TERMS OF USE

Last Updated: September 9, 2025

AGREEMENT TO TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you”) and The Metabolic Clinic of Idaho, LLC, doing business as The Metabolic Clinic of Idaho (“TMCI,” “we,” “us,” or “our”), regarding your access to and use of www.tmc-idaho.com and any related media channels, mobile sites, or applications (collectively, the “Site”). By accessing the Site, you confirm you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Site.

Supplemental terms posted on the Site are incorporated by reference. We may modify these Terms at any time. We will update the “Last Updated” date when changes are made, and your continued use of the Site after posting constitutes acceptance of the changes.

The Site is not intended for use in any jurisdiction where such use would be unlawful or subject us to registration in that jurisdiction. If you access the Site from another location, you do so on your own initiative and are responsible for compliance with local laws.

The Site is intended for users 18 years of age or older.

MEDICAL & WELLNESS DISCLAIMER (IMPORTANT)

Content on the Site is for informational and educational purposes only and is not medical advice. It does not establish a provider-patient relationship, and it is not a substitute for diagnosis or treatment from a licensed healthcare professional. Do not ignore professional medical advice because of something you read on the Site. If you are experiencing a medical emergency, call 911 immediately. Any services or products referenced may not be appropriate for every individual; eligibility and appropriateness are determined by a licensed provider through a separate clinical process.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos (the “Marks”) are owned or controlled by us or licensed to us and are protected by applicable intellectual property and unfair competition laws. The Content and Marks are provided “AS IS” for personal, non-commercial use.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Site and to download or print portions of the Content to which you have lawful access solely for personal, non-commercial use. All rights not expressly granted are reserved.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have legal capacity and agree to comply with these Terms; (2) you are not a minor; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any unlawful or unauthorized purpose; and (5) your use complies with applicable laws and regulations. If any information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate access.

PROHIBITED ACTIVITIES

You agree not to:

1. Systematically retrieve data or Content to create or compile a database or directory without our written permission.

2. Make unauthorized use of the Site, including harvesting emails or creating accounts by automated means or under false pretenses.

3. Use purchasing agents or the Site to advertise or sell goods/services not authorized by us.

4. Circumvent, disable, or interfere with security-related features.

5. Frame or link to the Site without authorization.

6. Trick, defraud, or mislead us or other users.

7. Misuse support services or submit false reports.

8. Use robots, spiders, scrapers, data-mining tools, scripts, or other automated means.

9. Interfere with or place an undue burden on the Site or connected networks.

10. Impersonate another user or person.

11. Sell or transfer your profile.

12. Use information from the Site to harass, abuse, or harm another person.

13. Use the Site to compete with us or for any revenue-generating endeavor or commercial enterprise not authorized by us.

14. Reverse engineer, decompile, or disassemble any Site software.

15. Bypass access-control measures.

16. Harass, intimidate, or threaten our personnel.

17. Remove copyright or proprietary notices.

18. Upload or transmit viruses, malware, or anything designed to interfere with functionality, or excessive spam (including repetitive text or all-caps abuse).

19. Upload or transmit any passive/active information collection mechanisms (e.g., web bugs, cookies) beyond standard browser or Site functionality.

20. Disparage or tarnish us or the Site.

21. Use the Site in violation of applicable law or regulation.

SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback, or other information you submit to us (“Submissions”) are non-confidential and become our sole property. We shall own exclusive rights (including intellectual property rights) and may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation to you. You warrant you have rights to the Submissions and waive moral rights therein.

SITE MANAGEMENT

We reserve the right, in our discretion, to: (1) monitor the Site for violations; (2) take appropriate legal action, including referral to law enforcement; (3) refuse, restrict, or disable access to any portion of the Site; (4) remove files or content that are excessive in size or burdensome to systems; and (5) otherwise manage the Site to protect our rights and facilitate proper functioning.

PRIVACY

Please review our Privacy Policy, which is incorporated into these Terms. The Site is hosted in the United States. If you access the Site from outside the U.S., you consent to the transfer and processing of your data in the U.S. We do not knowingly collect information from children under 13; if we learn that we have, we will delete it consistent with applicable law.

TERM AND TERMINATION

These Terms remain in effect while you use the Site. We may, in our sole discretion and without notice, deny access to the Site to any person for any reason, including for breach of these Terms or applicable law. If your account is terminated or suspended, you may not create a new account under your name or a third party’s name. We may pursue all available remedies.

MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove the contents of the Site at any time without notice and have no obligation to update information. We are not liable if all or any part of the Site is unavailable at any time. We may also modify or discontinue the Site, in whole or in part, without liability.

GOVERNING LAW (IDAHO)

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict-of-law principles.

DISPUTE RESOLUTION; VENUE (IDAHO)

Any legal action or proceeding arising out of or relating to the Site or these Terms shall be brought exclusively in the state courts of Bannock County, Idaho or the United States District Court for the District of Idaho (Pocatello Division). Each party consents to personal jurisdiction and venue in such courts and waives defenses of lack of personal jurisdiction and forum non conveniens. The U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply. Any claim must be filed within one (1) year after the cause of action accrues.

CORRECTIONS

Information on the Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DATA) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN DAMAGES; THESE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless (including our affiliates and our and their officers, agents, partners, and employees) from and against any losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms; (3) your violation of a third party’s rights; or (4) any harmful act toward another user with whom you connected via the Site. We may, at your expense, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

USER DATA

We may maintain certain data that you transmit to the Site for the purpose of Site operation and performance. You are solely responsible for all data you transmit or that relates to your activities using the Site. We are not liable for any loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, emailing us, or completing online forms, you consent to receive electronic communications. You agree that electronic signatures and records satisfy legal requirements for written communications, including under the Idaho Uniform Electronic Transactions Act. You waive any requirement for non-electronic records or original signatures to the extent permitted by law.

IDAHO USERS AND RESIDENTS—CONSUMER CONCERNS

If you have a concern or complaint regarding the Site, please contact us first at [email protected] or 208-417-0687 so we can try to resolve it. Idaho residents may also seek guidance from state consumer resources available through the Idaho Attorney General’s office.

MISCELLANEOUS

These Terms and any policies or rules posted by us on the Site constitute the entire agreement between you and us regarding the Site. Our failure to enforce any right or provision is not a waiver. If any provision is unlawful, void, or unenforceable, that provision is deemed severed and does not affect the validity of remaining provisions. There is no joint venture, partnership, employment, or agency relationship created by your use of the Site. These Terms will not be construed against us as drafter. You waive any defense based on the electronic form of these Terms.