As of August 28, 2017
1. Terms and Conditions
Before using the CRI Genetics Website (“Website”), ordering a DNA Sample Collection Kit (“DNA Sample Kit”) or having access to the results of your DNA Sample Kit (“DNA Results”), you must review and accept these terms and conditions (the "Terms and Conditions" or "Agreement"). The Agreement defines your rights and responsibilities as a user ("User", sometimes referred to as “you” as permitted by context) of the Website and/or the services offered by CRI Genetics (“DNA Service”) (collectively with the Website, the “CRI Services”). By using the CRI Services, you become legally bound by this Agreement, which is between you and CRI Genetics, LLC ("CRI Genetics," "we," or "us"). Do not use the CRI Services if you do not agree to these Terms and Conditions. The right to use the CRI Services is for your sole, personal use, and cannot be transferred to any other person or entity. The CRI Services are operated and provided solely in the United States of America. The DNA Services will not be provided to a User mailing address outside of the United States of America. The CRI Services are governed by this Agreement, which, in turn, is governed by the laws of the State of California and the United States. Registering as a User and having DNA tested as a part of the DNA Service results in your personal and genetic information being stored and processed in the United States, and you specifically consent to CRI Genetics 's storage and processing of the DNA and other personal data you submit. Please note that in order to use the DNA Service, you will need to create an account (“User Account”) hosted on the Website. Your use of the User Account and Website is subject to the CRI Genetics Privacy Statement.
The CRI Services provided herein are intended for persons eighteen (18) years of age or older (“adult”). If you are not an adult, you may not use the CRI Services and you may not accept these Terms and Conditions. If any person younger than 18 years of age (“minor”) gains access to the Website or DNA Service, the parent or guardian of that minor will be held responsible for the minor's actions. If you submit a sample DNA as part of the DNA Service (“DNA Sample”) of a minor, you must represent that you are the minor's parent, legal guardian and/or have explicit permission from the minor's parent or legal guardian. For the avoidance of doubt, if your use of the CRI Services is limited to solely creating a User Account without submitting a DNA Sample or providing any other information regarding your DNA (“DNA Information”), you must be at least thirteen (13) years of age or older to accept these Terms and Conditions.
These Terms and Conditions, together with the CRI Genetics Privacy Statement and Consent Agreement, and any other legal notices, terms, guidelines, or rules applicable to the CRI Services published by CRI Genetics on the Website from time to time, shall constitute the entire agreement between you and CRI Genetics concerning the CRI Services. All such notices, terms, guidelines or rules are hereby incorporated by reference into this Agreement. We are not obligated to give you any notice or warning of such modifications taking effect. If you do not wish to be bound by the modified Agreement, you may cancel the agreement by sending us notice of termination to the e-mail address identified in Paragraph 5 (Termination) below. Unless and until we receive such notice, your continued access or use of CRI Services following posting of the modified agreement shall be deemed your acceptance thereof. CRI Genetics shall also have the right at any time to change or discontinue any aspect or feature of CRI Services including, but not limited to, all of its content, and its hours of availability. CRI Genetics may also offer other services from time to time that are governed by different terms and conditions.
2. Website, Limited Use License
The Website contains text, graphics, pictures, videos, sounds, music, artwork, logos, information, data, interactive features, software, scripts, user generated information, editorial and other content accessible by Users ("Website Materials"). All Website Materials are either owned, licensed to, or copyrighted by CRI Genetics and may be used only in accordance with this limited use license. The Website is protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Website are owned by or licensed to CRI Genetics. CRI Genetics and its licensors retain title, ownership and all other rights and interests in and to all Website Material. If you do not comply with the terms of this Agreement, this license shall terminate immediately, and, at CRI Genetics sole discretion, may result in immediate termination of your User Account and/or in legal action against you.
You shall not, unless otherwise authorized, display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the DNA Sample Kit, DNA Service, use of the DNA Service, or access to the DNA Service.
This limited license is only for personal use. All the Website Materials, whether protected by copyright and/or contract rights, is provided to you “AS-IS” and only for use as permitted through the Website. While CRI Genetics attempts to ensure that the Website Materials are complete, correct, and accurate, the Website Material may occasionally be incomplete, incorrect, or inaccurate. CRI Genetics makes no representation that the Website Material is complete, correct, accurate, reliable or error-free. The Website Materials may contain images or documents that are protected by copyrights or are subject to various use-restrictions. You agree to not reuse these images or documents without our prior written approval.
We shall allow you to use any software we provide on the Website (“Website Software”) so long as you do not download, copy, reuse, or distribute that Website Software, except as allowed by us. You must not interfere or attempt to interfere with the Website in any manner. You may not use any software program, virus or routine to block, obscure, overwrite or modify any Website Material or web pages or to destroy the Website Software, hardware or telecommunications equipment of the Website or another person. You shall not use the Website or from your DNA Results in any manner for any discriminatory, breach of privacy or otherwise illegal activity.
By using the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You shall always provide valid, true, accurate, and complete contact information, and you shall always have a valid email address on file with CRI Genetics. Without limitation, you shall refrain from posting, transmitting, sending or otherwise making available, through or in connection with the Website: (i) any information which may violate the privacy or breach the confidentiality of other people, including family members; (ii) email addresses or other contact information of living individuals other than yourself, without such individual’s express consent; (iii) any information relating to Minors, including without limitation, information which identifies such Minor, discloses personal details about them, or provides any means of contact or communication (e.g. their address or email address) with the Minor, without the express written consent of the Minor’s parent or guardian; or (iv) any computer virus or other malicious or harmful code; (v) any content that violates our CRI Genetics Privacy Statement.
3. The DNA Service
The DNA Service includes (1) us sending you a DNA Sample Kit, (2) you submitting a saliva sample for DNA testing and returning the DNA Sample to us as instructed, and (3) an online service where Users can create a free User Account and view their results. All DNA testing performed by CRI Genetics on submitted DNA Samples is done for research purposes only and should not be used for individual medical or diagnostic purposes. CRI Genetics will analyze Users’ genetic and genealogical information and will use Users DNA Results, in the aggregate, to make discoveries in the study of genealogy, anthropology, genetics, evolution, languages, cultures, medicine, and other topics.
By submitting a DNA Sample for testing, you represent that you are eighteen (18) years of age or older, and the DNA Sample you are submitting is your own or of a person under the age of eighteen (18) for whom you are the legal guardian or have obtained legal authorization to provide their DNA to CRI Genetics. If you submit a DNA sample of a minor, you must provide written confirmation of our authority to do so, in a format acceptable to us, as requested prior to the DNA Results for the relevant minor being provided. By submitting DNA samples to CRI Genetics, you give permission to CRI Genetics to extract the DNA from the samples, perform genetic tests on the DNA using test methods currently known and which may be developed in the future, to disclose the results of the tests performed to you, to store the samples for further genetic testing (with your consent) and archiving purposes, and to store the results of the DNA tests in accordance with this Agreement and with the CRI Genetics Privacy Statement. If you have reason to believe you have an active infectious disease, condition or disorder please do not return your sample to us until such time as that disease condition or disorder is no longer infectious or has been cured.
CRI Genetics does not claim any ownership rights in the DNA Sample that is submitted for testing. The data contained in your DNA, and any information derived from it (“Genetic Information”), belongs to the person who provided the DNA Sample, subject only to the rights granted to CRI Genetics in this Agreement. You may request to have CRI Genetics delete your Genetic Information or destroy your DNA Sample at any time by contacting 1-800-571-9216 and speaking to a CRI Genetics representative. If you have agreed to our Consent Agreement, deletion of your Genetic Information is subject to additional provisions.
By submitting your DNA Sample to CRI Genetics, you grant CRI Genetics a royalty-free, worldwide, sub-licensable, transferable license to host, transfer, process, analyze, distribute, and communicate your Genetic Information for the purposes of providing you products and services, conducting CRI Genetics’ research and product development, enhancing CRI Genetics’ user experience, and making and offering personalized products and services. In addition, you understand that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by CRI Genetics using your Genetic Information.
CRI Genetics will only share your Genetic Information with third parties as governed by the Privacy Statement. CRI Genetics does not share Genetic Information with third parties without your consent, and will not share your Genetic Information with law enforcement unless compelled by valid legal process as described in our Privacy Statement. Any sharing of Genetic Information for external research purposes is governed by the Consent Agreement.
You hereby release CRI Genetics from any and all claims, liens, demands, actions or suits in connection with the DNA Sample, the DNA Test or DNA Results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
You agree that the sample will be tested and stored in the United States as provided in this Agreement. You further agree that your DNA Results may only be accessible through the Website and that you may not be able to use the Results in a website targeted to your country of residence or hosted outside the United States.
In our sole discretion, if we believe this Agreement or any portion of it has been violated, your DNA Sample may not be processed, your DNA Results and DNA Sample may be deleted and your User Account may be terminated without notice.
4. Risks and Considerations
What you learn from your DNA Results may have a profound effect on your life. Do not assume any information provided to you by us, whether now or in the future, will be positive or appreciated. You may learn unexpected information about yourself, or your family members, which could potentially change your perspective on life and the world (e.g., your ancestors are not from the region you knew them to be from or you are not of the ethnic descent you thought you were). These conclusions could have significant social, familial, legal, or economic implications. You hereby acknowledge that genetic research is constantly progressing and future advances may require you to obtain further services from CRI Genetics, your physician, a genetic counselor, or other health care provider in order for you to accurately assess the meaning of your DNA Results in the context of such advances. Before you collect your sample for testing, we advise you to speak with a genetic counselor or other healthcare professional with special training in genetic conditions, in order to better inform yourself and properly determine whether the DNA Service is right for you. Such professionals may also be able to help you interpret and comprehend your DNA Results and the ramifications thereof. If you feel very anxious about getting genetic health results, speak with your physician or a genetic counselor prior to collecting your sample for testing. If you are in any way concerned about any such potential implications, DO NOT USE the DNA Services. You agree to indemnify and hold CRI Genetics, its subsidiaries, employees, directors, agents, licensors, managers, affiliates and any third party acting on our behalf, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made due to or arising out of your use of or access to the DNA Services and any implications of such use.
The laboratory may not be able to process your sample, and the laboratory process may result in errors. Factors s such as, without limitation, the DNA Sample not containing a sufficient volume of DNA or the DNA Sample not containing enough saliva, may contribute to such failure. If the initial processing fails due to laboratory failure or because the DNA Sample submitted did not contain enough saliva to test, CRI Genetics will reprocess the same sample at no charge to the User or will offer to send another DNA Sample Kit to the User to collect a second sample at no charge. If the User sends a second sample and CRI Genetics attempts to process the second sample are unsuccessful, CRI Genetics will not send additional sample collection kits and the User will be entitled solely and exclusively to a complete refund of the amount paid to CRI Genetics, less shipping and handling. Any further testing done as part of the DNA Service must be purchased by the User at the standard prevailing price offered by CRI Genetics at that time to all Users. CRI Genetics reserves the right to refuse the DNA Service to anyone whom has repeatedly (more than once) received failed testing results for any reason. If the User purchases the DNA Service despite repeated failed test results, and has been advised by us to not submit further DNA Samples, and resubmits another DNA Sample and processing is not successful, CRI Genetics will not offer to reprocess the sample or provide the User a refund. Even when testing is substantially successful and meets our standards, a small, unknown fraction of the data generated during the testing may not be interpretable or may be incorrect. As this possibility is known in advance, Users are not entitled to refunds when these events occur.
CRI Genetics does not advise you to change your conduct with respect to your health based on the information contained in your DNA Results. Discuss your DNA Results with your physician or other health care provider prior to changing your health behaviors due to the information contained in your DNA Results. The DNA Results will only contain information collected from your DNA Sample and will not take into consideration any outside factors which may have an impact on your health such as undiscovered genes, environmental factors, or lifestyle choices. If your DNA Results indicate you are at risk for a particular condition or disease, it does not mean you will definitively develop the condition or disease. The converse is also true; if your DNA Results indicate you are not at an elevated genetic risk for a particular condition or disease, it does not mean you are guaranteed to never develop such condition or disease. In either case, if you have concerns or questions about the information in your DNA Results, you should contact your physician or other health care provider.
Genetic research is not currently a comprehensive and completely-understood field. Only a small percentage of the data we test in your DNA are known to be related to human traits or health conditions. The genetic research community is constantly learning more about genetics, and CRI Genetics intends to contribute to this research. Additionally, some ethnic groups are not included in genetic studies, so some interpretations may be incomplete because our service relies, in part, on these published studies. The scientific community may change its interpretation of genetics, and your DNA Results, at any moment, rendering previous research as incomplete or inaccurate. You hereby acknowledge the current understanding of Genetic Information is rapidly evolving and our understanding of genetics could change drastically at any moment.
Your Genetic Information could be used against your best interests if shared with the wrong people, so be cautious when disclosing your DNA Results with others. You may want to consult a lawyer to understand the extent of legal protection of your genetic information before you share it with anybody. The Genetic Information Nondiscrimination Act (“GINA”) was enacted in the United States in 2008, with the intention of protecting individuals from genetic-based discrimination by employers and health insurance companies. However, the law in this sector has not been clearly established and could change in the future. In addition, GINA does not cover life, long-term care, or disability insurance providers. Some states have laws that protect individuals with regard to their genetic information. Furthermore, genetic information that you choose to share with your physician or other health care provider may become part of your medical record and could become accessible to other health care providers and/or insurance companies in the future. As new discoveries are made, the meaning of your Genetic Information could prove different in the future than it does today. If you are asked by an insurance company whether you have learned genetic information about health conditions and you do not disclose this to them, this may be considered to be fraud.
Due to the current state of genetic knowledge and comprehension, the DNA Services are for personal research, informational, and educational use only. We do not provide medical advice, and you should not use the DNA Services to self-diagnose a health condition or as a substitute for professional medical advice. We utilize common technology used throughout the research community. However, the technology utilized and the discoveries we’ve made in genetics have not been clinically approved or validated. In an effort to progress the genetic testing and research field, CRI Genetics invites Users to participate in research conducted by CRI Genetics. Participation in such research is voluntary and accessible via the CRI Genetics Consent Document. Always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. CRI Genetics does not endorse, warrant, or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on the Website. Any recommendation made by us on the Website is solely intended for informational purposes only and for discussion with your physician or other healthcare provider. Only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by CRI Genetics, CRI Genetics employees, others appearing on our Website at the invitation of CRI Genetics, or other visitors to the Website is solely at your own risk. We are not licensed as a clinical laboratory, or by any domestic or international authority governing health and disease-related genetic testing. We do not offer our Services in certain jurisdictions which require special licenses.
This Agreement will continue to be in effect until terminated by either you or CRI Genetics pursuant to this Section. If you wish to terminate this Agreement with CRI Genetics, you may do so by notifying CRI Genetics in writing at any time. Your notice should be sent to CRI Genetics at the email address email@example.com. CRI Genetics will send you a confirmation email asking you to verify your request, and, upon receipt of your confirmation, this Agreement between you and CRI Genetics will terminate. By Terminating this Agreement, CRI Genetics will close your all User Accounts for all CRI Services that you use.
CRI Genetics may terminate its Agreement with you, and in connection may close and terminate your User Accounts, at any time if: (1) you have breached any provision of this Agreement (or have acted in a way which we in our sole discretion indicates to us that you do not intend to, or are unable to comply with, this Agreement); (2) CRI Genetics is required to do so by law; or (3) the CRI Services offered by CRI Genetics is, in CRI Genetics' opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of this Agreement may be referred to appropriate law enforcement authorities. You acknowledge and agree that CRI Genetics shall not be liable to you or any third party for any termination of your access to the CRI Services.
6. Survival of Terms
When this Agreement come to an end, all of the legal rights, obligations, and liabilities that you and CRI Genetics have benefited from, been subject to, or which have accrued over time while the Agreement have been in force, or which are expressed to continue indefinitely, shall be unaffected by the termination of this Agreement , and the provisions of sections 1 (Terms and Conditions); 2 (Website; Limited Use License); 3 (DNA Services); 4 (Risks and Considerations); 5 (Termination); 6 (Survival of Terms); 7 (User Representations); 8 (User Account); 10 (CRI Genetics Privacy Statement and Consent Document); 11 (CRI Genetics Proprietary Rights); 14 (Hyperlinks and the Website); 15 (Disclaimer Of Warranty; Limitation of Liability); 16 (Indemnity); 18 (Notice); and 19 (Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
7. User Representations and Warranties
By using the CRI Services, you agree to, acknowledge, and represent as follows:
i. You acknowledge that the information you learn from CRI Genetics is not meant to independently diagnose, treat, or prevent any condition or disease, or to determine the status of your health. You acknowledge that the CRI Services are intended for personal research, informational, and educational purposes only. All information that CRI Genetics provides which may indicate a diagnosis or to a possible treatment should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that CRI Genetics encourages you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your DNA Results and Genetic Information.
ii. You expressly permit CRI Genetics, its contractors, successors and assignees to perform genotyping services on your DNA Sample and you specifically request CRI Genetics to disclose the results of analyses performed on your DNA Sample to you.
iii. You represent that you are at least eighteen (18) years of age or older if you are providing a DNA Sample or accessing your User Account to view your DNA Results.
iv. You represent that any DNA Sample you provide is your saliva; if you are agreeing to this Agreement on behalf of a minor or other person for whom you have legal authorization, you represent that the sample provided will be the sample of that minor or other person.
v. You warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
vi. You acknowledge that some of the information you receive may be prove to be unwanted or unexpected, and may provoke strong emotion.
vii. You are responsible for all possible consequences resulting from your disclosure of your DNA Results and Genetic Information to others.
viii. You acknowledge that all personal information you provide to us, in addition to the Genetic Information contained within your DNA Sample, will be stored in CRI Genetics databases and will be processed in accordance with the CRI Genetics Privacy Statement.
ix. You acknowledge and agree that you shall acquire no rights of any kind in any of the research or commercial products that may be developed by CRI Genetics due to your submittal of your DNA Sample. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your DNA Sample or Genetic Information.
x. You warrant and represent that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these warranties and representations. In case of breach of any one of these representations, CRI Genetics has the right to suspend or terminate your account and refuse any and all current or future use of the CRI Services (or any portion thereof). You will defend and indemnify CRI Genetics and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
8. User Accounts
As part of the DNA Service, you will be required to create a User Account through the Website in order to receive and review your DNA Results. By creating such User Account, you agree to provide true, accurate, current, and complete information about yourself (“User Account Information”) as requested. You also agree to maintain and keep such User Account Information true, accurate, current, and complete at all times and promptly update the User Account Information as necessary. If you provide any User Account Information that is untrue, inaccurate, not current, incomplete, or if CRI Genetics has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, CRI Genetics has the right to suspend or terminate your User Account and refuse any and all current or future use of the CRI Services (or any portion thereof). After receiving your DNA Sample Kit, you will be required to register your DNA Sample Kit number (“Sample Registration Number”) on the Website in conjunction with your User Account. You are responsible for the confidentiality of the password to your User Account, and are fully responsible for all activities that occur under your password or User Account. If you allow third parties to access the Website through your User Account, you will defend and indemnify CRI Genetics and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify CRI Genetics of any unauthorized use or access to your User Account or any other breach of security. We encourage you, and you hereby agree, to log off of your User Account before exiting your User Account and the Website. CRI Genetics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. DNA Samples and DNA Results
You are solely responsible for the DNA sample(s) you send to CRI Genetics and for the DNA Results you submit through any of the DNA Services and any material or information that you transmit to us, our members, or any of our Users. We do not endorse and have no control over the DNA sample(s), DNA Results, and Genetic Information. We make no warranties, express or implied, as to the DNA Results and Genetic Information or to the accuracy, reliability, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website or the DNA Services or the DNA Results or your Genetic Information.
10. CRI Genetics Privacy Statement and Consent Document
By using the CRI Services, you acknowledge and agree to be legally bound to the CRI Genetics Privacy Statement. You may not use the CRI Services if you do not agree to the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to agree to this Terms and Conditions, where this option is made available to you by CRI Genetics for any CRI Service; or by (2) actually using the CRI Services. You acknowledge and agree that CRI Genetics has the right to monitor any use of its systems or services by its personnel at any time and maintain copies documenting such monitoring. The Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the DNA Services, Website, or other systems. CRI Genetics will never release your DNA Results and/or Genetic Information and/or User Account Information to any third party without asking for and receiving your explicit consent to do so, unless required by law. Further, you acknowledge and agree that CRI Genetics is free to preserve and disclose any and all User Account Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that CRI Genetics may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CRI Genetics, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the CRI Services, including your User Account Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, CRI Genetics may, in its sole discretion, restrict access to the Website for any reason. Please refer to our Privacy Statement to read about data protection related to your information.
If you have given consent for your Genetic Information and Personal Information to be used in the CRI Genetics Research Project (the “GRP) as described in the applicable Consent Document, we may include your Information in what we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. The GRP may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. The GRP may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. CRI Genetics will never release your individual-level Genetic Information and/or Personal Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.
11. CRI Genetics' Proprietary Rights
i. CRI Genetics (or CRI Genetics' licensors, as applicable) owns all legal right, title, and interest in and to the CRI Services. This includes any intellectual property rights within the CRI Services (regardless of whether such rights have been registered, or wherever such rights exist in the world). Do not disclose any confidential material or information which may be contained in the CRI Services without receiving CRI Genetics' prior written consent.
ii. The CRI Services, as well as any Website Software used in connection with the CRI Services, may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The information presented to you through the CRI Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Unless expressly authorized by CRI Genetics, you agree not to, and to not permit anyone else to, modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the CRI Services or Website Software or any part thereof, in whole or in part. Website Software, if any, that is made available to download from the CRI Services, excluding software that may be made available by end-users through the CRI Services, is the copyrighted work of CRI Genetics and/or its suppliers. Your use of the Website Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Website Software ("Website Software Agreement").
iii. CRI Genetics trade names, service marks, logos, domain names, and other distinctive brand features are trademarks of CRI Genetics ("CRI Genetics Marks"). Nothing in this Agreement gives you the right to use any CRI Genetics Marks, and unless you have the prior written consent of CRI Genetics, you agree not to display, or use in any manner, the CRI Genetics Marks, except as provided for in paragraph 2 of this Agreement (Limited Use License).
iv. You shall not cause the removal, editing, or altering of any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the CRI Services.
v. You shall not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos when using the CRI Services.
vi. If any Website Software is not accompanied by a Website Software Agreement, CRI Genetics grants you a personal, nontransferable, and non-exclusive right and license to use the object code of its Website Software on a single computer. You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Website Software unless expressly permitted or required by law, or unless specifically authorized to do so in writing by CRI Genetics. This license is for the sole purpose of enabling you to use and enjoy the benefit of the CRI Services as provided by CRI Genetics under this Agreement. You shall not, unless specifically authorized in writing by CRI Genetics, assign (or grant a sublicense of) your rights to use the Website Software, grant a security interest in or over your rights to use the Website Software, or otherwise transfer any part of your rights to use the Website Software. You agree not to modify the Website Software in any manner or form, or to use modified versions of the Website Software, including (without limitation) for the purpose of obtaining unauthorized access to the CRI Service. You agree not to access the CRI Service by any means other than through the interface that is provided by CRI Genetics for use in accessing the CRI Service. Any rights not expressly granted herein are reserved.
12. General Practices Regarding Use and Storage
You acknowledge that CRI Genetics may establish general practices and limits concerning use of the CRI Services, including without limitation the maximum number of days that User Account Information, Genetic Information, and DNA Samples will be retained by CRI Genetics, the maximum disk space that will be allotted on CRI Genetics’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the CRI Services in a given period of time. You acknowledge and agree that CRI Genetics has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the CRI Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that CRI Genetics reserves the right to change these general practices and limits in its sole discretion.
13. Modification of Service
CRI Genetics reserves the right at any time and periodically to modify or discontinue, temporarily or permanently, the CRI Services (or any part thereof) with or without notice. You acknowledge and agree that (i) such modifications may result in a delay in computations for some of the CRI Services, and (ii) CRI Genetics shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the CRI Services. You acknowledge that CRI Genetics may offer different or additional technologies or features to collect and/or interpret DNA Samples and/or Genetic Information in the future and that your initial purchase of the CRI Service does not entitle you to any different or additional technologies or features for collection or interpretation of your DNA Sample and/or Genetic Information without fee, and that you will have to pay additional fees in order to have your DNA Sample/Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
14. Hyperlinks and the Website
The CRI Services may provide you with hyperlinks to other websites and internet resources. CRI Genetics has no control over such websites and resources. You, therefore, acknowledge and agree that CRI Genetics is not responsible for such websites and resources in any manner. You acknowledge that CRI Genetics does not endorse and is not liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that CRI Genetics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked website or resource.
15. Disclaimer of Warranty; Limitation of Liability
You hereby expressly agree that use of CRI Services is at your sole risk. The DNA Results are not promised or guaranteed to be correct, complete or up-to-date. CRI Services are provided on an “AS-IS “ basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or non- infringement.
Neither CRI Genetics, its affiliates nor any of their employees, agents, third party content providers or licensors warrant that CRI Services will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of CRI Services, or as to the accuracy or reliability of any content provided on or through CRI Services. Furthermore, there are no warranties as to the results obtained from the use of the content.
In no event will CRI Genetics, or any person or entity involved in creating, producing or distributing CRI Services be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages based upon or arising out of the use of or inability to use CRI Services. You hereby acknowledge that the provisions of this section shall apply to all information and content provided in connection with the CRI Services. In any event, CRI Genetics’ maximum total liability to you for any reason and upon any cause of action shall be limited to direct damages not to exceed the greater of the price, if any, paid by you for access to CRI Services or fifty dollars ($50.00).
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. This disclaimer further applies to any damages or injury caused by any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the CRI Services or any of the products or services associated with the CRI Services. CRI Genetics shall not be liable for any third-party claims or losses of any nature, including, but not limited to, any claims or losses relating to any products or services associated with the CRI Services, lost profits, punitive or consequential damages. You specifically acknowledge that CRI Genetics is not liable for the defamatory, offensive or illegal conduct of other Users or third parties, and that the risk of injury from the foregoing rests entirely with you.
CRI Genetics does not intend any reference to entities, products, or services which may be implied in the CRI Services, or any links on the Website to be endorsements of such entities, products, or services. CRI Genetics is not affiliated with, or sponsored or endorsed by any other consumer product rating service, and any reference to such third-party rating services is solely for the general information and convenience of Users using CRI Services.
You agree to defend and hold CRI Genetics, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) DNA Samples or User Account Information you submit, post to, or transmit through the CRI Services; (ii) your use of the CRI Services; (iii) your connection to the CRI Services; (iv) your violation of this Agreement; or (v) your violation of any rights of another. If you have submitted a DNA Sample or otherwise provided your own Genetic Information, you will defend and hold harmless CRI Genetics, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your DNA Sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or User Account Information to third parties, whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes, you agree to defend and hold harmless CRI Genetics, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or User Account Information.
CRI Genetics shall have the right, but not the obligation, to monitor all aspects of the Website and the User Accounts, to determine compliance with this Agreement and any operating rules established by CRI Genetics , and to satisfy any law, regulation or authorized government request. CRI Genetics shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the Website. Without limiting the foregoing, CRI Genetics shall have the right to remove any material that CRI Genetics, in its sole discretion, deems to be in violation of the provisions hereof or otherwise objectionable
Notices to you may be made via either email or regular mail. CRI Genetics may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on or through the CRI Services.
Official notices related to this Agreement must be sent to us at:
CRI Genetics, LLC
ATTN: CRI Genetics Legal Department
2425 Olympic Blvd Suite 4000 W
Santa Monica, CA 90404
Additionally, CRI Genetics accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
i. This Agreement constitutes the entire agreement between you and CRI Genetics and governs your use of the CRI Services, superseding any prior agreements between you and CRI Genetics on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software;
ii. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with CRI Genetics arising out of or relating to the Agreement ("Disputes") shall be governed by California law regardless of your country of origin or where you access CRI Genetics, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Los Angeles, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
iii. The failure of CRI Genetics to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
iv. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CRI Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
v. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
vi. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
vii. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
viii. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at https://crigenetics.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Paragraph 5(Termination).
ix. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, CRI Genetics for any third party that assumes our rights and obligations under this Agreement.
20. 8-Week Efficiency Guarantee
The 8-Week Efficiency Guarantee guarantees the customer a fast and efficient timeline to receive their DNA Results within an 8-week period. If you do not receive your report within the applicable 8-week period, you will receive a full refund upon your request. To request your refund, contact the customer service department at 1-800-571-9216, or by email at firstname.lastname@example.org.
21. General Terms and Conditionse
CRI Genetics does not authorize or license the resale of our Products by any unauthorized third party. Any customers associated with a purchase order that we suspect is in connection with the illegal distribution of our Products, or any other suspicious activity that was not pre-approved in writing by an authorized officer of CRI Genetics, may be subject to suspension or immediate termination, and restrained from any further access to this Website. Any open order associated with such an account will be cancelled and credited back to the original purchaser. CRI Genetics reserves the right to pursue any unlawful retailer, resellers, or distributor for violations under applicable law including, but not limited to, The Lanham Act. Any purchase of our Product through an unauthorized third party is automatically ineligible to receive any service, guarantee, and/or warranty otherwise afforded to purchases of our Product. CRI Genetics is not liable for any losses or damages resulting from unauthorized purchases of CRI Genetics.