Last Updated: November 21, 2020

Effective Date: November 21, 2020

Terms of Use

Version 1.2

Last Updated: November 21, 2020

Effective Date: November 21, 2020

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. THESE TERMS APPLY TO THE WEBSITE LOCATED AT www.dnaally.com, AS WELL AS ALL RELATED WEBSITES (COLLECTIVELY, THE “WEBSITE”), APPLICATIONS, NETWORKS AND OTHER SERVICES PROVIDED BY DNA ALLY, INC. (“DNA ALLY”), ITS AFFILIATES OR AGENTS and on which a link to THE Terms is displayed (COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. 

PLEASE BE AWARE THAT SECTION 13 OF THE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.  

THE SERVICES PROVIDED THROUGH DNA ALLY ARE INTENDED FOR ONLY ADULT RESIDENTS OF THE UNITED STATES. IF YOU ARE NOT A RESIDENT OF THE UNITED STATES OR UNDER THE AGE OF 18 YOU WILL NOT BE PERMITTED TO USE THE SERVICES.

THE SERVICES PROVIDED THROUGH DNA ALLY ARE SOLELY FOR USE BY INDIVIDUALS.  IF YOU ARE A COMPANY OR AN INDIVIDUAL ATTEMPTING TO REGISTER ON BEHALF OF A COMPANY YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES. ANY BREACH OF THIS PROVISION WILL CONSTITUTE A VIOLATION OF LAW FOR WHICH YOU WILL BE LIABLE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, FRAUD, INFRINGEMENT OF DNA ALLY’S INTELLECTUAL PROPERTY RIGHTS, UNFAIR BUSINESS PRACTICES, ETC. AND YOU WILL BE LIABLE FOR ALL DAMAGES RELATED TO OR ARISING OUT OF SUCH ILLEGAL USE OF OUR WEBSITE, PLATFORM AND SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be linked to from the Terms or will be presented to you for your acceptance when you sign up to use the supplemental features or Service.  All Supplemental Terms are incorporated into the Terms by reference.  If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms control with respect to such Service.  

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY DNA ALLY IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, DNA ALLY will make a new copy of the Terms available at the Website and any applications that are subject to these Terms (“Applications”).  We will also update the “Last Updated” date at the top of the Terms.  If we make any material changes, and you have previously used the Services, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.  Any changes to the Terms will be effective 30 days after posting notice of such changes on the Services for existing users. DNA ALLY may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services.  Otherwise, your continued use of the Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.

HEALTHCARE SERVICES PROVIDED BY INDEPENDENT MEDICAL GROUPS WILL NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

  1. Overview of the Services
    1. Genetic Counseling Services  
      1. Generally. The Services are designed to provide users with access to audio and video consultations with genetic counselors.  DNA ALLY does not provide any medical diagnosis; rather DNA ALLY provides a technology platform for you to access genetic counselors who may help you decide whether to take a genetic test, help you interpret your genetic test results, and provide other genetic counseling services (“Genetic Counseling Services”). A genetic counselor interacting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the genetic counselor may not be aware of facts or information that may affect his or her consultation with you. To reduce the risk to you of this limitation, DNA ALLY strongly encourages you to provide all relevant information with the genetic counselor.  By deciding to engage the Services, including the Genetic Counseling Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. 
      2. Medical Disclaimer. The content and materials provided through the Services are for informational and educational purposes only, and does not include the diagnosis or treatment of any medical condition. Any such information or any advice or other materials provided through the Services should not be considered medical advice. Please consult your health care professionals for advice regarding your specific medical conditions and to answer your questions regarding your health and medical treatment. 
      3. Availability. The Services are currently available in the United States.
      4. Special Consent to Genetic Counseling Services. The Genetic Counseling Services involve the delivery of health care services using electronic communications, information technology, or other means between a genetic counselor and a Registered User (as defined below) who are not in the same physical location. The Genetic Counseling Services may include, but are not limited to:
          1. Electronic transmission of genetic records, personal health information, or other data between you and a genetic counselor;
          2. Interactions between you and genetic counselor via audio, video, and/or data communications; and
          3. The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
          4. Please see Consent, available here https://dnaally.com/genetic-counseling-services for a description of the risks and benefits of the Genetic Counseling Services.  If you do not accept and agree to be bound by the Patient Informed Consent, you are not authorized to access or otherwise receive the Genetic Counseling Services. 
    2. Telemedicine Services
      1. HEALTHCARE SERVICES PROVIDED BY THE INDEPENDENT MEDICAL GROUP PROVIDERS WILL NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
      2. Medical Group Providers may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, Medical Group Providers may not be aware of facts or information that may affect his or her consultation with you. To reduce the risk to you of this limitation, Medical Group strongly encourages you to provide all relevant information to the Medical Group.  By deciding to utilize the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations.
      3. Healthcare services provided by Medical Group may include physician oversight of laboratory testing for lab tests such as genetic tests and COVID-19 (the “Test”), including, without limitation, evaluation of the test request, ordering of a Test (if appropriate), receipt of Test results (“Results”), consultations by Providers via telemedicine (“Consults”), customer support and any other related services. DNA ALLY and Group are not responsible for the laboratory services, the provision of the Test or other services provided by the company from which you requested the Test (“Test Provider”) or through or in connection with Test Provider’s website.
      4. DNA ALLY and Medical Group will not forward your Results to your personal physician; however, you will be provided with Results that you can download and bring to your personal physician. You agree to follow up with your personal physician to discuss Results. You should not make medical decisions without consulting with your personal physician. Do not delay seeking advice based on the information obtained as a result of your use of the Services.  The Services are not intended to make a medical necessity determination for insurance purposes.
      5. By accepting the Terms, you understand that DNA ALLY, Medical Group and/or the Test Provider may send you messages (including text messages), reports and emails regarding the Services, Tests, Results, and/or any personal or health information you have provided in connection with the Services. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails.DNA Ally does not provide any physicians’ or other providers’ services itself. We may provide you with access to one or more of the following independent medical groups who provide healthcare services through the Websites or platform: AMG Medical Group (DE), P.A. (the “Medical Group”). All of the providers are independent of DNA Ally and use the Service as a way to communicate with you (the “Providers”). Any information or advice received from a provider comes from them alone, and not from DNA Ally. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither DNA Ally, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the Platform. DNA Ally does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use DNA Ally to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. DNA Ally does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. 
      6. DNA Ally does not provide any physicians’ or other providers’ services itself. We may provide you with access to one or more of the following independent medical groups who provide healthcare services through the Websites or platform: AMG Medical Group (DE), P.A. (the “Medical Group”). All of the providers are independent of DNA Ally and use the Service as a way to communicate with you (the “Providers”). Any information or advice received from a provider comes from them alone, and not from DNA Ally. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither DNA Ally, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the Platform. DNA Ally does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use DNA Ally to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. DNA Ally does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.
      7. THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY DNAALLY OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY DNA ALLY, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY DNA ALLY, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE DNA ALLY FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, DNA ALLY DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH DNA ALLY.
    3. Your Relationship with DNA ALLY. You understand that by coordinating with a genetic counselor or Provider through the DNA ALLY platform you are not entering into a provider-patient relationship with DNA ALLY or the genetic counselor. By accepting the Terms, you agree and consent to DNA ALLY, DNA ALLY affiliates, or genetic counselors consulted via the DNA ALLY platform sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold DNA ALLY, any DNA ALLY affiliate, or any genetic counselor consulted via the DNA ALLY platform (or over the phone) liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any recommendations contained in communications from DNA ALLY or its genetic counselors. 
    4. Necessary Equipment and Software; Consent to Receive Calls and Text Messages.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.  By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to provide the Services. DNA ALLY will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.  You may opt out of receiving text messages from us by deleting your Account.
    5. Limited License. Subject to your compliance with the Terms, DNA ALLY grants you (a) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install one copy of the Application downloaded from a legitimate marketplace, and to use such Application so installed solely in object code format and solely for your personal use for lawful purposes, on mobile devices that you own or control, and (b) permission to access and use our Services through the Website or Application solely for your personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
    6. Certain Restrictions.  As a condition of your use of the Services, you agree not to use the Services for any purpose that is prohibited by the Terms or by applicable law. The rights granted to you in the Terms are subject to the following restrictions: you may not (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion thereof ,  (b) frame or utilize framing techniques to enclose any trademark, logo, or other portions of the Services (including images, text, page layout or form); (c) use any metatags or other “hidden text” using DNA ALLY’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) 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 the Services; (f) access Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in Services. In addition, you may not (and may not permit any third party) to either (y) take any action or (z) make available any User Content (as defined in Section 4) on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without DNA ALLY’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of DNA ALLY and other users; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. Any future release, update or other addition to Services is subject to the Terms, unless otherwise stated by DNA ALLY at the time such release, updated or addition is made available to you.  DNA ALLY, its suppliers and service providers reserve all rights not granted in the Terms.  Any unauthorized use of the Services terminates the licenses granted by DNA ALLY pursuant to the Terms.
    7. Third-Party Materials.  As a part of the Services, you may have access to materials that are hosted by another party.  You agree that it is impossible for DNA ALLY to monitor such materials and that you access these materials at your own risk.
    8. Ownership.  Excluding any User Content that you may provide (defined in Section 4.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by DNA ALLY or DNA ALLY’s suppliers.  Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.5, DNA ALLY and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms. For clarity, any statistics and information regarding your use of the Services is separate from, and will not include or be deemed, User Content.  
  2. Registration.
    1. Registering Your Account.  In order to access certain features of the Services you may be required to become a Registered User.  For purposes of the Terms, a “Registered User” is a user who has registered an account on the Services (“Account”).
    2. Registration Data.  In registering an account on the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; (3) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction; and (4) if you are registering an account on behalf of an organization or entity, you are authorized to represent and bind such organization or entity.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors.  You may not share your Account or password with anyone, and you agree to (1) notify DNA ALLY immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or DNA ALLY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DNA ALLY has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account per platform or SNS at any given time.  DNA ALLY reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use the Services if you have been previously removed by DNA ALLY, or if you have been previously banned from any of the Services.
  3. Privacy. Our Privacy Policy is located here: www.dnaally.com/privacy-policy. Please review the Privacy Policy to learn about:
  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.
  1. User Content.
    1. User Content.  “User Content” means any and all information and content that a user submits to, or uses in connection with, the Services, including, without limitation, your genetic test results and other personal health information you share with a genetic counselor through the Services.  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others.  DNA ALLY is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. 
    2. License.  You grant (and you represent and warrant that you have the right to grant) to DNA ALLY an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, for the purposes of operating and providing the Services to you.  You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
    3. Feedback.  Your submission of any ideas, suggestions, documents, and/or proposals to DNA ALLY through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and DNA ALLY has 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 grant to DNA ALLY a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, 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 the Services.
    4. Investigations.  DNA ALLY may, but is not obligated to, monitor or review the Services and User Content at any time.  Without limiting the foregoing, DNA ALLY may, in its sole discretion, remove any of your User Content for any reason (or no reason), including if such content violates the Terms or any applicable law.  Although DNA ALLY does not generally monitor user activity occurring in connection with the Services or User Content, if DNA ALLY becomes aware of any possible violations by you of any provision of the Terms, DNA ALLY reserves the right to investigate such violations, and DNA ALLY may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you.
  2. Third-Party Services.  
    1. Third-Party Services. The Services may contain links and integrations to third-party websites, applications, services and application programming interfaces (collectively, “Third-Party Services”), such as DNA ALLY’s digital health partners, and are subject to the terms and conditions (including privacy policies) of each such Third-Party Service.  Such Third-Party Services are not under the control of DNA ALLY, and DNA ALLY is not responsible for any Third-Party Services.  DNA ALLY provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or their products or services.  Your use of the Third-Party Services is at your own risk.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 
    2. App Stores.  You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Terms are between you and DNA ALLY and not with the App Store.  DNA ALLY, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with the Services.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.
  3. Fees and Purchase Terms.
    1. Payment.  You will pay all fees or charges for use of the DNA ALLY platform and the Services in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Please review our rescheduling and cancellation policy, which will be provided to you after registering your Account and prior to purchasing the Services. You must provide DNA ALLY with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other payment method supported by us (“Payment Provider”), or purchase order information as a condition to obtaining the Services.  Your Payment Provider agreement governs your use of the designated credit card or account, and you must refer to that agreement and not the Terms to determine your rights and liabilities.  By providing DNA ALLY with your credit card number or account information and associated payment information, you agree that DNA ALLY is authorized to immediately charge you for all fees and charges due and payable to DNA ALLY and that no additional notice or consent is required.  You will immediately notify DNA ALLY of any change in your billing address or the credit card or account used for payment hereunder.  DNA ALLY reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.
    2. Taxes.  The payments required under Section 6.1 of the Terms do not include any Sales Tax that may be due in connection with the Services provided under the Terms.  If DNA ALLY determines it has a legal obligation to collect a Sales Tax from you in connection with the Terms, DNA ALLY will collect such Sales Tax in addition to the payments required under Section 6.1 of the Terms.  If any Services, or payments for any Services, under the Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to DNA ALLY, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify DNA ALLY for any liability or expense DNA ALLY may incur in connection with such Sales Taxes.  Upon DNA ALLY’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
    3. Disputes.  Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Services, you must notify DNA ALLY in writing within 7 days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived.  Billing disputes should be notified to the “contact us” form at www.dnaally.com.
    4. Third Party Provider.  DNA ALLY uses third party service providers (each a “Third Party Service Provider”) for payment services (e.g., card acceptance, merchant settlement, and related services).  By using the Services, you consent and authorize DNA ALLY and its Third Party Service Providers to share any information and payment instructions you provide with Third Party Service Providers to the minimum extent required to complete your transactions.  
  4. Indemnification.  To the fullest extent permitted by law, you will indemnify and hold DNA ALLY, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “DNA ALLY Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your User Content; (b) your violation of the Terms; (c) your violation of any rights of another party, including any users of the Services; or (d) your violation of any applicable laws, rules or regulations.  DNA ALLY reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DNA ALLY in asserting any available defenses.  This provision does not require you to indemnify any of the DNA ALLY Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Terms or your access to the Services.
  5. Disclaimer of Warranties and Conditions.
    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW, (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND (B) THE DNA ALLY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.  
      1. THE DNA ALLY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
      2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  DNA ALLY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DNA ALLY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      5. From time to time, DNA ALLY may offer new “beta” features or tools with which its users may experiment.  Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at DNA ALLY’s sole discretion.  The provisions of this section apply with full force to such features or tools.
    2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT THE DNA ALLY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DNA ALLY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, USER CONTENT, OR THIRD PARTY SERVICES PROVIDED BY SUCH THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. 
    3. No Liability for Conduct of Genetic Counselors.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH GENETIC COUNSELORS CONTACTED THROUGH THE SERVICES. YOU UNDERSTAND THAT DNA ALLY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF GENETIC COUNSELORS. TO THE EXTENT PERMITTED BY LAW, DNA ALLY IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH GENETIC COUNSELORS.
    4. Limitations. Notwithstanding the forgoing THE DNA ALLY PARTIES do not disclaim any warranty or other right UNDER THIS SECTION 8 that THE DNA ALLY PARTIES ARE prohibited from disclaiming under law.
  6. Limitation of Liability.
    1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DNA ALLY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT DNA ALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TOTHE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A DNA ALLY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DNA ALLY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A DNA ALLY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 
    2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL THE DNA ALLY PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO DNA ALLY by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) ONE HUNDRED DOLLARS ($100).  THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A DNA ALLY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DNA ALLY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN DNA ALLY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    3. User Content.  EXCEPT FOR DNA ALLY’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN DNA ALLY’S PRIVACY POLICY,  DNA ALLY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    4. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DNA ALLY AND YOU.
  7. Remedies.
    1. Violations.  If DNA ALLY becomes aware of any possible violations by you of the Terms, DNA ALLY reserves the right to investigate such violations.  If, as a result of the investigation, DNA ALLY believes that criminal activity has occurred, DNA ALLY reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  DNA ALLY is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your User Content, in DNA ALLY’s possession in connection with your use of the Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that your User Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of DNA ALLY, its users or the public, and all enforcement or other government officials, as DNA ALLY in its sole discretion believes to be necessary or appropriate.
  8. Term and Termination.  
    1. Term.  The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms.
    2. Prior Use.  Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Services (whichever is earlier) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Terms.
    3. Termination of Services by DNA ALLY.  If you have breached any provision of the Terms, or if DNA ALLY is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), DNA ALLY has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause are made in DNA ALLY’s sole discretion and that DNA ALLY will not be liable to you or any third party for any termination of your access to the Services.
    4. Termination of Services by You.  If you want to terminate the Services provided by DNA ALLY, you may do so by notifying DNA ALLY at any time. Your notice should be sent, in writing, to DNA ALLY’s address set forth below.  
    5. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your files and content associated with you (or any part thereof), including your User Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your User Content associated therewith from our live databases.  DNA ALLY will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content.  All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
    6. No Subsequent Access.  If your ability to access is discontinued by DNA ALLY due to your violation of any portion of the Terms or for otherwise inappropriate conduct, then you agree that you will not attempt to re-access the Services, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated.  In the event that you violate the immediately preceding sentence, DNA ALLY reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  9. International Users.  The Website can be accessed from countries around the world and may contain references to Services and content that are not available in your country.  These references do not imply that DNA ALLY intends to announce such Services or content in your country.  The Services are controlled and offered by DNA ALLY from its facilities in the United States of America. DNA ALLY makes no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
  10. Dispute Resolution.  Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with DNA ALLY and limits the manner in which you can seek relief from us.  
    1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with DNA ALLY, 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 DNA ALLY 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).  

IF YOU AGREE TO ARBITRATION WITH DNA ALLY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST DNA ALLY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.  INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST DNA ALLY IN AN INDIVIDUAL ARBITRATION 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 YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THE TERMS, 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 arbitration and describing your claim to DNA Ally at 4900 Hopyard Road, Suite 100, Pleasanton, California 94588 AND email us a copy at yourfriends@dnaally.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, are subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims are subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, DNA ALLY will pay them for you.  In addition, DNA ALLY will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, DNA ALLY 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. 

    1. Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency has exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) 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 DNA ALLY.   The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator has the authority to grant motions dispositive of all or part of any claim. The arbitrator will 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 forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will 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.  
    2. Waiver of Jury Trial.  YOU AND DNA ALLY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and DNA ALLY are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 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.
    3. Waiver of Class or 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.  Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 14.6.
    4. 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 DNA Ally at 4900 Hopyard Road, Suite 100, Pleasanton, California 94588 or emailing us at yourfriends@dnaally.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement.    If you opt out of this Arbitration Agreement, all other parts of this 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.
    5. 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 will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
    6. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with DNA ALLY.
    7. Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if DNA ALLY makes 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 DNA ALLY.
  2. General Provisions.
    1. Electronic Communications.  The communications between you and DNA ALLY use electronic means, whether you visit the Services or send DNA ALLY e-mails, or whether DNA ALLY posts notices on the Services or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from DNA ALLY in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DNA ALLY provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    2. Release.  You hereby release the DNA ALLY Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a DNA ALLY Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
    3. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DNA ALLY’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    4. Force Majeure.  DNA ALLY is not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 
    5. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Services, please contact us on the “contact us” form located on the Website. We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    6. Exclusive Venue.  To the extent the parties are permitted under this Arbitration Agreement to initiate litigation in a court, both you and DNA ALLY agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located in Santa Clara County, California.
    7. Governing Law.  The Terms and any action related thereto will be governed and interpreted by and under the laws of CALIFORNIA consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
    8. Notice.  Where DNA ALLY requires that you provide an e-mail address, you are responsible for providing DNA ALLY with your most current e-mail address.  In the event that the last e-mail address you provided to DNA ALLY is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, DNA ALLY’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to DNA ALLY at the following address: 4900 Hopyard Road, Suite 100, Pleasanton, California, 94588. Such notice is deemed given when received by DNA ALLY by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    9. Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    10. Severability.  If any portion of the Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
    11. Export Control.  The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from DNA ALLY, or any products utilizing such data, in violation of the United States export laws or regulations.
    12. Accessing and Downloading the Application from the Apple App Store.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
      1. You acknowledge and agree that (i) the Terms are concluded between you and DNA ALLY only, and not Apple, and (ii) DNA ALLY, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
      2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
      3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between DNA ALLY and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DNA ALLY.
      4. You and DNA ALLY acknowledge that, as between DNA ALLY and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      5. You and DNA ALLY acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between DNA ALLY and Apple, DNA ALLY, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
      6. You and DNA ALLY acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
      7. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
    13. Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    14. Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.