Terms of Use

Welcome to the DNASolves® family of offerings (the “Offerings”) provided by Othram, Inc., a Delaware corporation doing business as DNASolves® (“DNASolves®,” “our,” “us”, or “we”). The Offerings include all websites, products, and services offered by or through, or maintained under, the DNASolves® brand, including (1) dnasolves.com, (2) othram.com/dna_solves and the Othram Swab Kit program, and (3) the repository of consented DNA profiles collected and maintained by DNASolves® that have been voluntarily submitted by persons like you (the “Registry”).

  1. Acceptance. Your use of the Offerings is conditioned upon your acceptance, without modification, of the following terms, conditions, and notices (these “Terms”). We encourage you to read these Terms very carefully prior to accepting them. You may wish to engage a lawyer to help understand these Terms and your rights.
    1. Methods. You may accept these Terms either by (1) scrolling down and clicking the “I Accept” button below (the “Click Method”) or (2) using the Offerings, which includes your browsing of any of the webpages on, through, or within the Offerings or using any product or service on, through, or within the Offerings (the “Use Method”).
    2. Contract. As a result of either the Click Method or the Use Method, you are entering into an electronic contract that is a legally binding agreement between you and DNASolves®. If you use the Offerings on behalf of, or in furtherance of, a company, organization, or other entity, then (1) “you” includes you and such company, organization, or entity, and (2) you represent and warrant that (a) you are authorized to grant all permissions and licenses provided in these Terms and to bind such company, organization, or entity to these Terms and (b) you agree to these Terms on such company’s, organization’s, or entity’s behalf.
  2. Changes. We may change these Terms from time-to-time, so please be sure to check back periodically. We will post any changes to these Terms on dnasolves.com.
  3. Privacy Policy. DNASolves®’ Privacy Policy (the “Privacy Policy”) describes DNASolves®’ practices concerning information that you provide or that DNASolves® may collect about you, and you consent to DNASolves®’ use of such information in compliance with the Privacy Policy. The Privacy Policy is incorporated into, and made a part of, these Terms.
  4. Registry. This Section 4 applies to those who wish to become a part of the Registry or avail themselves of the service offerings associated with the Registry.
    1. Registry Basics. You may have questions about the Registry. We want to be upfront and clear about the Registry. Let’s start with some of the basics of the Registry. If you still have any questions about the Registry after reading these Terms, please contact support@dnasolves.com.
      1. What is the difference between my DNA and my DNA Profile? Your DNA is your actual DNA, such as your cheek swab. Your DNA profile is the profile created by running your DNA through a DNA testing process.
      2. If I wish to join the Registry, do I submit my DNA or my DNA profile?
        1. If you are in possession of your DNA profile, then you should submit your DNA profile to DNASolves®. Upon receipt, we will confirm that your DNA profile qualifies for inclusion in the Registry. We do not charge fees for this service.
        2. If you are not in possession of your DNA profile or if you do not wish to submit your DNA profile, then you may submit your DNA to DNASolves® through the Othram Swab Kit program by visiting othram.com/dna_solves. Once we receive your DNA, we will confirm that it qualifies for processing, and if so, we will create your profile by running your DNA through a DNA testing process. There is a fee for this service. The current fee for this service can be found at othram.com/dna_solves.
      3. What happens to my DNA and my DNA profile?
        1. If we receive your DNA, then, as described above, we will attempt to run your DNA through a DNA testing process. After your DNA has been run through a DNA testing process or if we determine that you DNA is not suitable for processing, it will be destroyed in accordance with our guidelines. We do not retain your DNA, and your DNA (including your DNA data) will not be returned to you.
        2. If your DNA profile qualifies for inclusion in the Registry, then your DNA profile will be added to the Registry. You, along with all individuals whose DNA profiles have been added to the Registry, will be a “Contributor” and each such inclusion will be a “Contribution.” Your DNA profile will not be returned or provided to you.
      4. What exactly is the Registry then? The Registry is the repository of all qualifying DNA profiles received by DNASolves® from all Contributors—essentially a place where all Contributions are stored. The Registry does not include your actual DNA.
      5. What is the purpose of the Registry? The purpose of the Registry is to aid human identification investigations (the “Investigations”) involving (1) law enforcement agencies and organizations, (2) other governmental or quasi-governmental agencies and organizations, and (3) those acting on behalf of, or at the direction of, such agencies and organizations (all of these are jointly defined as the “Investigators”).
      6. Can you provide more detail on what that means? Let’s dig deeper on the purpose of the Registry by describing “What the Registry is” and “What the Registry is not.”
        1. What the Registry Is. The Registry aids Investigations involving Investigators by creating a DNA profile registry for matching Contributors with persons who may be missing, unidentified, victims of crimes, perpetrators of crimes, or otherwise connected to such Investigations (all of these are jointly defined as “Affected Persons”).
          1. This means that, in connection with these Investigations, DNASolves® will have access to your Contribution and the Contributions of all other Contributors and will have the ability to (i) use and analyze your Contribution, (ii) match (or attempt to match) your Contribution and all other Contributions with Affected Persons, and (iii) provide the results of those use, analysis, and matching efforts to the Investigators.
          2. To be clear, these Investigations may involve generating investigative leads that might assist in locating missing persons, including lost relatives. They may involve generating investigative leads for identifying previously unknown persons, including those who may be victims of crimes. They may also involve generating investigative leads for identifying perpetrators of violent crimes (such as, but not limited to, homicides and sexual assaults). Once such results are provided to the Investigators, the Investigators are solely responsible for how such results are used and maintained.
        2. What the Registry Is Not. The Registry is not a genealogical database that enables self-discovery of your ancestry or that provides search results to you. The Registry does not permit public access or searches. Instead, the Registry is a one-way flow of data between you, as a submitter of your DNA or DNA profile, and DNASolves®, as the recipient of your DNA or DNA profile. DNASolves® will receive your DNA or DNA profile, but you will not receive any data in return from DNASolves®. Generally, once you submit your DNA or DNA profile to DNASolves®, the flow of data between you and DNASolves® is complete, although there may be situations where we need to communicate with you about the qualifications of your DNA or DNA profile that you submit or about other matters. DNASolves® will not use, or permit any third-party to use, your DNA or DNA profile for medical or diagnostic purposes.
      7. Am I opting-in to something? Yes. Again, let’s be very clear about what you are agreeing to in these Terms. BY SUBMITTING YOUR DNA OR YOUR DNA PROFILE TO DNASOLVES®, YOU ARE EXPRESSLY (i) OPTING-IN AND CONSENTING TO YOUR INCLUSION IN THE REGISTRY AND (ii) AUTHORIZING DNASOLVES® TO ACCESS, USE, AND ANALYZE YOUR DNA AND DNA PROFILE FOR ALL PURPOSES IN CONNECTION WITH THE INVESTIGATIONS AND PROVIDE THE RESULTS OF SUCH ACCESS, USE, AND ANALYSIS TO INVESTIGATORS. You acknowledge and agree that this Section 4.1(g) is intended by you to supersede or otherwise comply with (as applicable) any law in your jurisdiction applicable to opting-in to, consenting to, and authorization with respect to your DNA or DNA profile.
      8. Can I remove my DNA profile from the Registry? Yes, you may cause your DNA profile to be removed from the Registry at any time. Please follow the removal procedures provided by dnasolves.com.
    2. Disclaimer. We cannot guarantee the effectiveness or reliability of any collection kit that we provide or the methods by which your DNA is collected or the methods by which you submit your DNA or your DNA profile. In addition, despite our best efforts, there may be challenges or limitations associated with our laboratory services, and we cannot guarantee that such services will be uninterrupted or error-free. If you believe there has been an error with the collection process or with our laboratory services, please contract Customer Service for assistance as soon as possible.
    3. Unwanted Results or Information. We cannot guarantee that you will be satisfied with the results of, or information learned in connection with, your participation in the Registry, searches against your DNA profile, or the results of the Investigations. You may learn unwanted or unexpected information and that unwanted or unexpected information may cause distress. For example, you may discover that a family member or loved one has been the victim of a crime or has a criminal history. You may also discover that a family member or loved one has died or that you have a previously unknown family member. You become a Contributor solely at your own risk and take full responsibility for all consequences of your Contribution and the sharing of your Contribution in connection with an Investigation.
  5. No Guarantees of Future Offerings. DNASolves® has the right to change, modify, suspend, or discontinue the Offerings, including the features and functionality of the Offerings, in whole or in part, without notice to you, although any such change, modification, suspension, or discontinuance shall remain consistent with Section 4.1. DNASolves® does not guarantee that any certain feature or functionality will continue to be available in the future through the Offerings. Nor does DNASolves® guarantee the future availability to anyone of the Offerings. You agree that DNASolves® will not be liable to you or to any third party for any change, modification, suspension, or discontinuance of the Offerings.
  6. Eligibility.
    1. Binding Contract. You may use the Offerings only if you can form a binding contract with DNASolves® and only if the jurisdiction in which you are a resident does not prohibit you from using the Offerings. You must be at least 18 years of age to use the Offerings. If DNASolves® becomes aware that DNASolves® has unknowingly collected any personal data directly from a person under the age of 18, DNASolves® will take commercially reasonable efforts to delete such data from DNASolves®’ system and the Offerings. The Offerings are administered in the U.S.
    2. Compliance. You represent and warrant that (i) your use of the Offerings is legal in, and does not violate any laws or regulations of, the jurisdiction in which you reside or from which you use or access the Offerings, (ii) if you are located outside of the U.S., your use of the Offerings does not violate any export ban or other restriction in the jurisdiction in which you reside or from which you use or access the Offerings, (iii) you possess the legal right and ability to enter into these Terms and to use the Offerings in accordance with these Terms, (iv) your use of the Offerings will be in accordance with these Terms, (v) your use of the Offerings will be in accordance with all applicable laws and regulations, and (vi) your Contribution will be of your DNA or DNA profile (as applicable) and not someone else’s DNA or DNA profile (as applicable), except to the extent specifically permitted by these Terms.
  7. Registration.
    1. Process. To submit your DNA or your DNA profile, you are required to register with DNASolves® by entering or providing your name and your email address, selecting a valid password, and providing all other required registration information (collectively, “Registration Information”). You agree that, at the time of submission to DNASolves®, your Registration Information is true, accurate, current, and complete. You further agree to maintain and promptly update your Registration Information as necessary. You will provide DNASolves® with additional true, accurate, current, and complete Registration Information as requested from time-to-time. Upon completing the registration process with DNASolves®, you will be provided with an account (“Your Account”).
    2. Restrictions and Limitations.
      1. DNASolves® will have no liability associated with, or arising from, your failure to maintain accurate, current, and complete Registration Information, including liability arising out of your failure to receive critical information about the Offerings or Your Account. DNASolves® will not be responsible for verifying your Registration Information. You may not (i) select or use as your Registration Information a name of another person with the intent to impersonate that person or (ii) use as your Registration Information a name subject to any rights of a person other than you without appropriate authorization. DNASolves® reserves the right, at DNASolves®’ discretion, to (a) refuse registration of your Registration Information and (b) cancel or deactivate Your Account and, at DNASolves®’ election, delete all related information and files in, or relating to, Your Account.
      2. You will maintain the confidentiality and security of, and will carefully guard, Your Account and Your Account-related information, and you will not provide Your Account or Your Account-related information to any other person or entity. DNASolves® will not be liable for any unauthorized access or use of your Registration Information or Your Account. You are fully responsible for all use of, and activities that occur under, your Registration Information and Your Account and for any actions that take place through your registration or access to DNASolves® (whether conducted by you or another). You are responsible for restricting access to your computers, including mobile devices, as necessary. If you suspect that someone may have obtained access to Your Account or Your Account-related information, (i) you agree to contact DNASolves® immediately and (ii) change Your Account password by using the functionality made available by DNASolves®.
      3. DNASolves® reserves the right to require you to change your Registration Information from time-to-time. Failure to comply with any portion of this Section 7 will constitute a breach of these Terms, which may result in immediate termination of Your Account.
    3. Email Notifications. DNASolves® reserves the right to email you, including email notifications that inform you of messages waiting for you on DNASolves.com. You agree that email communications and such notifications are an integral part of being a registered member of DNASolves®, and you expressly consent to receiving these notifications.
    4. Access. DNASolves® reserves the right to terminate or suspend Your Account, in whole or in part, at any time (for any reason or for no reason and without notice), including in connection with any improper or suspected improper access to Your Account or Your Account-related information. In particular, and without limitation, DNASolves® may terminate or suspend Your Account upon your non-compliance (or threatened non-compliance) with these Terms or if you violate (or threaten to violate) DNASolves®’ rights or the rights of any other party. If DNASolves® grants you access to view any of the secure areas of the Offerings, you will not disclose any of the information included in that secure area to any third party without DNASolves®’ prior, express, and written consent, including moving or copying such information to a non-secure area of the Offerings.
  8. Affirmative Statements. In addition to the affirmative statements from you found elsewhere in these Terms, you make the following affirmative statements:
    1. No Medical Treatment. You understand that the Offerings is for investigative, research, educational, and informational use only and is not for use in diagnosing, preventing, or treating any condition or disease or to ascertain the state of health for any individual;
    2. No Results or Searches. You understand that no results will be returned to you and that you will not be permitted or entitled to perform any searches against the Registry;
    3. DNA Profile Services. If you provide your DNA to DNASolves®, then you give DNASolves® permission to run your DNA through a DNA testing process to create your DNA profile;
    4. Disclosure. You authorize DNASolves® to disclose the results of analyses performed on your Contribution to Investigators;
    5. Own Sample. You are guaranteeing that any Contribution which you submit is your own, except that if you are agreeing to these Terms on behalf of a person for whom you have legal authorization, you are confirming that the Contribution provided will be the Contribution of that person;
    6. Processing Location. You agree that your Contribution and all resulting data may be transferred to, and processed in, the U.S., and you agree that we reserve the right to add additional countries to the foregoing; and
    7. Storage. You understand that your Contribution will be stored as part of the Offerings and will be processed in accordance with the Privacy Policy.
  9. User Submissions.
    1. Posting. In addition to your Contribution, DNASolves® may allow (but is not required to allow) you to submit, post, or make available content, including comments, messages, communications, questions, answers, ideas, recommendations, tips, reviews, and other materials in connection with the Offerings (collectively, “User Submissions”), subject to other restrictions in these Terms. For clarity, for purposes of these Terms, User Submissions also include your Contribution.
    2. Responsibility. You understand that you are solely responsible for your User Submissions. DNASolves® does not control or endorse the User Submissions or guarantee the accuracy, integrity, or quality of the User Submissions, and DNASolves® takes no responsibility for, and specifically disclaims any liability (including damages) with regard to, the User Submissions, including the legality or accuracy of any User Submission or whether any User Submission is libelous, slanderous, defamatory, or disparaging or violates any other person’s privacy rights. You further understand that you must evaluate and bear all risks associated with the use of any User Submission, including reliance on the accuracy, completeness, and usefulness of the User Submissions. You retain all rights in and to your User Submissions, subject to these Terms.
    3. Licenses. You grant DNASolves® and DNASolves®’ affiliates a non-exclusive, royalty-free, transferable, sublicensable, and worldwide license to collect, use, host, process, analyze, store, display, post, reproduce, modify, communicate, publish, broadcast, perform, print, distribute, and prepare derivative works of your User Submissions in perpetuity, in any and all media formats (now known or hereafter developed) and through any and all media channels (now known or hereafter developed); provided, however, that the foregoing grant with respect to your Contribution shall be consistent with the other provisions these Terms (including Section 4.1). You agree that you will not receive any consideration or compensation in connection with your User Submissions.
    4. Rights and Obligations. You represent and warrant the following:
      1. You own or have the necessary licenses, rights, consents, and permissions to grant the rights granted by you to DNASolves® in these Terms and to submit the User Submissions;
      2. Your User Submissions do not, and will not, violate any law or regulation or misappropriate or infringe upon the rights of any third party, including any privacy right;
      3. You have the necessary consents, releases, and permissions of each identifiable individual person in the User Submissions to use the name or likeness of such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by DNASolves® and these Terms;
      4. You are at least 18 years of age if you submit any images, photos, or videos by or through DNASolves® or make any Contribution;
      5. You will not post confidential or trade secret information of others;
      6. You will provide DNASolves®, upon DNASolves®’ request, with any documentation necessary to evidence your adherence to these Terms.
    5. Acceptable Use. You agree to use the Offerings only for the Offerings’ intended purposes. In this connection, you agree that when using the Offerings, you will not, except to the extent specifically contemplated by the Offerings:
      1. Modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Offerings or make any unauthorized changes to the Offerings;
      2. Circumvent, disable, or otherwise interfere with (i) security related features of the Offerings or (ii) features that prevent or restrict use or copying of any Offerings Content (as defined below) or User Submissions or enforce limitations on use of Offerings Content or User Submissions;
      3. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
      4. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Offerings or any of the Offerings’ providers or any other third party (including another user) to protect the Offerings, Offerings Content, or the User Submissions;
      5. Launch any automated system, including “robots,” “spiders,” “crawlers,” and “offline readers,” that accesses the Offerings in a manner that sends more request messages to the Offerings’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
      6. Upload, post, email, or otherwise transmit any material that contains “Trojan horses,” “worms,” software viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
      7. Alter or modify the Offerings;
      8. Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      9. Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Offerings to do any of the foregoing with respect to) any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, illegal, harmful of minors in any way, or objectionable topic, name, material, or information;
      10. Use or display a username or screen name that disparages, in any manner, the Offerings;
      11. Frame the Offerings, display the Offerings in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Offerings and any third party or potentially deprive the Offerings of revenue (including revenue from advertising, branding, or promotional activities);
      12. Upload files that contain software or other material protected by intellectual property laws and regulations (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
      13. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
      14. Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam or other unwanted electronic communications, unsolicited communications, or any advertising, promotional, or unauthorized communication;
      15. Use the Offerings’ communications systems for any commercial solicitation purpose;
      16. Copy or store any Offerings Content or User Submissions for other than your own use;
      17. Create any user account by automated means or under false or fraudulent pretenses;
      18. Run Maillist, Listserv, any form of autoresponder on, or with respect to, the Offerings or any processes that run or are activated while you are not logged in;
      19. Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Offerings;
      20. Impersonate another person or entity or use any fake name or identity;
      21. Allow any other person or entity to use your identification for posting or viewing comments;
      22. Restrict, inhibit, or interfere any other user from using and enjoying the Offerings;
      23. Violate any code of conduct or other guidelines that may be applicable to the Offerings;
      24. Harvest or otherwise collect information about others, including user- names and user IDs, without each such user’s prior, express, and written consent;
      25. Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from anyone;
      26. Post or transmit irrelevant content, repeatedly post the same or similar content, or otherwise impose and unreasonable or disproportionately large load on the Offerings’ infrastructure;
      27. Use any part of the Offerings to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
      28. Access or use the Offerings through an interface other than the Offerings’ interface; or
      29. Link to the Offerings from another website;
      30. Create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal, or
      31. Seek to harm or exploit children by exposing children to inappropriate content, asking for personally identifiable details, or otherwise; or
      32. Violate any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.
    6. No Confidentiality. Except as otherwise provided in the Privacy Policy, you agree that you have no expectation of confidentiality with respect to your User Submissions, even for those User Submissions that are not published as part of DNASolves® or are published as part of DNASolves® on a limited or restricted basis. Except as otherwise provided in the Privacy Policy, DNASolves® disclaims any confidentiality obligation with respect to your User Submissions.
    7. Opinions. You understand that all opinions expressed by users of DNASolves®, including those who work for DNASolves®, are the personal opinions of the authors and not of DNASolves® and are not endorsed by DNASolves®.
    8. Monitoring. DNASolves® is not obligated to screen, review, monitor, edit, or correct any User Submission and does not necessarily screen, review, monitor, edit, or correct any User Submission. DNASolves® reserves the right, in DNASolves®’ sole discretion, to edit, modify, remove, or delete User Submissions (in whole or in part) without notice for any reason or for no reason, including User Submissions that DNASolves® believes violate these Terms or DNASolves®’ policies. You understand that entering or using DNASolves® may expose you to User Submissions that are inaccurate, inappropriate (including for children), unsuited, offensive, indecent, or objectionable to you /or your purposes.
    9. Feedback. If you choose to submit comments, ideas, or feedback (collectively “Feedback”) to, by, or through DNASolves® or otherwise, you agree that DNASolves® is free to use the Feedback without any restriction or consideration or compensation to you. By accepting your Feedback, DNASolves® does not waive any rights to use similar or related Feedback previously known to DNASolves®, developed by DNASolves®’ employees, or obtained from sources other than you.
    10. Your Concerns. If you have concerns or worries that User Submissions by other users may violate your rights, contain illegal material, or violate these Terms or have complaints regarding copyright infringement or illegal content, please contact us at support@dnasolves.com.
  10. Offerings Content.
    1. Ownership. Other than the User Submissions, the following are the exclusive property of DNASolves® and DNASolves®’ licensors and are protected under applicable copyright, trademark, and other proprietary rights laws: (i) the Offerings and (ii) all information, images, photos, graphics, sounds, music, videos, interactive features, data, text, scripts, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, trademarks, trade names, service marks, logos, and other matters related to, or located or contained within, the Offerings (all of the foregoing, other than the User Submissions, are collectively the “Offerings Content”). You do not acquire any ownership rights to any Offerings Content or any commercial products or research developed by DNASolves® or our collaborators through your access to, or use of, the Offerings or through your Contribution.
    2. License. Subject to these Terms and DNASolves®’ policies, DNASolves® grants you a limited, non-exclusive, non-transferable, and revocable license to use Offerings Content solely for your own personal and non-commercial purposes and only in accordance with, and only as expressly permitted by, these Terms. Other than as specifically permitted through the intended functionality of the Offerings, you may not use, copy, download, reproduce, republish, distribute, transmit, broadcast, display, assign, license, sublicense, sell, alter, prepare derivative works of, or otherwise exploit Offerings Content (in whole or in part) without DNASolves®’ prior, express, and written permission. You must maintain all copyright and other proprietary notices on all Offerings Content that you print or download (whether such printing or downloading is permissible or prohibited). All rights in and to Offerings Content not expressly granted in this Section 10.2 remain in DNASolves® and DNASolves®’ licensors.
  11. Third Parties.
    1. Links, Displays, and Interactions. The Offerings may contain links to, or prominently display, websites, services, products, offers, events, promotions, discounts, or activities provided or offered by or through third parties (collectively the “Third-Party Products”). In addition, DNASolves® may provide you with the ability to interact directly with third parties that offer, advocate, or make recommendations for Third-Party Products. DNASolves® is not responsible for, and disclaims any liability with respect to, Third-Party Products and the content, accuracy, or opinions expressed in, or with respect to, Third-Party Products. DNASolves® does not investigate, monitor, or check any Third-Party Products for accuracy, completeness, suitability, or fitness for a purpose. Inclusion of any Third-Party Product, or the ability to interact with third parties regarding any Third-Party Product, on or through the Offerings does not imply DNASolves®’ approval or endorsement of the Third-Party Product or the products, services, or information available at or from such Third-Party Product. If you decide to leave the Offerings and access any other website, you do so at your own risk. Specifically, upon doing so, you will be subject to such other websites’ privacy policies (if any). You expressly relieve DNASolves® from all liability arising from Third-Party Products, including any use or purchase arising from, or relating to, your access to, or use of, the Offerings.
    2. Names and Logos. The use of any name, trademark, trade name, service mark, logo, symbol, or other proprietary designation or marking of, or belonging to, any entity making products or services available on or through the Offerings should not be construed as an endorsement or sponsorship of the Offerings by any such entity or as the participation by any such entity in the offering of goods or information through the Offerings or as an endorsement or sponsorship by the Offerings of such entity or such entity’s goods or services.
  12. Indemnity. You will indemnify, defend, and hold harmless DNASolves®, DNASolves®’ affiliates, and DNASolves®’ and DNASolves®’ affiliates’ owners, parents, partners, shareholders, members, subsidiaries, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, and attorneys from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of, (i) your breach of, or failure to comply with, any of these Terms, (ii) any fraud, manipulation, deception, or misrepresentation by you, (iii) your access to, or use of, the Offerings, (iv) your User Submissions (including disparaging comments by you regarding another user of the Offerings or your interactions with another user of the Offerings), (v) all use of, and activities that occur under, Your Account (whether conducted by You or another) and any actions that take place through your access to the Offerings, (vi) any violation of any law or regulation by you, and (vii) any dispute between you and another user of DNASolves® (whether you or such other user is registered or unregistered). DNASolves® has no duty to reimburse, defend, indemnify, or hold you harmless, including with respect to any claim, liability, damage, loss, cost, or expense resulting from, relating or attributable to, or arising out of, these Terms or the Offerings or your use of, or access to, the Offerings.
  13. Disclaimers and Limitations.
    1. No Warranties. DNASOLVES® DOES NOT WARRANT OR GUARANTEE THAT (i) THE OFFERINGS OR THE USER SUBMISSIONS WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) DEFECTS, INCLUDING TYPOGRAPHICAL ERRORS, WILL BE CORRECTED, (iii) THE OFFERINGS AND THE USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL CODE, (iv) THE OFFERINGS AND THE USER SUBMISSIONS WILL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE OFFERINGS CONTENT OR THE USER SUBMISSIONS OR THE MAKING OF A CONTRIBUTION. DNASOLVES® DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING RELATING TO (a) NON-INFRINGEMENT, (b) MERCHANTABILITY, (c) FITNESS FOR A PARTICULAR PURPOSE, (d) TITLE, (e) COURSE OF DEALING OR USAGE OF TRADE, (f) AVAILABILITY OF THE OFFERINGS OR THE USER SUBMISSIONS, (g) LACK OF VIRUSES, WORMS, TROJAN-HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, (h) ACCURACY, QUALITY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS, OR (i) DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT, OR LACK OF NEGLIGENCE. THE OFFERINGS AND THE USER SUBMISSIONS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
    2. Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DNASOLVES® WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THE OFFERINGS CONTENT OR THE USER SUBMISSIONS, (ii) YOUR CONTRIBUTION, (iii) ANY INVESTIGATION, (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH DNASOLVES®, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, OF OTHER USERS OR THIRD PARTIES, OR (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER SUBMISSIONS. IN NO EVENT WILL DNASOLVES®’ AGGREGATE LIABILITY EXCEED $100.00. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS.
    3. Risk of Use. YOUR ACCESS TO, AND USE OF, THE OFFERINGS AND THE USER SUBMISSIONS AND YOUR MAKING A CONTRIBUTION ARE AT YOUR RISK, INCLUDING YOUR ASSUMPTION OF ALL RISKS THAT THE OFFERINGS OR THE USER SUBMISSIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE. IF YOU ARE DISSATISFIED WITH THE OFFERINGS OR THE USER SUBMISSIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE OFFERINGS AND THE USER SUBMISSIONS. IN NO EVENT WILL DNASOLVES® BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND DNASOLVES® HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE OFFERINGS.
    4. Medical/Health Care Disclaimer. THE OFFERINGS CONTENT IS INTENDED SOLELY AS GENERAL INFORMATION AND IS NOT INTENDED AS MEDICAL OR HEALTH CARE ADVICE FOR ANY INDIVIDUAL PROBLEM AND IS NOT A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTH CARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEATH CARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING CONTAINED IN THE OFFERINGS CONTENT AND THE USER SUBMISSIONS IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE OFFERINGS CONTENT AND THE USER SUBMISSIONS ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER DNASOLVES® NOR ANYONE ELSE IS ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE TO YOU.
  14. Notices. Except as otherwise provided in these Terms (including with respect to modifications to these Terms or modifications to the Offerings), DNASolves® may deliver notices to you via electronic mail or by prepaid certified mail, return receipt requested, at the address maintained in DNASolves®’ database; any such notice will be deemed effectively given upon delivery. You may give notice to DNASolves® by prepaid certified mail, return receipt requested, at the following address: 2829 Technology Forest Boulevard Suite 100, The Woodlands, Texas 77381, and any such notice will be effective upon receipt by DNASolves®.
  15. General.
    1. Governing Law and Venue. These Terms will be governed by, and construed and enforced in accordance with, the laws of the state of Texas as applied to agreements made, entered into, and performed entirely in Texas by residents of Texas, notwithstanding the actual residence of DNASolves® or You. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the U.S. located in Montgomery County, Texas, U.S. for any actions for which DNASolves® retains the right to seek injunctive or other equitable relief.
    2. Arbitration. In the event of any difference or dispute arising under, or in connection with, these Terms (a “Dispute”), the disputing party shall give written notice of such dispute (the “Initial Dispute Notice”) to the other party, setting out the reasonable details of the Dispute. Thereafter, the parties agree to first try to resolve the Dispute informally. Failing settlement of the Dispute by the parties within 30 days following the non-disputing party’s receipt of the Initial Dispute Notice, the parties shall use the following dispute resolution procedure if a party elects to proceed with a formal dispute resolution process upon written notice to the other party (the “Formal Dispute Notice”):
      1. The parties agree to resolve any Dispute (excluding any DNASolves®’ claim for injunctive or other equitable relief) by binding arbitration in The Woodlands, Texas, U.S. by the American Arbitration Association (“AAA”) before a single arbitrator with a minimum of 10 years’ experience in the privacy and health care industries under the AAA’s Rules for Commercial Disputes then in effect, except as provided in, and subject to, these Terms. The substantive law of the state of Texas shall apply to all issues presented to the arbitrator, including the validity, scope, interpretation, and enforceability of this Section 15.2. In addition, the Texas Rules of Evidence and Procedure shall apply to this Section 15.2, subject to the terms and conditions of, and the limitations set forth in, this Section 15.2.
      2. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses; provided, however, that in no event shall the arbitrator award money damages or equitable relief or specific performance not expressly authorized by, or in conflict with, these Terms. The arbitration award shall be final and not subject to appeal, except in the event of fraud or misconduct of the arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section 15.2 shall be deemed as preventing DNASolves® from seeking injunctive or other equitable relief from the courts without the requirement of posting bond or any other security.
      3. All claims must be brought in the parties’ individual capacities and not as plaintiffs or class members in any purported class or representative proceeding. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DNASOLVES® ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    3. Entire Agreement. These Terms (including the Privacy Policy) constitute the complete, final, and exclusive understanding between DNASolves® and you relating to the subject matter of these Terms and govern the Offerings and the User Submissions, superseding all prior or contemporaneous understandings, agreements, or communications with respect to such subject matter.
    4. Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future laws, such provision will be fully severable, and these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of these Terms; and the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of these Terms a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. DNASolves®’ waiver of a breach of any provision of these Terms by you will not operate or be construed as a waiver by DNASolves® of any subsequent breach by you.
    5. No Amendments by You. You may not amend these Terms without DNASolves®’ prior, express, and written consent.
    6. Assignment. DNASolves® may assign DNASolves®’ rights and delegate DNASolves®’ duties and obligations under these Terms to any party at any time without notice to you. These Terms are not assignable, transferable, or sub-licensable by you without DNASolves®’ prior, express, and written consent.
    7. Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms, and You do not have any authority of any kind to bind DNASolves® in any respect whatsoever.
    8. Interpretation. In the interpretation of these Terms, except where the context otherwise requires, (i) “including,” “include,” or “such as” does not denote or imply any limitation, (ii) “or” has the inclusive meaning “and/or,” (iii) “and/or” means “or” and is used for emphasis only, (iv) “U.S.” means the United States of America, (v) “$” refers to U.S. dollars, (vi) the singular includes the plural, and vice versa, and each gender includes each other gender, (vii) captions or headings are only for reference and are not to be considered in interpreting these Terms, (viii) references to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, (ix) “Section” refers to a section of these Terms, unless otherwise stated in these Terms, (x) all references to times are times in The Woodlands, Texas, and (xi) “day” refers to a calendar day unless expressly identified as a Business Day. “Business Day” means any day that is not a Saturday, Sunday, or official federal holiday in the U.S.
    9. Legal Counsel. YOU ACKNOWLEDGE THAT YOU ARE AWARE THAT (i) THE LEGAL, PRIVACY, AND OTHER MATTERS IN THESE TERMS ARE COMPLEX AND (ii) YOU ARE FREE TO SEEK ADVICE WITH RESPECT TO SUCH MATTERS FROM INDEPENDENT LEGAL COUNSEL. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE EITHER SOUGHT SUCH ADVICE OR DETERMINED AFTER CAREFULLY REVIEWING THESE TERMS THAT YOU HAVE ELECTED NOT TO SEEK SUCH ADVICE.
    10. Survival. This Section 15 and Sections 8, 9, 10, 12, 13, and 14 will survival termination of these Terms or your right to access or use the Offerings and the User Submissions.

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