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Terms and Conditions

The Tiniest Biome – Terms and Conditions

Effective: January 31, 2023

The following terms and conditions (“Terms and Conditions”) govern the Tiniest Biome program (the “Program”) sponsored by TerraCycle, Inc.(“TerraCycle” “us” or “we”).  You can find out more about the Program by visiting https://tiniestbiome.com (the “Website”).  We may, in our sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program at any time, without notice to you.  It is important to check the Website and these Terms and Conditions periodically.  

Your access and use of the Website is subject to the following terms and conditions (the “Terms and Conditions”) and all applicable laws.  By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms and Conditions.  If you do not agree with all of these Terms and Conditions, you may not use any portion of the Website or participate in the Program. 

THESE TERMS AND CONDITIONS GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED.  SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER.  SEE THE SECTION “RESOLUTION OF DISPUTES”, BELOW, FOR MORE DETAILS.

ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US TOLL-FREE AT 1-865-424-9884, from 9 AM to 5 PM EST, OR EMAIL US AT support@tiniestbiome.com.

Table of Contents 

  1. Registration and Passwords
  2. Eligibility 
  3. Program Participation 
  4. Website Registration
  5. The Microbiome Test Kit 
    1. What’s in the Kit?
    2. Instructions for Use 
    3. Notification of Results 
  6. Terms of Purchase 
    1. Pricing and Payment 
    2. Shipping and Delivery 
    3. Risk of Loss
    4. Force Majeure
    5. Corrections
  7. Replacement and Retesting Policy
  8. Disclaimers; Limitation of Liability 
  9. Violations of these Terms and Conditions
  10. Resolution of Disputes
    1. Governing Law
    2. Arbitration 
    3. Class Action Waiver
    4. Time Bar
  11. Miscellaneous 
  12. Contact Us

1. Registration and Passwords: In order to participate in the Program, you are required to create an account through the Website and provide specific information about your child. All information submitted by you must be truthful, and you may not use any aliases or other means to mask your true identity. Any username or password should be safeguarded at all times. You are responsible for the security of your username and password and will be solely liable for any use or unauthorized use of your account. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy, the terms of which are incorporated herein.

2. Eligibility: Residents of Delaware and New York are not eligible for the Program. To be eligible for the Program, you must be a legal resident of the fifty (50) United States (excluding Delaware and New York) or the District of Columbia, and at least eighteen (18) years of age. By participating in the Program, you affirm that the sample collected will originate from the same State to which the Kit will be shipped. Void where prohibited by law.

3. Program Participation: By participating in the Program, you acknowledge, agree, and represent that: 

a. You are the parent or legal guardian of the child whose sample you are providing to TerraCycle.  

b. You will follow all guidelines and instructions that we provide to you, including in these Terms and Conditions, on the Website, and in the Kit (as defined below);  

c. You will comply with all applicable laws, rules, and regulations.

d. You will ship your child’s sample according to the packing instructions, using only the materials that we provide to you in the Kit; 

e. You will use the prepaid shipping label when shipping your child’s sample, and will not use any other shipping carrier or service other than what is designated on the shipping label. You understand that we are not responsible for the carrier’s inability to ship the box or for any issues you may encounter at the carrier (UPS and potentially other carriers);

f. You grant permission to TerraCycle, its contractors, successors, and assignees to analyze the submitted sample(s) and you specifically request TerraCycle to disclose the results of analyses to you in accordance with these Terms and Conditions;

g. You grant permission to TerraCycle, its contractors, successors, and assignees to store information about your child’s sample and use such information for future research purposes;

h. Your child’s sample, once submitted to and tested by us, is processed in an irreversible manner and cannot be returned to you; and

i. Your child’s sample contains an exempt human specimen. If you are unable to participate in the Program, it is your sole responsibility to safely dispose of any waste products.

4. Website Registration: Participants are asked to provide personal information including Personal name or Legal Entity name, email, phone number, and shipping address. Additional information is requested regarding the child whose sample you are providing to TerraCycle, such as Your Child’s Name, Your Child’s Birthday, Pregnancy Term Completed, Birth Delivery Method, Weight of The Child, Height of The Child, Duration of Breastfeeding, Duration of Formula Feeding, Child’s Diet, Recent Antibiotic Use, Probiotic Use.

5. The Microbiome Test Kit (the “Kit”):

a. What’s in the Kit?

  • Mailer box with an affixed pre-paid shipping label. Use the shipping box that you received from us to ship your child’s sample to our lab.
  • Plastic bag. Use this to seal your child’s sample.
  • Unique registration code.  You are responsible for the security of your unique registration code and will be solely liable for any use or unauthorized use of your unique registration code. 
  • Instruction pamphlet
  • Sticker seal to close the mailer box.

b. Instructions for Use 

  • Activate the Kit using your unique registration code by scanning the QR code you received or by visiting tiniestbiome.com and clicking on 'Kit Activation'. We cannot process your child’s sample until you activate your Kit.
  • To collect and ship your child’s sample to our lab, refer to the Instructions pamphlet in your tiniest Biome kit.

c. Notification of Results: After the lab receives and processes your child’s sample, you will receive a notification that your child’s wellness report is available through the dashboard on the Website. You can view your child’s report by signing in to your tiniest Biome account.

d. Restrictions: Our lab may not be able to process your child’s sample if it contains an insufficient amount of stool, or if the stool is significantly aged at the time the lab receives it (aged beyond 1 week since the child’s bowel movement).

6. Terms of Purchase: By participating in the Program, you signify that you have read, understand and agree to be bound by these terms of purchase in effect at the time of purchase (“Terms of Purchase ”). These Terms of Purchase are subject to change without prior written notice at any time, in our sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Website. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Purchase, do not participate in the Program.

a. Pricing and Payment: The cost of the Kit is provided on the Program’s website. You agree to pay TerraCycle for all charges at the prices then in effect for the Program, and you authorize TerraCycle or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Only the accepted payment methods of our payment services provider Authorize.net are eligible for billing and TerraCycle reserves the right to reject debit cards, gift cards, pre-loaded cards, or similar billing devices.  TerraCycle reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. TerraCycle disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.

Promotions: $99 promotion valid through May 31 2023 or up to 100 units sold.

b. Shipping and Delivery: All packages are shipped Monday through Friday via UPS.  Please note that delivery times posted by UPS do not include weekends.  UPS ground transit times vary greatly depending on the shipping destination.

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Terms and Conditions.  You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Any delivery times that may be quoted by us are approximate and not binding. The fact that a delivery time has been exceeded does not entitle you to return your order or claim damages of any kind. Our obligation to make any delivery is postponed for so long as you are in arrears in any payment to us.

c. Risk of Loss: The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Terms of Sale.  All shipments are at your own risk. Any freight damage must be reported by you to the carrier or shipping company immediately after receipt of a shipment.  

d. Force Majeure: We shall not be liable for any delay or failure to perform our obligations due to any cause beyond our reasonable control including, without limitation, fire accident, the act of a public enemy, war, rebellion, insurrection, sabotage, transportation delay, shortage of raw material, energy or machinery, epidemics, pandemics, or act of God, government or the judiciary.

e. Corrections:  We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product, service or description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free.  In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a Kit, or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged. 

f. Timeliness of Sample Submission: We reserve the right to cancel your order and provide a refund if sample collection kits are not returned to our lab within 30 days from the date of purchase. Upon providing a refund, The Program will no longer be liable for testing and delivering results from your Kit.

7. Replacement and Retesting Policy: 

a. Replacement Policy: You should inspect the Kit for damage immediately upon delivery. If you notice any damage to your Kit, contact us within 30 days of your order date and we will send you a new Kit at no cost.

If there is damage to the Kit when it is returned to us, we will contact you through the information you provided in your account to coordinate sending you a new Kit so you can provide another sample. 

If, after providing a second sample, there is damage to the Kit, we will make a determination, in our sole discretion, whether you are eligible to receive another Kit, or whether to provide you with a credit for future services.   

b. Retesting Policy:  If the sample you provide us is otherwise defective, cannot be tested or the tests are inconclusive, we will contact you through the information you provided in your account to coordinate sending you a new Kit so you can provide another sample. 

If, after providing a second sample, the sample you provide us is otherwise defective, cannot be tested or the tests are inconclusive, we will make a determination, in our sole discretion, whether you are eligible to receive another Kit, or whether to provide you with a credit for future services.

c. Refund Policy: Within 30 days of purchase, you may request a refund of your order amount less a $29.00 kit fee, provided that your sample has not been submitted to the lab. If your sample has already been submitted for testing, we cannot cancel your order or refund your payment. Testing will be completed and results will be available in your user account. If we receive a sample for which a refund has been processed, we will not test the sample nor provide results. Please note that we cannot accept returns of unused kits. If you do not wish to proceed with testing, we ask that you dispose of your kit(s).

8. Disclaimers; Limitation of Liability:  THIS PROGRAM IS NOT INTENDED TO DIAGNOSE ANY CONDITION OR DISEASE, IS NOT INTENDED TO BE USED FOR ANY DIAGNOSTIC PURPOSE, AND DOES NOT CONSTITUTE A DIAGNOSTIC TEST.  THIS PROGRAM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.  THE PROGRAM IS SOLELY FOR EDUCATIONAL AND WELLNESS PURPOSES. NOTHING INVOLVED IN THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY TERRACYCLE MATERIALS, WELLNESS REPORTS, LAB RESULTS, OR OTHER COMMUNICATIONS FROM TERRACYCLE, SHALL CONSTITUTE MEDICAL ADVICE. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT WELLNESS REPORTS, LAB RESULTS, OR YOUR CHILD’S GUT HEALTH, YOU SHOULD CONTACT YOUR PEDIATRICIAN OR HEALTH CARE PROVIDER.

TO THE FULLEST EXTENT PERMITTED BY LAW, TERRACYCLE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISING AND PROMOTIONS AGENCIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS, AGENTS AND ASSIGNS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE (COLLECTIVELY, “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE PROGRAM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING AND/OR USAGE OF TRADE. TERRACYCLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, APPROPRIATENESS, USEFULNESS, FUNCTIONALITY, RELIABILITY, HARMFULNESS AND/OR LEGALITY OF ANY THIRD PARTY WEBSITES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, INACCURACIES AND/OR OMISSIONS OF CONTENT, MATERIALS AND/OR INFORMATION IN AND/OR IN CONNECTION WITH THE WEBSITE OR THE PROGRAM, INCLUDING, BUT NOT LIMITED TO THE WELLNESS REPORTS, LAB RESULTS, AND/OR OTHER COMMUNICATIONS FROM TERRACYCLE, (B) ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE PROGRAM (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR ANY PROVISION OF THE PROGRAM, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. TERRACYCLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TERRACYCLE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL TERRACYCLE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, TERRACYCLE’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TERRACYCLE IN CONNECTION WITH THE PROGRAM DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

9. Violations of the Terms and Conditions: TerraCycle may at any time restrict your access to the Website and/or Program if:  (1) you have breached the Terms and Conditions or any of its incorporated policies; (2) TerraCycle is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or (3) TerraCycle is no longer providing the Program to users in the country or state in which you reside.  Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your participation in the Program may be referred to appropriate law enforcement authorities. You acknowledge and agree that TerraCycle shall not be liable to you or any third party for any termination of your access to the Website or Program, and you will defend and indemnify the Released Parties against any liability, costs, or damages arising out of the breach of the representation. Finally, TerraCycle may, in its sole discretion, restrict access to the website for any reason.

10. Resolution of Disputes:

a. Governing Law: The laws of the State of New Jersey shall govern these Terms and Conditions. 

b. Arbitration: While we will make reasonable efforts to resolve any disagreements you may have with TerraCycle, if these efforts fail you agree that all claims, disputes, or controversies between you and TerraCycle arising out of these Terms and Conditions, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these official rules and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited. 

The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and TerraCycle agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, forms, and instructions for initiating an arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.  

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years of experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”) unless those AAA Rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions govern.  The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules.  Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim to fall within the scope of such court’s jurisdiction.

c. Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TERRACYCLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.  

If for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms and Conditions holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in a court in New Jersey.

 

d. Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.   

11. Miscellaneous: These Terms and Conditions do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms and Conditions shall be construed as if followed by the phrase “without limitation.” These Terms and Conditions, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to the such subject matter. Notices to you (including notices of changes to these Terms and Conditions) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

12. Contact Us:  Should you have any questions regarding these Terms and Conditions or the Program, please contact us at support@tiniestbiome.com

Terms of Use

Effective: January 31, 2023

The following Terms of Use (the “Terms of Use”) govern your use of the website located at [https://www.terracycle.com] (the “Website”), which is owned and operated by TerraCycle, Inc.(“TerraCycle” “us” or “we”). We may, in our sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Website at any time, without notice to you. It is important to check the Website and these Terms of Use periodically.

Your access and use of the Website is subject to the following Terms of Use and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Use. If you do not agree with all of these Terms of Use, you may not use any portion of the Website.

THESE TERMS OF USE GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED.  SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE THE SECTION “RESOLUTION OF DISPUTES”, BELOW, FOR MORE DETAILS.

Additional terms for TerraCycle’s Special Programs, including our Free & Paid Recycling Programs and Points Program, can be found by clicking here. The terms of other TerraCycle programs, including tiniest Biome are hereby incorporated into these Terms of Use.

 ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US TOLL-FREE AT 1-865-424-9884, from 9 AM to 5 PM EST, OR CONTACT US AT support@tiniestbiome.com.

1. Authorized Use of Website

This Website is provided for your personal and non-commercial use. Any other use of the Website requires the prior written consent of TerraCycle.

2. Unauthorized Use of Website

You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store, or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another website or application. You may not resell use, or access, the Website to any third party without our prior written consent.

3. Proprietary Rights

TerraCycle is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized TerraCycle to display the materials, such as portfolio works, client logos, likenesses, trademarks, and other proprietary materials. By using the Website, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Use are reserved by TerraCycle.

4. No Ideas Accepted

TerraCycle does not accept any unsolicited ideas from outside the company, including, without limitation, suggestions about advertising, promotion, or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such an idea is not submitted in confidence and TerraCycle assumes no obligation, expressed or implied, by considering it. You further understand that TerraCycle shall exclusively own all known or hereafter existing rights to the idea everywhere in the world and that such idea is hereby irrevocably assigned to TerraCycle. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant TerraCycle an irrevocable, perpetual, worldwide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

5. Prohibited Activities

TerraCycle expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to the Website or to other users anything that contains content that:

  • is defamatory, abusive, obscene, profane, or offensive;
  • infringes or violates another party's intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on the Website);
  • violates any party’s right to publicity or right to privacy;
  • is threatening, harassing, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false, or misleading in any way, or constitutes impersonation of another person;
  • is illegal or promotes any illegal activities;
  • promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
  • contains “masked” profanity (i.e., F*@&#);
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

TerraCycle is under no obligation to screen or monitor content but may review content from time to time at its sole discretion. TerraCycle will make all determinations as to what Content is appropriate at its sole discretion. TerraCycle may edit or remove any content at any time without notice.

6. No Warranties

WHILE TERRACYCLE USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. TERRACYCLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND TERRACYCLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TERRACYCLE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TERRACYCLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERRACYCLE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL TERRACYCLE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website.

7. Waiver By California Residents:

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8. Third-Party Links:

This Website may contain links to other websites or applications not maintained by TerraCycle. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors, and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you and that you will look solely to a such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party, you agree that you will address such issues with the third party but all limitations of liability and other rights of TerraCycle shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH A THIRD PARTY AND NOT BY US.

9. Changes to Terms:

All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access to the Website after such changes conclusively demonstrates your acceptance of those changes.

10. Indemnification:

You agree to indemnify, defend and hold harmless TerraCycle, its employees, directors, officers, agents, business partners, affiliates, subsidiaries, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any products or services purchased through the Website, and (ii) any breach by you of any of these Terms of Use, our Privacy Policy, or applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

11. Severability:

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

12. Waivers; Remedies:

The failure of TerraCycle to partially or fully exercise any rights or the waiver of TerraCycle of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by TerraCycle or be deemed a waiver by TerraCycle of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of TerraCycle under these Terms of Use and any other applicable agreement between you and TerraCycle shall be cumulative, and the exercise of any such right or remedy shall not limit TerraCycle’s right to exercise any other right or remedy.

13. DMCA Notice:

Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe on another party’s copyright to remain on the Website.

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows: legal@tiniestbiome.com.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

14. International Access:

Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

15. Resolution of Disputes:

a. Governing Law: The laws of the State of New Jersey shall govern these Terms of Use.

b. Arbitration: While we will make reasonable efforts to resolve any disagreements you may have with TerraCycle, if these efforts fail you agree that all claims, disputes, or controversies between you and TerraCycle arising out of these Terms of Use, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor these Terms of Use and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.

The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and TerraCycle agree in writing. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, forms, and instructions for initiating an arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years of experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms of Use, in which case these Terms of Use govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim to fall within the scope of such court’s jurisdiction.

c. Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TERRACYCLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

If for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms of Use holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in a court in New Jersey.

d. Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

16. Miscellaneous

These Terms of Use do not, and shall not be construed to create any partnership, joint These Terms of Use do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” These Terms of Use, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to the such subject matter. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

17. Contact Us

Should you have any questions regarding these Terms of Use you may contact us at support@tiniestbiome.com.

TerraCycle Special Programs

Free & Paid Recycling Programs

TerraCycle seeks to operate its Free and Paid recycling programs (“Programs”) in an ecologically friendly and rational manner. To that end, specific Programs may have minimum shipping requirements (a certain minimum number of items must be shipped or the shipment will not be eligible for credit) which are specified on that Program’s FAQ (“FAQs”), which are incorporated in these Terms of Use by reference. Further, TerraCycle will close Free Program locations if no shipment has been received from that Program location during a six-month period. This is done to eliminate dormant Programs and allow that Program “slot” to be utilized by another group. TerraCycle Programs are intended exclusively for used, post-consumer packaging. Post-industrial, factory off-spec, write-off, misprinted, or other pre-consumer waste is not accepted through these Program platforms. Any shipments of such post-industrial waste will be returned to the point of origin and will incur a non-compliance charge.

Points Program

Many Free Programs accrue points (“Points”) for each unit of waste collected (over a minimum amount). Points may be applied in one of two ways: a) they may be applied to one of the charitable programs chosen by TerraCycle for specific actions (by way of example only, a fixed number of points may be redeemed to plant trees by the Arbor Day Foundation) by our partner organizations (see, www.terracycle.com/redeem for descriptions of these programs); or b) the points may be redeemed for cash amounts that will be sent to the Charity or School designated by the Brigade Leader. Points will expire and the account holding them will be closed if there is no activity in the Brigade account for a one-year period. Activity in a Brigade account means downloading a shipping label, shipping a package of appropriate post-consumer material to TerraCycle, or an election entered onto TerraCycle’s website to either designate Points for a specific program or redemption of Points into cash to be sent to a designated charity or school. Points that expire in this manner will not be available for designation to charities or for redemption. In addition, all checks expire one year after the issue and no replacement requests for lost checks will be honored after one year of the issuance date of the original check.