of this Agreement infringes a United States copyright. The foregoing indemnification obligation of Craft Microbiome is contingent upon the User promptly notifying Craft Microbiome in writing of such claim, permitting Craft Microbiome sole authority to control the defense or settlement of such claim, and providing Craft Microbiome reasonable assistance in connection therewith. If a claim of infringement under this Section 12.1 occurs, or if Craft Microbiome determines a claim is likely to occur, Craft Microbiome will have the right, in its sole discretion, to either: (i) procure for the User the right or license to continue to use the Services free of the infringement claim; or (ii) modify the Services to make it non-infringing, without loss of material functionality. If either of these remedies is not reasonably available to Craft Microbiome, Craft Microbiome may, in its sole discretion, immediately terminate the Services and return the prorated portion of any prepaid, unused fees for future use of the infringing Services.
12.2 Notwithstanding Section 7.1, Craft Microbiome shall have no obligation with respect to any claim of infringement that is based upon or arises out of Excluded Claims. “Excluded Claims” are the following: (i) the use or combination of the services with any hardware, software, products, data or other materials not provided by Craft Microbiome; (ii) modification or alteration of the Services by anyone other than Craft Microbiome; (iii) the User’s use of Services in excess of the rights granted in this Agreement; or (iv) a business method or process that is inherent to the User’s business. The provisions of Section 7 state the sole and exclusive obligations and liability of Craft Microbiome and its licensors and suppliers for any claim of intellectual property infringement arising out of or relating to the Services and/or this Agreement and are in lieu of any implied warranties of non-infringement, all of which are expressly disclaimed.
12.3 Craft Microbiome will offer no indemnification and the User will indemnify and defend Craft Microbiome from any claim, demand, action, proceeding, judgment, or liability to a third-party claim arising out of (i) an Excluded Claim; or (ii) Craft Microbiome’s authorized use of the User Content; or (iii) a User trespasses or causes damage to the property of a third-party while using the Services or Materials. The foregoing indemnification obligation of the User is contingent upon Craft Microbiome promptly notifying the User in writing of such claim, permitting the User sole authority to control the defense or settlement of such claim, and providing the User reasonable assistance in connection therewith.
13. Severability.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
14. Assignment.
The User may not assign this Agreement (for purposes Section 10 a change of control of the User or assignment by operation of law is deemed an assignment) without Craft Microbiome’s prior written authorization, which shall not be unreasonably withheld. Any such permitted assignment, however, shall not increase the scope (including any material change in the size of the User’s organization) of the license granted hereunder without payment of Craft Microbiome’s then current fees for any increased scope. Any delegation or assignment in violation of the foregoing provisions shall be void and deemed a material breach of this Agreement. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns. Notwithstanding anything to the contrary herein, Craft Microbiome may assign this Agreement without the User’s consent, including (but not limited to) any assignment to an affiliate, or in the event of a merger, acquisition, or sale of substantially all of Craft Microbiome’s assets.
15. Disputes.
15.1 This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions. Users and Craft Microbiome agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or use of the Website.
15.2 EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15.3 BY WAIVING THE JURY TRIAL, IN THE EVENT THAT THE PARTIES ARE NOT ABLE TO RESOLVE A DISPUTE ARISING OUT OF OR CONCERNING THIS AGREEMENT, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHEREISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATON ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN MILWAUKEE, WISCONSIN. THE ARBITRATOR’S AWARD SHALL BE FINAL, AND JUDGEMENT MAY BE ENTERED UPON IT IN ANY WISCONSIN COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISIS OUT OF OR CONCERNS THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY’S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARD TO THESE TERMS OR ANY DISPUTES ARISING AS A RESULT OF THIS AGREEMENT, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THIS AGREEMENT. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.
For any questions or concerns about this Agreement, please contact Craft Microbiome at support@craftmicrobiome.com