Terms and Conditions
Last Revised: As of May 2, 2023
Please note that Section 9 of these Terms contains an arbitration clause and a class action waiver provision. It affects how disputes between you and CRI Genetics may be resolved.
Use of CRI Genetics is subject to your compliance with the terms and conditions set forth below (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING CRI Genetics (defined below). BY ACCESSING OR USING CRI Genetics YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE CRI Genetics. THE RIGHT TO USE CRI Genetics IS FOR YOU PERSONALLY AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY.
CRI Genetics MAY MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION AT CRIGenetics.com (“Site” or “Website”). YOUR CONTINUED ACCESS OR USE OF CRI Genetics 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 Genetics INCLUDING, BUT NOT LIMITED TO, ALL OF ITS CONTENT, AND ITS HOURS OF AVAILABILITY.
“We,” “Us” or “the Company” refers to CRI Genetics LLC.
“CRI Genetics” is an interactive online service on the Internet, owned and operated by Us consisting of informational content, testimonials and customer reviews, and our DNA Service (defined below), including as accessed through an online user account, portal, or application.
“Content” means the evaluations, presentations, rankings, reviews, other information, advertisements, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from, any of the services contained on CRI Genetics, whether such Content is owned by CRI Genetics or third parties.
“DNA Sample” or “Genetic Information” means your saliva sample that you provide to Us using the DNA Sample Kit for DNA testing.
“DNA Sample Kit” or “Kit” means the box We send you after you purchase the product online so you can collect and submit your DNA Sample.
The “DNA Service” or “Service” includes (1) you purchasing a DNA testing product from CRIGenetics.com, (2) us sending you a DNA Sample Kit, (2) you collecting a DNA Sample and returning it to us for DNA testing, as instructed, and (3) an online service where Users can create a free User Account and view their DNA testing results and reports.
“User” or “You” means each person who establishes or accesses a connection for access and for use of CRI Genetics.
Users of the DNA Service.
By using the DNA Service, you agree to, acknowledge, and represent as follows:
A. 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 DNA Service is intended for personal research, informational, and educational purposes only.
B. You acknowledge that some of the information you may receive could prove to be unwanted or unexpected, and may provoke strong emotions.
C. 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. You are responsible for all possible consequences resulting from your disclosure of your DNA testing results and reports, as well as your genetic information to others.
D. CRI Genetics and the DNA Service is not designed for or intentionally targeted at children and is not intended for persons under the age of sixteen (16).
E. You warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
F. 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 or improved by Us 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.
(A) User shall use CRI Genetics for lawful purposes only. User shall not post or transmit through CRI Genetics any material which violates or infringes in any way upon the rights of others (including intellectual property rights), which is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in CRI Genetics discretion restricts or inhibits any other User from using or enjoying CRI Genetics will not be permitted. User shall not use CRI Genetics to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with CRI Genetics.
(B) CRI Genetics contains trademarks of the Company as well as third parties and other proprietary information, including, but not limited to, the Content, and this Content is protected under the United States copyright laws and international laws and treaties. The Company owns all rights in the preparation, selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to the Company. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part. User may download the Content for User’s non-commercial personal use only. In the event of any permitted copying, redistribution or publication of trademarked material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading trademarked material.
(C) User shall not upload, post or otherwise make available on CRI Genetics any material in violation of any copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material through CRI Genetics or to the Company, User automatically grants and warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or trademark that may exist in such material. User hereby grants the Company the right to edit, copy, publish and distribute any material made available on CRI Genetics by User.
Disclaimer of Warranty; Limitation of Liability.
A. USER EXPRESSLY AGREES THAT USE OF CRI Genetics IS AT USER’S SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. CRI Genetics IS PROVIDED ON AN “AS IS “AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
B. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CRI Genetics WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CRI Genetics, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH CRI Genetics. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.
C. IN NO EVENT WILL THE COMPANY , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CRI Genetics, 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 Genetics. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CRI Genetics. IN ANY EVENT, THE COMPANY’S MAXIMUM TOTAL LIABILITY TO USER 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 USER FOR ACCESS TO CRI Genetics OR 25 DOLLARS ($25.00).
D. 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 CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. THE COMPANY 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 REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT the Company 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 USER.
E. CRI GENETICS MAY CONTAIN LINKS TO OTHER WEBSITES, APPLICATIONS, AND RESOURCES. LINKS FOUND ON CRI GENETICS MAY ALLOW USERS TO ACCESS WEBSITES OPERATED BY PARTIES OTHER THAN US. THE COMPANY DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON CRI GENETICS TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES UNLESS SPECIFICALLY STATED OTHERWISE. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS, CONTENT, AND/OR INFORMATION OF THESE AND OTHER THIRD PARTIES AND/OR THEIR SITES. THIRD PARTIES’ SITES ARE NOT SUBJECT TO OUR TERMS AND CONDITIONS.
User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, based upon or arising out of the use of CRI Genetics by User.
Either We or User may terminate this Agreement, and the right to access CRI Genetics, at any time. The provisions of Sections 3(B), 3(C), 4, 5, 7, 9 and 10 shall survive termination of this Agreement.
CRI Genetics is a registered trademark, and CRI Genetics is intellectual property owned by the Company. All rights reserved. All other trademarks appearing on CRI Genetics are the property of their respective owners.
This Agreement and any operating rules for CRI Genetics constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
User agrees that any dispute or claim arising out of use of the Site, CRI Genetics or the DNA Service, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that User may assert claims in small claims court if User’s claims are within the scope of the jurisdiction of small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms and Conditions. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided the arbitrator may consider rulings in other arbitrations involving different individuals.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where User resides. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if User and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
User and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, User and the Company waive any right to a jury trial. User and the Company both agree that User or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.