Terms & Conditions
Terms of Use
Last Updated: October 15th, 2021
We are pleased to offer you access to the www.LifeDNA.com website, its associated mobile applications (“Apps”), and their features and services (collectively, the “Service”) operated by LifeDNA, Inc. (“Company” or “LifeDNA”) conditioned on your acceptance without modification of the following Terms of Use. The Service provides an online platform that uses DNA to provide personalized insights, recommendations and products (“Products”) uniquely tailored to you and your individual needs.
The following Terms of Use for the Service is a legal contract between you, an individual user (collectively or individually “Users”) and Company regarding your use of the Service. Together, Users and Company are each referred to herein individually as a “Party” or collectively as the “Parties”. When using the Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms of Use.
BEFORE USING THE SERVICE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE” OR “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.
1. Eligibility. The Service is not intended for anyone under the age of 18. You represent that you meet the eligibility requirements in this Section and affirm that you are over the age of 18.
2. Privacy. Your privacy is important to LifeDNA. LifeDNA’s Privacy Policy /privacy-policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to Company’s collection, use, and disclosure of your personal information.
3. Modification of the Terms. From time to time, Company may change, modify, add, or remove portions of the Terms, and reserves the right to do so at its sole discretion, without notice. If we modify the Terms, we will make them available through the Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change; provided, however, that any modifications shall be binding on you even if we fail to notify you. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. All amended Terms automatically take effect 5 days after they made available through the Service, except that (i) disputes between you and Company will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Service. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms
4. Service Access and Use.
a. Grant and Restrictions. Company grants you permission to use the Service as set forth in these Terms, provided that and for so long as (i) you use the Service solely for your personal use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Service in any medium without Company’s prior written authorization; (iii) you do not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The Service is controlled and offered by Company from its facilities in the United States.
b. No Medical Advice. The Service is intended solely to deliver information on a consultation basis and to facilitate the purchase of the suggested Products and are not intended to be used as medical advice, diagnosis, or treatment of any medical condition or health problem, and you should seek all such medical advice, diagnosis, or treatment from your physician. Your use of the Service does not create an express or implied physician-patient relationship between you and Company or its agents. Company makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of the Service. Company does not assume any risk whatsoever for your use of the Service or the results thereof. In using the Service, you agree that Company shall not be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of the Service. Company does not assume any responsibility for any medical treatment of individuals using the Service. You assume the risk of the limitations inherent in the Service and understand that no warranty or guarantee is made concerning any particular result. Further, Company has no liability or responsibility for the accuracy or completeness of the medical, genetic and personal information submitted by you or for any errors in its electronic transmission. We recommend that you consult your medical experts if you wish to have any assurances or advice as to the safety or efficacy of the Service.
c. Third Party Products. In connection with your use of the Service, Company may provide you with or refer you to certain third-party products (“Third Party Products”) that may be useful in connection with your use of the Service. Company does not endorse or certify any Third-Party Products. Company provides no recommendation or opinion regarding any Third-Party Products, including without limitation as to their quality, merchantability or usefulness, other than a statement to the fact that Company has determined based on such Third-Party Products’ specifications and a limited non-scientific evaluation of such Third-Party Products conducted by the Company, that such Third-Party Products may be useful in connection with the use of the Services. Please note that such determination is made solely based on the published specifications for such Third-Party Products published by the manufacturers of such Third Party Products, and limited non-scientific evaluation by Company’s personnel. The Company does not conduct any laboratory testing or any other evaluation of Third-Party Products to determine whether such products are useful or conform to their specifications or are otherwise of good merchantable quality.
d. Third-Party Fees. You understand and acknowledge that third-party fees may apply to your use of the Apps, including without limitation fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees. Please note that transmitting certain data to the Service or Apps may be data-intensive, and you should confirm your data usage plan details with your network operator.
e. Location-Based Services. Some of the features of the Service may now or in the future enable Company to access your location in order to provide the Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable Company to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to Company. You will be given the option to automatically enable the provision of some Location-based Services through the Apps, and to enable or disable such Location-based Services at any time through the App’s Settings menu. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of the Apps. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Apps, (ii) Company may provide Location-based Services related to and based on your then-current location, and (iii) Company may use any such information collected in connection with the provision of Location-based Services in connection with its provision of the Apps. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.
5. Ownership; Proprietary Rights. The Service including without limitation any methods of operation, moral rights, documentation, software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of the Service that are provided by Company (“Company Materials”) are owned and/or licensed by Company. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Service or the Company Materials. You shall not, and shall not permit others to, reverse engineer the Service or Company Materials. Company reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Company Materials, except for the limited rights set forth in these Terms.
6. Account Information and Purchases.
a. Account Information. In order to access the Service, you will have to create an account. You acknowledge, consent, and agree that Company may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms; (iii) provide certain customized features of the Service to you, if any; (iv) respond if you contact Company for any reason; or (v) protect the rights, property, or personal safety of Company, its other Users, and the public. We may also provide functionality designed to permit you to register with the Service through your account(s) with certain third-party services, such as email providers, social networks (including, but not limited to, Facebook), and other online application platforms to which you may be a user (collectively, “Third-Party Service(s)”). When you register through your Third-Party Service account, you will be asked to login to the Service using your Third-Party Service account credentials. By creating a member account via your account with a Third-Party Service, you are allowing Company to access your Third-Party Service account information and you are agreeing to abide by the applicable terms and conditions of your Third-Party Service. If you are not currently registered as a member and you click to login with a Third-Party Service, you will first be asked to enter your Third-Party Service credentials and then be given the option to register and join Company. You may be able to automatically post historical activity back to the applicable Third-Party Service, and you may also have the option to disable the connection between your account and Third Party Service account at any time by accessing the Third-Party Service account and disconnecting access to the Service.
b. Payments and Cancellation. You agree to pay all applicable fees for your use of the Service, plus any applicable taxes or other charges as may be required, when due and payable. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All fees and charges are payable in advance and non-refundable, including after cancellation. If you wish to cancel your subscription, please reach out to customer support at [email protected] and provide your information and reason for cancellation request. Cancellation of subscriptions will take effect at the end of the applicable then-current billing period for which payment has been made in advance as described above.
c. Purchases. When you place an order for Products through the Service, the Products will be shipped to the address you designate as the “Shipping Address” during the check-out process.
7. Refund Policy. Refund requests can be made by reaching out to customer support at [email protected] and providing your information and reason for refund request. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
a. Reports with existing DNA upload. If you have uploaded your raw DNA data from a 3rd party website – you will receive your reports instantly and there will be no refunds if the reports have been viewed.
b. Reports with LifeDNA kit. If a DNA kit has been sent to your address provided – there will be no refunds. If a refund is requested BEFORE it is shipped out, a refund will be granted.
8. Password. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Company. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, COMPANY OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
9. Links and Third-Party Websites; Integrated Services. Company, Users and other third parties may provide links on the Service to other sites, including the content therein (“Reference Sites”). Company has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Service. Company provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Service. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
10. Service Availability. Company may make changes to or discontinue any of the media, products, or services available within the Service at any time, and without notice. The media, products, or services on the Service may be out of date, and Company makes no commitment to update these materials on the Service.
11. Prohibited Uses of the Service.
a. As a condition of your use of the Service, you hereby represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
b. Any use by you of any of the Company Materials and Service other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Service for any purpose other than for your personal use.
c. You agree not to use the Service if you do not meet the eligibility requirements described in Section 1 above.
d. You agree not to use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.
e. You agree not to intentionally interfere with or damage, impair or disable the operation of the Service or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Service with the intended result of denying service to other Users.
f. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service.
g. You agree not to attempt to gain unauthorized access to the Service or any part of it, other accounts, computer systems or networks connected to the Service or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted through the Service.
h. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
i. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
j. You agree not to utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without Company’s express written consent.
k. You agree not to use any Company logos, graphics, or trademarks as part of the link without our express written consent.
l. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
m. You agree not to modify, adapt, translate, or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
n. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
o. You agree to monitor your user account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your user account. You are responsible for any use of your credit card or other payment instrument (e.g. Paypal) by minors.
p. You agree not to have more than one user account, at any given time, and shall not create a user account using a false identity or information, or on behalf of someone other than yourself.
q. You agree not to have a user account or use the Service if you have previously been removed by Company or previously been banned from using the Service.
r. You agree not to collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
s. You agree not to upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
t. You agree not to engage in any act that Company deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our Service rules, Service mechanics or policies.
u. You agree not to make improper use of Company’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel.
12. Feedback. You agree that any feedback, analysis, suggestions and comments to Company provided by you (collectively, “Feedback”) will become the property of Company. AS FURTHER CONSIDERATION FOR YOUR ACCESS TO THE SERVICE, USER HEREBY ASSIGNS TO COMPANY ALL RIGHT, TITLE AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE FEEDBACK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER AGREES THAT COMPANY SHALL HAVE THE PERPETUAL, IRREVOCABLE, ROYALTY-FREE, AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing assignment and to grant to Company the rights granted under this Section and that any Feedback which is provided by User to Company does not infringe any third-party intellectual property rights. Notwithstanding the foregoing assignment, Company grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
13. Terms of Use Violations; Termination. You agree that Company, in its sole discretion, may terminate any account (or any part thereof) you may have through the Service or your use of the Service. You agree that your access to the Service or any account you may have or portion thereof may be terminated without prior notice, and you agree that Company shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Company may have at law or in equity.
14. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SERVICE; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY; (IV) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (V) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY COMPANY. COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
15. DISCLAIMERS; NO WARRANTIES.
a. ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, AND SECTIONS 16 AND 17 BELOW, THE TERM COMPANY INCLUDES COMPANY’S PARENT, SUBSIDIARY, AFFILIATED AND OTHER RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP) AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
b. NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
c. “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
d. SERVICE OPERATION. COMPANY DOES NOT WARRANT THAT THE COMPANY MATERIALS, THE SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
e. ACCURACY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
f. HARM TO YOUR COMPUTER OR MOBILE DEVICE. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
16. LIMITATION OF LIABILITY AND DAMAGES.
a. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. LIMITATION OF DAMAGES. IN NO EVENT SHALL COMPANY OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS” TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR ONE-HALF OF THE ANNUAL FEES PAID BY YOU (IF APPLICABLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.
c. THIRD-PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE SERVICE TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR THIRD-PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.
17. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
a. LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
b. BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18. Digital Millennium Copyright Act Compliance.
a. Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any content of the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing.
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 are covered by a single notification, a representative listing of such works or a link or URL to all such works;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Service and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Service;
iv. Information reasonably sufficient to permit Company 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.
Company’s designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent
c/o LifeDNA, Inc.
1050 Queen St. #100
Honolulu, HI 96814
Email: [email protected]
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
a. Notice And Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
2. Miscellaneous.
a. Notice. Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Service. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Company is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Company with notices only by mail to the address indicated in subsection (l) below.
b. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law.
c. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state or federal courts in and for the County of Santa Clara and State of California and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
d. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
e. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
f. Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
g. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content or other Contributed Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to these Terms.
h. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
i. Entire Agreement. This is the entire agreement between you and Company relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Company. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Company as set forth in Section 3 above.
j. CLAIMS. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
k. Disclosures. The services hereunder are offered by LifeDNA, Inc., located at 1050 Queen St. #100, Honolulu, HI 96814.
Mobile Message Service Terms and Conditions
Last Updated: April 20, 2021
LifeDNA, Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA].
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected] Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Honolulu, Hawaii before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which LifeDNA’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.