Register your Account
I'm a Patient
Here you will Enter your Kit ID, Complete the Survey, and Mail in your Sample.
You will be able track progress, view your Results and Insights from this account.
I'm a Provider
Register here to access and manage your patients Kit Samples.
You will be able to view and manage their Results and Insights.
You can also test yourself from within your provider portal.
Terms Of User
Last Updated March 1, 2021
By registering your practice for the use and resale of the Standard Process Microbiome Test Kit, which is supplied by BIOHM Health LLC (“BIOHM”) you hereby represent, warrant, acknowledge and agree to the following, as the healthcare provider (the “HCP”):
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The Standard Process Microbiome Test Kit (the “Microbiome Test”) is an informational tool that provides dietary, lifestyle, and general supplement suggestions, together with specific Standard Process product considerations, which may be released by the HCP to his/her patient(s) following the HCP’s initial review of such information. The HCP may also provide his/her patient(s) with additional or contrary information, as determined appropriate by the HCP in his/her professional judgement . Accordingly, (a) BIOHM shall be solely responsible for the administration of the Microbiome Test, except however for the products of Standard Process that are suggested therein for consideration, which shall be the sole responsibility of Standard Process; and (b) the HCP shall be solely responsible for determining what information within the Microbiome Test is ultimately recommended by the HCP to his/her patient(s), and thereby incorporated into his/her functional medicine practice, as determined by the HCP in his/her professional judgement. Such determination will be based on the HCP’s own assessment of the patient and whether the information is consistent with the needs of the patient and with the appropriate standard of care for functional and/or integrative medicine.
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The MICROBIOME Test IS intended to be a general wellness product as defined in the FOOD and DRUG ADMINISTRATION (“FDA”) Guidance document “General Wellness: Policy for Low Risk Devices Guidance for Industry and Food and Drug Administration Staff Document” issued on September 27, 2019. (https://www.fda.gov/MEDIA/90652/DOWNLOAD). THE results and insights provided by the MICROBIOME Test are intended for informational purposes only to help Promote a PERSON’s healthy lifestyle, AND SUCH TEST is not intended to diagnose, cure, mitigate, prevent, or treat any disease or condition.
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The MICROBIOME Test is a cash payment only test and is not eligible for insurance reimbursement UNDER ANY CIRCUMSTANCES. HCP SHALL only ACCEPT cash payment(s) from its OWN patient CUSTOMER(s) (the “PATIENTS”) for the MICROBIOME Test.
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The HCP is solely responsible for determining whether or not the Microbiome Test is within the scope of his / her practice, pursuant to their respective state laws.
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The HCP specifically represents that either: (a) the HCP is not a “covered entity” as defined under The Health Insurance Portability and Accountability Act of 1996 or the regulations promulgated thereunder (HIPAA), or (b) the HCP shall not disclose or share any protected health information (as defined under HIPAA) of their Patients with either Standard Process, or its supplier of the Microbiome Test, BIOHM Health LLC (“BIOHM”), unless otherwise authorized by the Patient to share such information.
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BIOHM is responsible and liable for all aspects (including scientific, legal and regulatory compliance) of the Microbiome Test, except for the Standard Process Products recommended therein. Standard Process is responsible and liable for all aspects (including scientific, legal and regulatory compliance) of the specific Standard Process Products recommended in any of the generated reports. And you, the HCP, is responsible and liable for all aspects of using your professional medical discretion to sell the test to any patient, for releasing any recommendation to the patient that may be inappropriate for a specific patient, for any recommendations made to any patient that are different or contrary to a recommendation contained in any of the generated reports, and for any other (in)actions related to your services provided as a medical provider.
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Neither Standard Process nor BIOHM are acting on behalf of the HCP. Accordingly, the HCP shall be solely responsible for all medical and health care services and other activities of HCP, whether or not performed using the Healthcare Portal.
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The HCP is granted a revocable, non-exclusive, non-transferable, limited right to access and use the online portal for the Microbiome Test (the “Healthcare Portal”) for the limited purpose of viewing their own Patients’ results from the Microbiome Test. All ownership rights, title, and interest in the Healthcare Portal will remain the exclusive property of BIOHM. Nothing herein shall convey any right, title or interest, including any intellectual property rights, in or to the Healthcare Portal to any HCP.
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The HCP shall not; (a) disclose information obtained from the Healthcare Portal in violation of applicable laws; (b) sell, transfer, distribute, rent, sublicense, timeshare, lease or otherwise transfer or assign the Healthcare Portal, or copy, translate, reverse engineer, reverse assemble or decompile, use for competitive analysis, attempt to obtain the source code, create derivative works or grant any rights in the Healthcare Portal, in whole or in part; (c) alter, remove, deface, cover or otherwise obscure any copyright, trademark or other proprietary notices or branding included, embedded or contained in any part of the Healthcare Portal, in whole or in part; (d) gain unauthorized access to the Healthcare Portal, to other users' accounts, to other information, or to other computers or websites connected or linked to the Healthcare Portal; (e) use the Healthcare Portal in any manner or for any purpose that infringes, induces, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; or (f) assist any persons in engaging in any of the activities described above. HCP is responsible for all uses of the Healthcare Portal resulting from access provided by HCP.
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All email communication received by the HCP over the Internet may not be secure and could be intercepted by others if HCP is not using an encrypted email service. In no event shall Standard Process or BIOHM be responsible for any unauthorized disclosure, data breach, or security incident resulting from use of unencrypted email communications by HCP, or for any delay, failure, interruption or corruption of the Healthcare Portal. Any use of third-party software provided in connection with the Healthcare Portal, or any third-party product or service accessed or used in connection with the Healthcare Portal, will be governed by the applicable third-party’s license or terms of use, and not by the Agreement.
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At all times during the use of the Healthcare Portal: (a) BIOHM, Standard Process and the HCP shall comply with all federal, state and/or local laws, rules and regulations; (b) the HCP shall not permit any other person or entity to access or use the Healthcare Portal using HCP’s credentials; and (c) the HCP shall hold in full force and effect any and all such professional licenses and/or certifications required in each jurisdiction in which such HCP provides medical care, treatment or other services.
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BIOHM shall exclusively own any and all microbiome data obtained or resulting from the Microbiome Test (the “Microbiome Data”), together with any and all end-user patient registration and information collected from the Services (“Customer Information”). Notwithstanding the foregoing, BIOHM shall not use any Customer Information to directly contact the end-user patients of the HCP for any marketing or sales-related purposes; however, for the avoidance of doubt, the foregoing shall not prevent or limit BIOHM from otherwise selling its products and services to any end-user patient(s) acquired from general marketing efforts outside the Healthcare Portal.
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The HCP shall keep the passwords and access credentials associated with the Healthcare Portal confidential and will be entirely responsible for all activities occurring under any user identification issued to HCP.
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STANDARD PROCESS AND BIOHM, RESERVE THE RIGHT TO MODIFY OR TERMINATE THE HCP’s ACCESS TO THE HEALTHCARE PORTAL AT ANY TIME WITH OR WITHOUT REASON, WITHOUT NOTICE AND IN ITS SOLE DISCRETION.
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The HCP further acknowledges that neither Standard Process nor BIOHM: (a) practice medicine or provide any medical or clinical services and in no event does the use of the Healthcare Portal establish a physician-patient relationship between the Patient(s) and Standard Process or BIOHM; (ii) provide any medical advice, legal advice, compliance advice or representations in any way regarding any legal or medical issues associated with HCP, services offered by HCP, including but not limited to the Microbiome Test or any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Accordingly, the HCP shall be solely responsible for implementation of any and all lifestyle, dietary, supplement suggestions within the Healthcare Portal, and the provision of services to Patients.
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BIOHM SHALL USE REASONABLE EFFORTS FOR THE HEALTHCARE PORTAL TO BE OPERATIONAL, HOWEVER NOTWITHSTANDING THE FOREGOING, NEITHER STANDARD PROCESS NOR BIOHM WARRANT THAT ACCESS TO OR USE OF THE HEALTHCARE PORTAL WILL BE UNINTERRUPTED, BE COMPATIBLE OR WORK WITH ANY HCP’s OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE OR THAT DEFECTS IN THE HEALTHCARE PORTAL WILL BE CORRECTED. THE HEALTHCARE PORTAL IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.
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The HCP shall be solely responsible for any and all losses, expenses, damages or costs (including reasonable attorneys’ fees) arising from or relating to: (i) the provision of medical or health care services or follow-up related to the same by HCP, including any negligence with respect thereto; and (ii) any violation by HCP of any applicable federal, state and/or local laws, rules and regulations. IN NO EVENT WILL EITHER STANDARD PROCESS OR BIOHM OR THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; OR (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF THE HEALTHCARE PORTAL OR ANY USER DATA.