This agreement constitutes a legally binding agreement (this “Agreement”) between you and GenoPalate, Inc. (“GenoPalate,” “we,” “us,” or “our”) governing your purchase and use of the DNA testing services provided by GenoPalate (the “DNA Test Services”).
PERSONS UNDER THE AGE OF 18 ARE PROHIBITED FROM PURCHASING DNA TEST SERVICES. IF YOU SUBMIT A DNA SAMPLE OF A PERSON UNDER THE AGE OF 18, OR OTHERWISE USE THE DNA TEST SERVICES ON BEHALF OF A PERSON UNDER THE AGE OF 18, YOU REPRSENT THAT YOU ARE THE MINOR’S PARENT, LEGAL GUARDIAN, OR HAVE EXPLICIT PERMISSION FROM THE MINOR’S PARENT OR GUARDIAN TO DO SO. BY PURCHASING OR USING THE DNA TEST SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE ELIGIBLE TO DO SO IN ACCORDANCE WITH THIS AGREEMENT.
DNA Test Services
We provide the DNA Test Services for genetic research purposes and not for individual medical or diagnostic purposes. All title, ownership, and intellectual property rights in and to the DNA Test Services are owned by us or our licensors. You acknowledge and agree that the DNA Test Services contain proprietary information that is protected by applicable intellectual property and other laws. You shall not, directly or indirectly through or with one or more other persons, copy, modify, rent, lease, loan, sell, distribute, perform, reverse engineer, display, or create derivative works based on the DNA Test Services, in whole or in part.
DNA Samples; Use of Information
We do not claim any ownership rights in the DNA that is submitted for testing. Any genetic information derived from the DNA continues to belong to the person who submitted the DNA sample, subject to the rights granted to us in this Agreement. Any DNA sample submitted to us cannot be returned and shall be stored by us or our agents. In addition, you understand that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by us that may relate to, or otherwise embody your DNA.
By submitting DNA to us, you grant us a perpetual, royalty-free, world-wide, transferable license to use your DNA, and any DNA you submit for any person from whom you obtained legal authorization as described in this Agreement, and to use, host, sublicense, and distribute the resulting analysis to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release us from any and all claims, liens, demands, actions or suits in connection with the DNA sample, the test or results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss. The license and release contained in this paragraph continue even if you stop using the DNA Test Services.
Fees and Payments
We will only accept payment via credit card or other electronic payment service. We or our third party payment processing partner will bill the credit card you provide. All currency references are in U.S. dollars. Your payments are non-refundable. If the credit card information you provide is invalid for any reason, or if you charge back your credit card for fees due under this Agreement, we may suspend or terminate our provision of the DNA Test Services to you.
Communications Between GenoPalate and You
We may contact you (via phone, email, physical mail or otherwise) for the purposes of providing the DNA Test Services, to notify you of any related products and services, enforcing our rights and to comply with our obligations under this Agreement and applicable law. You agree that any notice, disclosure or other communications that we send to you electronically will satisfy any legal communication notice requirements, including that such communications be in writing.
You shall not use the DNA Test Services for any purpose that is unlawful or prohibited by this Agreement, or for any other purpose not permitted by us. The DNA Test Services are for your personal, noncommercial use and are intended for informational purposes only. By way of example, and not limitation, you shall not directly or indirectly through or with one or more other persons:
• purchase or use the DNA Test Services for any unauthorized purpose, or in violation of any applicable law;
• transmit to us any content or material that violates any law or right of us or any third party;
• transmit to us any content that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the features or functionality of any software, hardware, or telecommunications equipment;
• bypass any measures we may use to prevent or restrict use of the DNA Test Services or otherwise interfere or tamper with our administration or the proper working of the DNA Test Services;
• falsify information you disclose to us;
• transfer your DNA test kit to a third party, allow others to use your personal information to use or access the DNA Test Services, use or access the DNA Test Services for the benefit of others; or
• take any action that is improper, unfair, or otherwise adverse to the operation of the DNA Test Services.
We are not responsible for any errors, discrepancies, or other problems with the DNA Test Services arising from your violation of this Agreement or your failure to comply with the instruction provided with the DNA test kit or other instructions made available to you by us. We are also not responsible for any other act or event, whether foreseen or unforeseen, that prevents us from providing the DNA Test Services.
Your suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to our offerings and services, including the DNA Test Services, are welcomed by us. Feedback is voluntary and we are not required to hold it in confidence. We may use Feedback for any purpose. You hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use, display, copy, distribute, modify, make derivative works of, sell, and import the Feedback in connection with our business, including enhancement of the DNA Test Services.
Release and Indemnity
By purchasing or using the DNA Test Services, you release and agree to indemnify and hold harmless us, our vendors and licensors, and each of our and their respective affiliates, subsidiaries, and all of our and their officers, directors, employees, and agents from any liability, injury, death, loss, or damages to you or any other person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by your purchase or use of the DNA Test Services.
Disclaimer of Warranties
THE DNA TEST SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT YOUR PURCHASE OR USE OF THE DNA TEST SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY PURCHASING OR USING THE DNA TEST SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU PURCHASE OR USE THE DNA TEST SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR VENDORS, OUR LICENSORS, OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS DAMAGES, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR THE DNA TEST SERVICES. THE TOTAL LIABILITY OF US AND OUR VENDORS, LICENSORS AND SUPPLIERS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR THE DNA TEST SERVICES, REGARDLESS OF WHETHER UNDER A CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE THE DNA TEST SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without our written consent, assign or transfer any of your rights and obligations under this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Governing Law; Jurisdiction
The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to this Agreement, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located in Milwaukee County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon this Agreement, your purchase of the DNA Testing Services, and your use of the DNA Testing Services, which courts are the exclusive forum for any such suit, action, or other proceeding.
Changes to this Agreement
We reserve the right at our discretion to change the Agreement at any time. We will post the most current version of the Agreement to our website.
If we make a material change to the Agreement, we will notify you either by posting a notice on our website or by contacting you through the email address associated with your purchase.
Changes will take effect as described in the notice. If any change to this Agreement is unacceptable to you, you must immediately discontinue your use of the DNA Test Service and notify us as provided in the “Contacting Us” section below. If you use or purchase DNA Testing Services after the change takes effect, you accept the Agreement as modified.
The Agreement was last modified on April 12, 2017.
You can contact us via email email@example.com or at the following address:
470, S Elmridge Ave
GenoPalate, Inc. (“GenoPalate,” “we,” “us,” or “our”) offers a DNA testing service (the “DNA Test Services”) that enables users to provide DNA samples, from which we extract DNA and perform certain tests.