THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.

These Terms and Conditions (these “Terms”) apply to your access to and use of the MD Perform website (the “Site”), including purchasing products and services offered through the Site, such as testing kits, digital resources, and access to the MD Perform portal (collectively, the “Services”). The Site is operated by MD Perform, LLC (“MD Perform,” “we,” “us,” or “our”).

Please also review our Privacy Notice (below) and any additional policies referenced on this page before placing an order.

By accessing or using the Site, creating an account, clicking to accept these Terms (when presented), or purchasing any product or service through the Site, you agree to be bound by these Terms.

If you do not agree, do not use the Site or purchase products or services through the Site.

The Site and Services are intended for purchase by adults. You must be at least 18 years old (or the legal age to form a binding contract where you live) to purchase any products or services through the Site.

If a user is under 18, a parent or legal guardian must place the order and provide consent for the collection and use of the minor’s information as described in these Terms and our Privacy Notice.

MD Perform provides educational information and general wellness guidance based on testing insights and other educational content. MD Perform does not provide medical evaluation, diagnosis or treatment through the Site or through the purchase of a testing kit.

Purchasing a testing kit, accessing the Member Portal, receiving test results, or viewing educational content does not create a doctor–patient relationship between you (or your child) and MD Perform or any clinician, including but not limited to Dr. Amy Biondich.

If you believe you (or your child) may have a medical condition, seek care from a licensed healthcare provider immediately. Do not delay or disregard medical advice because of information obtained through the Site or the Services.

Optional Consultations

MD Perform may offer optional paid consultations with Dr. Amy Biondich. Consultations are separate from kit purchase and may require additional waivers and eligibility checks. Consultations are only available where permitted by applicable law and state licensure requirements.

Some features require account creation or portal access. You agree to:

• Provide accurate, current, and complete information.
• Maintain the confidentiality of your login credentials.
• Notify us immediately of unauthorized access or suspected security issues.

We may suspend or terminate accounts for suspected fraud, misuse, or violations of these Terms.

MD Perform may offer:

• Testing kits and related fulfillment materials.
• Access to a portal containing results and educational explanations and resources.
• Educational content, guides, downloads, and other resources.
• Optional consultations (separately purchased) where permitted.

Product descriptions are provided for convenience. We strive for accuracy, but we do not guarantee descriptions are complete, current, or error-free.

When you place an order, you may be asked to provide information such as:

• First name, last name
• Date of birth
• Cellphone and email
• Gender
• Shipping address

You are responsible for providing accurate information. Incorrect information may delay shipping, portal access, or fulfillment.

After You Order

After purchase, we will email you access to the MD Perform Member Portal, which may include:

• Personalized instructions for using your at-home kit and submitting your sample
• Educational explanations to help you understand your results
• Other educational materials regarding, but in no way limited to, nutrition, recovery, mental mindset, and other materials to help you optimize your health.

Shipping and handling charges are not included in the product price unless explicitly stated on the product page, and will be shown at checkout before you complete your purchase.

We will arrange shipment to the address you provide. Shipping and delivery dates are estimates and cannot be guaranteed.

Title and risk of loss pass to you upon transfer of the product to the carrier, to the extent permitted by law.

Prices are shown on the Site and may change without notice. The price charged is the price in effect at the time the order is placed.

You agree to pay all charges incurred, including applicable taxes and shipping if applicable. We may accept payment methods such as credit/debit cards and third-party payment options (e.g., Apple Pay, Google Pay, PayPal, Affirm) where available.

If a pricing error occurs, we may cancel or adjust the order and notify you.

Because testing kits require specialized handling, testing kit purchases are non-refundable and not eligible for return once an order is placed. Please review your shipping information carefully before completing checkout.

If your kit arrives damaged, defective, or incomplete, please contact us at doctorb@mdperform.com within 5 days of delivery so we can help resolve the issue.

We are not responsible for delivery delays or non-delivery caused by incorrect or incomplete shipping information provided at checkout.

By providing your email address and/or phone number, you agree we may contact you regarding your order, portal access, results availability notifications, and customer support.

Email and SMS may not always be encrypted. You acknowledge that there is some risk that messages could be accessed by an unauthorized party. You can opt out of marketing messages at any time using the unsubscribe link or instructions provided, but transactional messages may still be sent.

The Site and its content, features, and functionality (including text, graphics, logos, images, videos, downloads, and design) are owned by MD Perform or its licensors and are protected by applicable intellectual property laws.

You may use Site content for personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

If you submit content to the Site (such as comments, messages, or testimonials), you represent that you have the right to submit it and that it does not violate the rights of others.

If you provide suggestions or feedback, you grant MD Perform the right to use that feedback without restriction or compensation.

You agree not to:

• Use the Site for unlawful purposes.
• Attempt to access other users’ accounts or data.
• Introduce malware, automated scraping, or disruptive code.
• Misrepresent your identity or submit false information.
• Use the Site to exploit or harm minors.

We may suspend or terminate access for violations.

THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MD PERFORM DOES NOT GUARANTEE ANY SPECIFIC OUTCOME, PERFORMANCE RESULT, OR HEALTH RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MD PERFORM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OR USE OF PRODUCTS OR SERVICES.

NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID TO MD PERFORM FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless MD Perform and its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your breach of these Terms, or your violation of any law or rights of a third party.

These Terms are governed by the laws of the State of Idaho, without regard to conflict of law principles. If arbitration is not required or does not apply, you agree that any dispute arising out of or relating to these Terms or the Site will be brought in the state or federal courts located in Idaho, and you consent to personal jurisdiction in those courts.

We may update these Terms at any time. Changes are effective as of the “Last Updated” date above. Your continued use of the Site after changes means you accept the updated Terms.

Questions about these Terms or the Services:

Email: doctorb@mdperform.com

Mailing Address:
MD Perform, LLC 2976 E State St, Suite 120, PMB 2922, Eagle, ID