Terms of Use

Acceptance of Terms of Use
‍Please carefully read these Terms of Use ("Terms," "Terms of Use"), which govern your use of inFoodsIBS.com (the “Site”), and the products and services associated with the inFoods® IBS Product (collectively the “Service” or “Services”) operated by Biomerica Inc. which is the sole and exclusive owner of inFoodsIBS.com. This agreement between you and Biomerica Inc. (also referred to herein as “the Company,” “inFoods IBS,” "us," "we," or "our"), constitutes a binding agreement between you and inFoods® IBS. Your access to and use of the Site, and Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By checking the “I agree” box when creating an inFoods IBS account, or otherwise accessing or using the Site, or Service, you agree to be bound by these Terms as well as inFoods IBS’ Privacy Policy. If you disagree or refuse to comply with any part of any of these Terms then you do not have permission to access the Site, or Service.

Your Relationship with Us
inFoods® IBS is powered by Ethos Laboratories, a CLIA and CAP-accredited high-complexity lab. inFoods® IBS is an immunoassay-based Laboratory Developed Test (LDT) designed for the determination of food-specific IgG antibodies in serum that may cause or trigger symptoms in IBS patients. This test has not been cleared or approved by the FDA. Ethos Laboratories is regulated under CLIA as qualified to perform high-complexity testing. Discuss the test results and any treatment plans with your healthcare provider.
However, the elimination of foods identified by inFoods® IBS may not improve your IBS symptoms and otherwise may not improve your health or quality of life. inFoods® IBS is not a medical practice and does not offer medical advice, diagnosis, or treatment. The information and services provided by inFoods® IBS are for informational purposes only.
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Return Policy:
inFoods® IBS provides a Laboratory Developed Test that identifies foods that you should eliminate or remove from your diet to potentially alleviate your irritable bowel syndrome (IBS) symptoms if any. Please note that once a sample has been processed, no refunds will be issued. If your sample has not yet been run, you may be eligible for a refund. To request a refund for an unprocessed sample, please contact our customer service team. Refund requests will be reviewed on a case-by-case basis.

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‍Marketing
‍By providing your cell phone number and/ore mail address to this site or otherwise consenting to these Terms of Use, you are providing prior express written consent to be contacted by or on behalf of inFoods® IBS and its affiliated providers (including marketing and telephonic sales communications). This includes emails to your email address and calls and text/SMS messages to the cell phone number that you provided to inFoods® IBS, including calls or text messages placed using an automated system for the selection or dialing of telephone numbers and the playing of an artificial or recorded message when a connection is completed to a number called, and the transmission of prerecorded messages. You may opt-out of receiving text and SMS messages from inFoods or its affiliates providers at any time by replying with the word STOP from the mobile device receiving the messages. You are not required to directly or indirectly provide this consent or sign the written agreement or agree to enter into such an agreement as a condition of purchasing any goods, or services from inFoods IBS. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging. If you wish to create an account or use inFoods IBS’ products and services without providing consent to sales or marketing messages, please send an email to info@infoodsibs.com indicating your decision, so that we can ensure you do not receive any marketing or sales messages. You will still receive test informational and transactional messages if you choose to use our service.

‍Disputes and Arbitration Provision
‍Any controversy, dispute or claim arising out of, or relating in any way to these Terms or your use of the Site,  or Service will be resolved by confidential binding arbitration rather than in court.  This arbitration agreement includes controversies, disputes, or claims that arose or involve facts occur before the existence of this or any prior version of these Terms of Use as well as claims that may arise after the termination of these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. Your claims cannot be brought as a class action. However, an arbitrator can award on an individual basis the same damages and relief as a court. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

To begin an arbitration proceeding, you must first send a written letter to inFoods IBS concerning your claim. The letter should be addressed to: Biomerica, Inc. Attn: Legal Office, 17571 Von Karman Ave.  Irvine, CA  92614. If the Company elects to begin an arbitration proceeding, it will send you a written letter to the most recent address we have on file or in our records for you. A letter, whether sent by you or by The Company, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If The Company and you do not reach an agreement to resolve the claim within thirty (30) days after the letter is received, you or The Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Company or you prior to the arbitration shall not be disclosed to the arbitrator. To initiate arbitration, you may download a “demand for arbitration” form from the American Arbitration Association (“AAA”) at www.adr.org. The arbitration shall be conducted before one commercial arbitrator from the AAA, and will be governed by the AAA’s Consumer Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes.

The Company and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. If for any reason a claim proceeds in court rather than in arbitration, The Company and you each waive any right to a jury trial. Not with standing anything to the contrary herein, The Company and you agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights of the other party.

‍Purchases
‍If you wish to purchase any product or service made available through the Service (individually and collectively, a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that (i) any credit /debit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company, (iii) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the credit / debit card was issued and you are authorized to make a purchase or other transaction with the relevant credit / debit card and information.

The service may employ the use of third-party services for the purpose of facilitating the payment and completion of any Purchase. By submitting your information, you grant us the right to provide the information to these third parties pursuant to our Privacy Policy.

For your convenience and to simplify the purchase process, our products and/or services may list a single total price for the collective products and/or services included in this purchase. If the product and/or services include medical services from our affiliated Medical Groups, the total price includes the amounts charged by the Medical Groups for their services. These charges are collected by inFoods IBS on behalf of and paid to these Medical Groups and pharmacies.

‍Agreement for Self-payment of Services
inFoods® IBS and our affiliated Medical Groups are committed to providing the best quality healthcare services. We do not participate in any insurance plans, including Medicare or Medicaid, and we do not accept any health insurance payment for our products and services. Our services are 100% self-pay by you, and you agree to be responsible for full payment of the listed price of the services.

Authorization and Consent for Diagnostic Testing  

a. I voluntarily consent and authorize CWI Physician Partners P.C., a California Professional Corporation; CWI Physician Partners P.C., a Hawaii Professional Corporation; CWI Physician Partners P.C., a Georgia Professional Corporation; CWI Physician Partners P.A., a Kansas Professional Association; CWI Physician Partners P.C., an Oregon Professional Corporation;  CWI Physician Partners P.C., a Nevada Professional Corporation, CWI Physician Partners P.C., a Rhode Island Professional Corporation;  CWI Physician Partners P.C., an Oklahoma Professional Corporation to review the collection, testing, and analysis for the purposes of a diagnostic screening test.

I understand that there are risks and benefits associated with undergoing a diagnostic screening testing and there may be a potential for false positive or false negative test results. I assume complete and full responsibility to take appropriate action with regards to my test results.  Should I have question or concerns regarding my results, or a worsening of my condition, I shall promptly seek advice and treatment from an appropriate medical provider. I further acknowledge the following:

i. I am the individual who will provide the sample for the Test(s) that I am requesting or I am the parent or legal guardian of a minor who is providing the sample for testing. 

ii. I am at least eighteen (18) years of age or I am the parent or legal guardian of a minor who is providing the sample for testing. 

iii. I have read and understand the information provided about the Test(s) that I have been provided on the website where I requested the Test.

iv. The information I have provided in connection with my request to CWI is correct to the best of my knowledge. I will not hold or its employees or agents responsible for any errors or omissions that I may have made in providing such information.

v. My health information and results may be shared with CWI employees and agents for the purpose of ordering, processing, and reporting my results.

vi. Medical Services provided by CWI are purely for diagnostic assistance purposes and do not create a physician-patient relationship, and do not constitute medical care or diagnosis or treatment of any condition, disease, or illness.

vii. I authorize CWI to contact me via text message to communicate with me regarding my test.  

2. Patient Rights and Privacy Practices

a. Notice of Privacy Practices and Patient Rights: CWI Physician Partners P.C. Notice of Privacy Practices describes how it may use and disclose your protected health information for other purposes that are permitted or required by law.  To review a copy of CWI Physician Partners P.C. Notice of Privacy Practices, go to www.CynergyWellness.com.

b. Disclosure to Government Authorities: I acknowledge and agree that my test results and associated information may be disclosed to appropriate county, state, or other governmental and regulatory entities as may be permitted by law.  

3. Release

a. To the fullest extent permitted by law, I hereby release, discharge and hold harmless, CWI including, without limitation, any its respective officers, directors, employees, representatives and agents from any and all claims, liability, and damages, of whatever kind or nature, arising out of or in connection with any act or omission relating to my diagnostic test or the disclosure of my test results.

b. By selecting the ACKNOWLEDGEMENT during the registration process for diagnostic testing, I acknowledge and agree that I have read, understand, and agreed to the statements contained within this form. I have read the contents of this form in its entirety and voluntarily consent to proceed with these procedures.  


‍Availability, Errors, and Inaccuracies
‍We are constantly updating product and service offerings on the Site, and Service. We may experience delays in up dating in formation on the Site, or Service and in our advertising on other websites. The information found on the Site, or Service may unintentionally contain errors or inaccuracies and may not be complete or current. Products or services may be unintentionally mispriced, described inaccurately, or unavailable on the Site, or Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update any information and to correct any errors, inaccuracies, or omissions on or in connection with the Site, the Service, these Terms, or otherwise, at any time and without prior notice.
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Contests, Sweepstakes, and Promotions
‍Any contests, sweepstakes, or other promotional activities (collectively, "Promotions") made available through the Service may be governed by rules that are separate from or in addition to these Terms. If you participate in any Promotions, please review the applicable terms and rules of such Promotions as well as our Privacy Policy. If the terms or rules for a Promotion are inconsistent or conflict with these Terms of Use, the conflicting Promotion terms or rules will control.

‍Accounts
‍When you create an account with us or use the Service, you represent and warrant that: (i) you have the legal capacity and agree to comply with these Terms; (ii) you are above the age of eighteen (18);(iii) you will not use the Site, App, or Service for any illegal or unauthorized purpose; and (iv) that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, fraudulent or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to any necessary restriction of access to your computer (or mobile or other device) and/or account. You agree to accept responsibility for any and all activities or actions that occur through your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately if you suspect or become aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity, a name that is not lawfully available for use, or any name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

‍Copyright Policy
‍We respect the intellectual property rights of others. It is our policy to respond to any claim that protected content posted on the Site and/or through the Service infringes on the copyright or other intellectual property rights (collectively, "Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been utilized in a way that constitutes copyright infringement, please submit your claim via mail to the address found above in the Disputes and Arbitration Provision section,  and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or fraudulent or bad-faith claims regarding the infringement of any content found on and/or through the Site, or Service. 

‍DMCA Notice and Procedure for Copyright Infringement Claims
‍You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the copyright (or other exclusive right)that is allegedly infringed.
(ii) Identification of the copyrighted work (or list of works, if multiple copyrighted works at a single online site a recovered by a single notification) claimed to have been infringed, including the relevant URL (i.e., web page address).

(iii) Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit one to locate the identified material.

(iv) Information reasonably sufficient to permit one to contact you or the complaining party, such as an address, telephone number, and email address.

(v) A statement that you or the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you or the complaining party are authorized to act on behalf of the copyright (or other exclusive right) owner that is allegedly infringed.

You can contact our Copyright Agent via emailat info@inFoodsIBS.com

Intellectual Property
‍Unless otherwise indicated, the content, features, and functionality of the Site, products, and Service (collectively, “Content”), and our trademarks, service marks, logos, and trade dress (collectively, “Marks”), are and will remain the exclusive, proprietary property of the Company and its licensors, successors, and/or assigns. The Site, Service, Content, and Marks are protected by copyright, trademark, and other applicable rights and laws of the United States, foreign jurisdictions, and international conventions. Our Content and Marks may not, without the prior written consent of the Company, be: (i) copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, reverse-engineered, sold, licensed, or otherwise exploited; or (ii) used in connection with any product or service. We reserve all rights in and to the Site, Service, Content, and Marks not expressly granted to you herein.

‍Links To Other Websites
‍Our Site, or Service may contain links to third party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third parties or their services or websites.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused (or alleged to be caused) by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

‍Electronic Communications
‍When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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‍Termination
‍We may terminate or suspend your account and/or bar your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, without limitation, as a result of your breach of these Terms or our Privacy Policy or your use of the Services in a manner that would potentially cause us legal liability, disrupt the Services, or disrupt others’ use of the Services. If any such termination, suspension (or potential termination or suspension) is the result of a curable breach or infringing activity, we may provide you, at our sole discretion, with reasonable notice of such breach or activity in order to provide you with a chance to remedy the breach or activity that resulted (or may result) in our termination or suspension of your account.

If you wish to terminate your account, you may simply discontinue using the Service. You are free to stop using the Services at any time.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.

‍Indemnification
‍You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, licensees, successors and assigns, and each of their directors, officers, employees, agents, partners, contractors, or suppliers (collectively, the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) resulting from or arising out of: (i) your use and access of the Service, by you or any person using your account and password; and/or (ii) your breach of these Terms or the Privacy Policy.

Limitation Of Liability
‍In no event shall the Company or the Indemnified Parties be liable for any indirect, incidental, special, consequential or punitive damages (whether or not we have been informed of the possibility of any such damages) based on any causes of action, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of (or inability to access or use) the Site, or Service or any performance error, omission or interruption in connection thereto; (ii) any conduct or content of any third party on the Site, or Service; (iii) any content obtained from the Site, or Service; and(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory or basis, and even if a remedy set forth herein is found to have failed of its essential purpose.

‍Disclaimer
‍Your use of the Site, and Service is at your sole risk. The Site, and Service are provided on an "AS-IS" and "AS AVAILABLE" basis. The Site, and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Neither the Company nor the Indemnified Parties warrant that: (i) the Service will function in an uninterrupted manner, function securely or be available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

‍Exclusions
‍If certain jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, the limitations herein will apply to you only to the extent permitted by applicable law.

‍Governing Law
‍These Terms—including the formation of this Agreement between You and inFoods IBS—shall be governed and construed in accordance with the laws of the state of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

‍Changes
‍We reserve the right, at our sole discretion, to amend, modify, or replace these Terms at any time. If a revision consists of a material change, we will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

‍Contact Us
‍If you have any questions about these Terms, please contact us at the below addresses.

info@inFoodsIBS.com