Terms of Use
Effective as of November 19, 2019.
Please read this terms of use agreement carefully. By accessing or using this website, or any other websites of DIYA SENGUPTA, LLC, in any way, including using the services and resources available or enabled via the site by us, completing the registration process, making a purchase, and/or by merely browsing the site, you represent that:
1. You have read, understand, and agree to be bound by the agreement
2. You are of legal age to form a binding contract with the company
3. You have the authority to enter into the agreement
If you do not agree to be bound by the agreement, you may not access or use this site or the services.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by the terms of this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
It is your responsibility to review this agreement from time to time. We may revise this agreement at any time without notice, with our sole discretion at any time, and will be effective immediately upon update. If you do not agree to these terms and conditions, please cease use of this site and its associated services.
We may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s).
Copyrights
The technology underlying the site and the entire contents of the site including, but not limited to text, graphics, images, audio clips, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws. It is the property of DIYA SENGUPTA, LLC, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to DIYA SENGUPTA, LLC.
© 2017. DIYA SENGUPTA, LLC. All rights reserved.
Trademarks
All trademarks, service marks, and trade names of DIYA SENGUPTA, LLC on the site, including the ‘Love, The Alchemist’ or ‘DIRTYDNA’ logo, are trademarks or registered trademarks of DIYA SENGUPTA, LLC or their respective owners.
Disclaimers
We do not promise, covenant, represent, warrant, or guarantee that you or any other use of this site will obtain any particular or tangible result or goal through the use o this site, or any product or service made available on or through the site. Except as otherwise specifically provided, the site and the products offered on the site are provided on an “as is” and “as available” basis without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible under application of law, we disclaim all warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
We do not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected or that the site or the server that makes the site available are free of viruses or other harmful components.
We do not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Applicable law may not allow limitations or exclusions on warranties so the above limitations may not apply to you.
Medical Advice Notice
This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine.
The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only.
This site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site.
Limitation of Liability
You understand and agree that in no event shall we be liable for any indirect, incidental, special, exemplary, or consequential damages arising out or in connection with the site or services, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the agreement, or from any communications, interactions, or meetings with other users of the company properties, in any theory of liability, resulting from:
1. The use of inability to use the site or services
2. The cost of procurement of substitute goods or services resulting form any goods, data, information, or services purchased or obtained through the site
3. Unauthorized access to or alteration of your transmissions or data
4. Statements or conduct of any third party on the site
5. Any other matter related to the site, whether based on warranty, copyright, contract, tort (including negligence), product liability, or any other legal theory.
Under no circumstances will we be liable to you for more than the amount received by us as a result of your use of the site in the period during which you first assert a claim. If you have not paid the company any amounts in the period during which you first assert any such claim, company’s sole and exclusive liability shall be limited to zero dollars ($0).
Indemnification
You agree to indemnify, defend, and hold harmless DIYA SENGUPTA, LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this agreement, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site, using your internet account, or your ability or inability to use the site and services, including any products purchased thereon.
Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum, or similar pages (“Usage”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such feedback. You represent and warrant that you have all rights necessary to submit the feedback. You hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of this site and services.
Website
We grant you a limited license to access and use the site for your personal use, and to copy, distribute, and transmit the content of of this site only to the extend that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the site for your personal use.
The sale or linking of our products on or to any third party e-commerce site, marketplace, or mobile action without our specific written consent is expressly prohibited.
Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the site or services; (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout, or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the site or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form of by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary marketing contained on or in the site. Any future release, update, or other addition to the site shall be subject to this agreement. We, our suppliers and service providers reserve all rights not granted in this agreement. Any unauthorized use of the site or services terminates the licenses granted by us pursuant to this agreement.
Third-Party Links and Sites
This site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of DIYA SENGUPTA, LLC’s.
We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites.
These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
Registration
To make purchases through the site you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification you will be deemed to be authorized to access and use the site in a manner that is consistent with this agreement, and we have no obligation to investigate the authorization or source of any such access or use of the site.
You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.
At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information from your bank or credit card issuer may supply, or other information available to us.
Payments and Billing
We accept the following bank or credit cards: American Express, Discover, MasterCard, and Visa.
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. The risk of loss and title for items purchased by you passes to you upon our delivery of the times to the carrier. If you would like to receive a refund for any reason, please contact us at lovethealchemist@gmail.com Refunds will be issued by us in our sole discretion.
Miscellaneous
Your use of the site shall be governed in all respects by the laws of the state of Delaware, U.S.A., without regard to choice of law provisions. This agreement and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, act of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages or delays of transportation or shipping facilities, fuel, energy, labor, or materials.
Arbitration Agreement
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us, and limits the manner in which you can seek relief from us.
1. Applicability of Arbitration agreement. You agree that any dispute or claim related in any way to your access or use of the site, to any products sold or distributed through the site, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this agreement or any prior version of this agreement. IF YOU AGREE TO ARBITRATION WITH DIYA SENGUPTA, LLC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF IN ANY LAWSUITE FILED AGAINST US ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARTBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT OU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
1 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting an arbitration proceeding, and describing you claim to ‘LOVE, THE ALCHEMIST OR DIRTYDNA’, 9820 Bobwhite Place, Mason, OH 45040. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
2. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceedings will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral form’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
3. Waiver of Jury Trial. You and DIYA SENGUPTA, LLC hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or jury. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in 1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
4. Waiver of Class Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in the Federal of state courts of Delaware, U.S.A.
5. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 9820 Bobwhite Place, Mason, OH 45040, or at lovethealchemist@gmail.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement, followed with the insertion of the words “pink power.” If you opt out of this Arbitration Agreement, all other parts of this Terms of Service agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
6. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
7. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
Terms and Conditions for DIRTYDNA
DIRTYDNA Terms of Use
Version Jan 2019
The website located at DIRTYDNA.LIFE (the “Site”) is a copyrighted work belonging to DIYA SENGUPTA LLC, DBA DIRTYDNA (“DIRTYDNA”, “we” or “us”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND ANY APPLICATIONS, INCLUDING MOBILE APPLICATIONS OR OTHER SERVICES (THE “SERVICE”). BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICE. These Terms apply to all visitors, users, and others who access the Service (“you” and if you register, a “User"). DIRTYDNA reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.
USE OF OUR SERVICE
1.1 Eligibility. The Service permits you to compare your DNA profile to general populations to find commonalities and determine where your DNA originated. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by DIRTYDNA.
1.2 No Medical Advice. THE SITE AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE AND ITS CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY DIRTYDNA OR THIRD PARTIES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF DIRTYDNA, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.
1.3 Laboratory Services. I acknowledge, consent, and agree to the following:
I understand that this product is not intended to diagnose, treat, cure, or prevent any disease.
I authorize DIYA SENGUPTA LLC (and its affiliates and partners) to conduct DNA testing with the submitted DNA specimen.
I understand that my results include recommendations based on known predispositions associated with my genetic profile. Other factors, such as (but not limited to) diet, exercise, environment, and medications, may also affect my body’s performance and reaction to recommended supplements, ingredients, treatments, or other programs. Before following these or any other recommendations, I should consult a qualified physician, dermatologist, nutritionist, or other health expert.
I represent and warrant that I have obtained all permissions, consents and authorizations necessary from the person(s) submitting DNA specimens (or the parent / guardian of such person(s) if under 18).
I understand that the specimens were collected without a strict chain of custody, and their origins cannot be verified. Therefore, the results may not be admissible in a court of law.
I acknowledge and understand that if for any reason the biological specimens are inadequate for evaluation, DIYA SENGUPTA LLC (and its affiliates and partners) shall not be held liable for its inability to produce test results due to insufficient specimen or due to the nature or condition of the specimen. DIYA SENGUPTA LLC (and its affiliates and partners) may request additional samples for further testing.
I understand that to ensure testing of the highest quality, DIYA SENGUPTA LLC (and its affiliates and partners) reserves the right to have more tests performed to satisfy strict laboratory standards and guidelines. If this process delays the reporting of results, I will not hold DIYA SENGUPTA LLC (and its affiliates and partners) liable for any refund or damages.
I understand that in compliance with the New York State Department of Health regulations, DIYA SENGUPTA LLC (and its affiliates and partners) does not make in-home testing available to residents of New York. In this regard, DIYA SENGUPTA LLC (and its affiliates and partners) disclaims any legal responsibility for misuse of its in-home testing services to circumvent this regulation.
I understand that genetic mutations sometimes occur in ordinary, healthy people. These mutations surface in approximately 1-2% of DNA testing cases. When they do, the final test results depend on careful interpretation of the data by the laboratory scientists. If a mutation is detected, any guarantees on conclusiveness, probability values, and turnaround time are void. Such mutations often require extended testing and may affect probabilities.
I ACKNOWLEDGE AND AGREE THAT DIYA SENGUPTA LLC’S (AND ITS AFFILIATES AND PARTNERS) LIABILITY TO ME ARISING OUT OF OR IN ANY WAY RELATED TO THE PROVISION OF TESTING SERVICES CONTEMPLATED HEREIN SHALL NOT EXCEED THE COST OF THE TEST, AND I AGREE TO INDEMNIFY, DEFEND, AND HOLD DIYA SENGUPTA LLC (AND ITS AFFILIATES AND PARTNERS) AND ITS EMPLOYEES HARMLESS FROM ALL FURTHER CLAIMS OR DAMAGES. IN ADDITION, I AGREE TO CONTACT DIYA SENGUPTA LLC (AND ITS AFFILIATES AND PARTNERS) IMMEDIATELY, BUT IN ANY EVENT, WITHIN 30 DAYS FROM THE DATE OF THE REPORT, IF I HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TESTING PROCESS OR THE OUTCOME OF THE TEST.
I understand that results will be sent based on the delivery information provided during barcode registration as soon as results are available to be sent. It is my responsibility to provide delivery information that assures any privacy needs that I may have.
1.4 Payment. I understand that I will receive test results only after all charges have been paid in full, including, if applicable, lab fees.
1.5 Refund Policy. Refunds may be considered at the discretion of DIYA SENGUPTA LLC and may be subject to administrative and handling fees. Partial payments and deposits are non-refundable. No refunds shall be issued if services have been completed.
1.6 User Account. Registration may be required in order to use some or all of the Services. Some of the features of the Services may require or permit you to log in using third party authentication service. We reserve the right to either discontinue such registration process or use any other service at any time. We reserve the right to change this at any time, requiring you to re-register with our Site through our registration process with our unique account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DIRTYDNA immediately of any unauthorized use of your account or any other breach of security. DIRTYDNA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DIRTYDNA or another party due to someone else using your account or password. Only one user may use each user name, and if you or your entity requires additional user names, you must contact the DIRTYDNA. You may not use anyone else's account at any time, without the express permission of the account holder.
1.7 Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the DIRTYDNA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that DIRTYDNA grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other DIRTYDNA Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. DIRTYDNA shall have no liability for your interactions with other Users, or for any User's action or inaction.
PROPRIETARY RIGHTS.
DIRTYDNA retains sole and exclusive ownership of all rights, title and interests in the Service, the Site, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that DIRTYDNA will have no obligation to provide you with any support or maintenance in connection with the Site. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. DIRTYDNA reserves all rights not expressly granted herein in the Service and the DIRTYDNA Content (as defined below). DIRTYDNA may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof.
CONTENT.
For purpose of these Terms, the term "Content" includes, without limitation, written comments and information, articles, notes, research, summaries, reports, data, text, photos, graphics, in static or interactive feature. “DIRTYDNA Content” means any Content owned by or licensed to DIRTYDNA. DIRTYDNA may not monitor or control Content posted by users of the Service (including, without limitation, User Submissions) or other individuals or entities (such as advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk. You acknowledge that by providing you with the ability to view and distribute Content on the Site, DIRTYDNA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, DIRTYDNA reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to DIRTYDNA in its sole discretion.
USER SUBMISSIONS.
DIRTYDNA may enable you to add, create, submit, distribute or post certain Content, including, without limitation, text, photos, data, and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service. By submitting any User Submission on or through the Service, you (a) acknowledge that you are publishing such User Submission, and that you may be identified publicly by your User name in association with such User Submission; (b) understand that whether or not such User Submission is published, DIRTYDNA does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize DIRTYDNA and users of the Service to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy; (e) grant DIRTYDNA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the User Submission in order to provide the Service and as set forth in the Privacy Policy; (f) without limiting subsection (d) above, agree that DIRTYDNA shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any User Submission submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such User Submission, or if DIRTYDNA is concerned that you may have violated these Terms), or for no reason; and (g) grant each user of the Service a non-exclusive license to access your User Submission through the Service and to use, reproduce, distribute, display, perform, and prepare derivative works based upon, such User Submission solely for personal non-commercial uses and as permitted by the Terms and your access preferences. You further acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission. You understand that when using the Service, you may be exposed to User Submission from a variety of sources, and that DIRTYDNA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against DIRTYDNA with respect thereto. DIRTYDNA may remove any User Submissions at any time in its discretion.
PAYMENT.
Certain features of the Service are free, while others are offered for a fee. For example, if you decide to complete a testing kit or a test, you will be charged for that kit or test as set forth on the Site or your registration form. DIRTYDNA may utilize third-party services for the processing of your payments. Any payment information processed or stored by DIRTYDNA will be in accordance with its Privacy Policy.
FEEDBACK.
If you provide DIRTYDNA with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to DIRTYDNA all rights in such Feedback and agree that DIRTYDNA shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. DIRTYDNA will treat any Feedback you provide to DIRTYDNA as non-confidential and non-proprietary. You agree that you will not submit to DIRTYDNA any information or ideas that you consider to be confidential or proprietary.
COPYRIGHT POLICY - DMCA NOTICE.
It is DIRTYDNA policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify DIRTYDNA copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit DIRTYDNA to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to lovethealchemist@gmail.com.
DIRTYDNA may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
INDEMNITY.
You agree to defend, indemnify and hold harmless DIRTYDNA and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Submissions or any content or information that is submitted via your account; or (f) any other party's access and use of the Service with your unique username, password or other appropriate security code.
NO WARRANTY.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
CHANGES TO THE TERMS.
These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our Site or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
PRIVACY POLICY.
DIRTYDNA respects the privacy of others. Any information that you provide to DIRTYDNA through the Service is subject to DIRTYDNA Privacy Policy, which can be found at www.lovethealchemist.com/privacy-policy and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.
TERMINATION.
DIRTYDNA may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending DIRTYDNA an email to lovethealchemist@gmail.com specifying your request and providing DIRTYDNA with your name, Order ID and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and DIRTYDNA may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
DISPUTE RESOLUTION.
The laws of the State of Ohio shall govern these Terms without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that DIRTYDNA has not adhered to these Terms, please contact DIRTYDNA by e-mail at lovethealchemist@gmail.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and DIRTYDNA are unable to reach a resolution to the dispute, you and DIRTYDNA will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Cleveland, Ohio office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and DIRTYDNA agree that any arbitration will be limited to the dispute between DIRTYDNA and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and DIRTYDNA otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
ENTIRE TERMS.
These Terms constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to DIRTYDNA is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without DIRTYDNA prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
COPYRIGHT/TRADEMARK INFORMATION.
Copyright © 2019, All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
CONTACT INFORMATION.
DIRTYDNA welcomes your comments or questions regarding these Terms. Please e-mail us at lovethealchemist@gmail.com.