TERMS
OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS,
THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS
TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/01/2018.
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with DNAGedcom LLC, also
known as DNAGedcom, located at 13511 Moser Rd, Thurmont, Maryland 21788 and our
subsidiaries and affiliates, in association with the use of the DNAGedcom website, which includes www.dnagedcom.com,
(the "Site") and its Services, which shall be defined below.
DESCRIPTION OF
WEBSITE SERVICES OFFERED
The
DNAGedcom web site is provided to help users make sense of their DNA and
Genealogy data. We pull information together from various sources to help you
understand your information in a more complete way.
Any and all visitors to our
site, despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of
this TOS. Once an individual
register's for our Services, through the process of
creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and
agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of DNAGedcom LLC. At
its discretion, DNAGedcom LLC may offer additional
website Services and/or products, or update, modify or revise any current content
and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. DNAGedcom
LLC does hereby reserve the right to cancel and cease offering any of
the aforementioned Services and/or products. You, as
the end user and/or member, acknowledge, accept and agree that DNAGedcom LLC shall not be held liable for any such
updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after
such posting of any updates, changes, and/or modifications shall constitute
your acceptance of such updates, changes and/or modifications, and as such,
frequent review of this Agreement and any and all
applicable terms and policies should be made by you to ensure you are aware of
all terms and policies currently in effect. Should you not agree to the
updated, revised or modified terms, you must stop using the provided Services
forthwith.
Furthermore,
the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such DNAGedcom
LLC shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content,
communication or personalization settings.
REGISTRATION
To
register and become a "member" of the Site, you must be at least 18
years of age to enter into and form a legally binding contract. In addition,
you must be in good standing and not an individual that has been previously
barred from receiving DNAGedcom's
Services under the laws and statutes of the United States or other applicable
jurisdiction.
When
you register, DNAGedcom may collect information such
as your name, e-mail address, birth date, gender, mailing address, occupation,
industry and personal interests. You can edit your account information
at any time. Once you register with DNAGedcom and sign in to our
Services, you are no longer anonymous to us.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a)
furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b)
maintain
and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all
times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, DNAGedcom LLC will have sufficient
grounds and rights to suspend or terminate the member in violation of this
aspect of the Agreement, and as such refuse any and all
current or future use of DNAGedcom LLC Services,
or any portion thereof.
It
is DNAGedcom LLC's priority to ensure the safety
and privacy of all its visitors, users and members, especially that of
children. Therefore, it is for this reason that the parents of any child under
the age of 13 that permit their child or children access to the DNAGedcom website platform Services must create a
"family" account, which will certify that the individual creating the
"family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family"
account. As the creator of the "family" account, s/he is thereby
granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent's and/or legal guardian's responsibility to
determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
PRIVACY POLICY
Every
member's registration data and various other personal information are strictly
protected by the DNAGedcom LLC
Online Privacy Policy (see the full Privacy Policy at
https://www.dnagedcom.com/privacy.htm). As a member, you herein consent to the
collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by DNAGedcom LLC and/or our
subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole
authorized user of your account. You shall be responsible for maintaining the
secrecy and confidentiality of your password and for all activities that
transpire on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if
undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify DNAGedcom LLC immediately
if you notice any unauthorized access or use of your account or password or any
other breach of security. DNAGedcom LLC shall not
be held liable for any loss and/or damage arising from any failure to comply
with this term and/or condition of the TOS.
SUBSCRIPTION
Subscriptions are available to allow you to
access additional features. These
subscriptions are through monthly or yearly subscriptions. Each user or immediate family should have
their own subscriptions. If you are
using our service to provide service to other users, we ask that you purchase
the Gold Subscription. Those provide
pure volunteer / free services to others may contact us at support@dnagecom.com for a possible free
subscription. Subscriptions are
automatically renewed at the original price and term. If you wish to cancel, you can user the
unsubscribe option at the web site or contact us at support@dnagedcom.com. Refunds are provided within 30 days of
purchase if you are not satisfied. You
must contact us directly to handle refunds.
CONDUCT
As a user or member of the Site, you herein
acknowledge, understand and agree that all information, text, software, data,
photographs, music, video, messages, tags or any other content, whether it is
publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short,
this means that you are solely responsible for any and all
content posted, uploaded, emailed, transmitted or otherwise made available by
way of the DNAGedcom Services, and as such, we do
not guarantee the accuracy, integrity or quality of such content. It is
expressly understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of
the use of any content posted, emailed, transmitted or otherwise made available
by DNAGedcom.
Furthermore, you herein agree not to make use
of DNAGedcom LLC's Services for
the purpose of:
a)
uploading, posting, emailing, transmitting,
or otherwise making available any content that shall be deemed unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b)
causing harm to minors
in any manner whatsoever;
c)
impersonating any individual or entity,
including, but not limited to, any DNAGedcom
officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d)
forging captions, headings or titles or
otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e)
uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any
other party;
f)
uploading, posting, emailing, transmitting or
otherwise offering any content that you do not personally have any right to
offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
g)
uploading, posting, emailing, transmitting,
or otherwise offering any unsolicited or unauthorized advertising, promotional
flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such
purpose;
h)
uploading, posting, emailing, transmitting,
or otherwise offering any source that may contain a software virus or other
computer code, any files and/or programs which have been designed to interfere,
destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i)
disrupting the normal flow of communication,
or otherwise acting in any manner that would negatively affect other users'
ability to participate in any real time interactions;
j)
interfering with or disrupting any DNAGedcom LLC Services, servers and/or networks that may
be connected or related to our website, including, but not limited to, the use
of any device software and/or routine to bypass the robot exclusion headers;
k)
intentionally or unintentionally violating
any local, state, federal, national or international law, including, but not
limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations
having the force of law;
l)
providing informational support or resources,
concealing and/or disguising the character, location, and or source to any
organization delegated by the United States government as a "foreign
terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act;
m)
"stalking" or with the intent to
otherwise harass another individual; and/or
n)
collecting or storing of any personal data
relating to any other member or user in connection with
the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
DNAGedcom LLC herein reserves the right to pre-screen, refuse and/or
delete any content currently available through our Services. In addition, we reserve
the right to remove and/or delete any such content that would violate the TOS or which would
otherwise be considered offensive to other visitors, users and/or members.
DNAGedcom LLC herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so
by law or in good faith belief that any such action is deemed reasonably
necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is
in violation of the rights of any third party;
d) responding to requests for customer service; or
e)
protecting the rights, property or the
personal safety of DNAGedcom LLC, its visitors,
users and members, including the general public.
DNAGedcom LLC herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and
that such use of information and/or material is subject to usage guidelines and
regulations established by DNAGedcom LLC or any
other content providers supplying content services to DNAGedcom
LLC. You are hereby prohibited from making any attempt to override or
circumvent any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any
information or materials supplied by our Services, despite whether done so in
whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon
registration, you hereby acknowledge that by using www.dnagedcom.com to send
electronic communications, which would include, but are not limited to, email,
searches, instant messages, uploading of files, photos and/or videos, you will
be causing communications to be sent through our computer network. Therefore, through your use, and thus
your agreement with this TOS, you are acknowledging that the use of this
Service shall result in interstate transmissions.
CAUTIONS
FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply
with all local rules relating to online conduct and that which is considered
acceptable Content. Uploading, posting and/or transferring of software, technology
and other technical data may be subject to the export and import laws of the
United States and possibly other countries. Through the use of our network, you
thus agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United
States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a)
are not on the list of prohibited individuals
which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part
of an export-prohibited country identified in applicable export and import laws
and regulations;
b)
agree not to transfer any software,
technology or any other technical data through the use of
our network Services to any export-prohibited country;
c)
agree not to use our website network Services
for any military, nuclear, missile, chemical or biological weaponry end uses
that would be a violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any
software, technology or any other technical data which would be in violation of
the U.S. or other applicable export and/or import laws.
CONTENT
PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
DNAGedcom LLC shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for DNAGedcom
LLC the below listed worldwide, royalty-free and non-exclusive licenses,
as applicable:
a)
The content submitted or made available for
inclusion on the publicly accessible areas of DNAGedcom
LLC's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network Services is for the sole purpose of providing and promoting the
specific area to which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of DNAGedcom LLC's sites, and shall terminate at such time
when you elect to discontinue your membership.
b)
Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of DNAGedcom LLC's sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of
providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of DNAGedcom LLC's sites and
shall terminate at such time when you elect to discontinue your membership.
c)
For any other content submitted or made
available for inclusion on the publicly accessible areas of DNAGedcom LLC's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed
"publicly accessible" areas of DNAGedcom LLC's
sites are those such areas of our network properties which are meant to be
available to the general public, and which would
include message boards and groups that are openly available to both users and members. However, those areas
which are not open to the public, and thus available to members only, would
include our mail system and instant messaging.
DNAGedcom may allow different members to
share their data with other members.
This ability will be solely an opt in option. You must approve sharing or not sharing your
information specifically. If you share,
you will have the right to stop sharing, although any information already
shared may continue to be available to other users by their use of gathering
and storing that information.
CONTRIBUTIONS TO COMPANY WEBSITE
DNAGedcom LLC provides an area for our users and members to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or
proposals ("Contributions") to our site, you acknowledge and agree
that:
a)
your contributions do not contain any type of
confidential or proprietary information;
b)
DNAGedcom shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c)
DNAGedcom shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d)
the contributor's Contributions shall
automatically become the sole property of DNAGedcom;
and
e)
DNAGedcom is under no obligation to either compensate or provide
any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members
herein agree to insure and hold DNAGedcom LLC, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a member or user of our site may submit, post, modify, transmit or
otherwise make available through our Services, the use of DNAGedcom Services
or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy,
trade, sell, resell nor exploit for any commercial reason any part, use of, or
access to DNAGedcom's
sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that DNAGedcom LLC may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum
number of days that any information, message posting or any other uploaded
content shall be retained by DNAGedcom LLC, nor
the maximum number of messages that may be sent and/or received by any member,
the maximum volume or size of any message that may be sent from or may be
received by an account on our Service, the maximum disk space allowable that
shall be allocated on DNAGedcom LLC's servers on
the member's behalf, and/or the maximum number of times and/or duration that any
member may access our Services in a given period of time. In addition, you also agree that DNAGedcom LLC has absolutely no responsibility or
liability for the removal or failure to maintain storage of any messages and/or
other communications or content maintained or transmitted by our Services. You
also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of
time. Furthermore, DNAGedcom LLC shall
reserve the right to modify, alter and/or update these general practices and
limits at our discretion.
Any messenger service, which may include any
web-based versions, shall allow you and the individuals with whom you communicate
with the ability to save your conversations in your account located on DNAGedcom LLC's servers. In this manner, you will be
able to access and search your message history from any computer with internet
access. You also acknowledge that others have the option to use and save
conversations with you in their own personal account on www.dnagedcom.com. It
is your agreement to this TOS which establishes your consent to allow DNAGedcom LLC to store any and all
communications on its servers.
MODIFICATIONS
DNAGedcom LLC shall reserve the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our
service, or any part thereof, with or without prior notice. In addition, we
shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a member of www.dnagedcom.com, you may cancel
or terminate your account, associated email address and/or access to our
Services by submitting a cancellation or termination request to
support@dnagedcom.com.
As a member, you agree that DNAGedcom LLC may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any
email associated with your account, and access to any of our Services. The
cause for such termination, discontinuance, suspension and/or limitation of
access shall include, but is not limited to:
a) any breach or violation of our TOS or any other
incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other
governmental agencies;
c) the discontinuance, alteration and/or material
modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f)
any engagement by you in any fraudulent or
illegal activities; and/or
g)
the nonpayment of any associated fees that may
be owed by you in connection with your
www.dnagedcom.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.
The termination of your account with
www.dnagedcom.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services
offered within www.dnagedcom.com;
b) the deletion of your password and any
and all related information, files, and any such content that may be
associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our
Services.
ADVERTISERS
Any correspondence or business dealings with,
or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related
goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that DNAGedcom LLC shall not be held responsible or liable
for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of
such advertisers on our website.
LINKS
Either DNAGedcom LLC
or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not
endorse nor are we responsible or liable for any content, products, advertising
or any other materials, on or available from such third party
sites or resources. Furthermore, you acknowledge and agree that DNAGedcom LLC shall not be responsible or liable,
directly or indirectly, for any such damage or loss which may be a result of,
caused or allegedly to be caused by or in connection with
the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that DNAGedcom LLC's Services and any essential software that
may be used in connection with our Services
("Software") shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our
Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by DNAGedcom LLC or such applicable licensor, you agree not
to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on DNAGedcom LLC Services (e.g. Content or Software), in
whole or part.
DNAGedcom LLC herein has granted you personal,
non-transferable and non-exclusive rights and/or license to make use of the
object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose
of obtaining unauthorized access to our Services. Lastly, you also agree
not to access or attempt to access our Services through any means other than
through the interface which is provided by DNAGedcom LLC
for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE
THAT:
a)
THE USE OF DNAGEDCOM LLC
SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE
SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. DNAGEDCOM LLC AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
DNAGEDCOM LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
DNAGEDCOM LLC SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) DNAGEDCOM LLC SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE DNAGEDCOM
LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF
ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED BY WAY OF DNAGEDCOM LLC
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY
DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING,
OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM DNAGEDCOM
LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT DNAGEDCOM LLC AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED
TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING SUBSTITUTE GOODS AND
SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY
ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR
SERVICE.
RELEASE
In the event you have a dispute, you agree to
release DNAGedcom LLC (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any
service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and
Limitations of Liability again. In addition, for this particular
type of information, the phrase "Let the investor beware" is
appropriate. DNAGedcom LLC's content is provided
primarily for informational purposes, and no content that shall be provided or
included in our Services is intended for trading or investing purposes. DNAGedcom LLC and our licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any
such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree,
unless otherwise expressly provided in this TOS, that there shall be no
third-party beneficiaries to this agreement.
NOTICE
DNAGedcom LLC may furnish you with notices, including those with
regards to any changes to the TOS, including but not limited to email, regular
mail, MMS or SMS, text messaging, postings on our website Services, or other
reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS
constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you
accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree
that all of the DNAGedcom LLC
trademarks, copyright, trade name, service marks, and other DNAGedcom LLC logos and any brand features, and/or
product and service names are trademarks and as such, are and shall remain the
property of DNAGedcom LLC. You herein agree not to
display and/or use in any manner the DNAGedcom LLC
logo or marks without obtaining DNAGedcom LLC's
prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE
& PROCEDURES
DNAGedcom LLC will always respect the intellectual property of others,
and we ask that all of our users do the same. With
regards to appropriate circumstances and at its sole discretion, DNAGedcom LLC may disable and/or terminate the accounts of
any user who violates our TOS and/or infringes the rights of others. If you
feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights
have been otherwise violated, you should provide to us the following
information:
a)
The electronic or the physical signature of
the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b)
A description of the copyrighted work or
other intellectual property that you believe has been infringed upon;
c)
A description of the location of the site
which you allege has been infringing upon your work;
d)
Your physical address, telephone number, and
email address;
e)
A statement, in which you state that the
alleged and disputed use of your work is not authorized by the copyright owner,
its agents or the law;
f)
And finally, a statement, made under penalty
of perjury, that the aforementioned information in
your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the
copyright or intellectual property owner's behalf.
The DNAGedcom LLC
Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
DNAGedcom LLC
Attn: Copyright Agent
13511 Moser Rd
Thurmont, Maryland 21788
Telephone: (470)
236-2433
CLOSED CAPTIONING
BE IT KNOWN, that DNAGedcom
LLC complies with all applicable Federal Communications Commission rules
and regulations regarding the closed captioning of video content. For more
information, please visit our website at www.dnagedcom.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and DNAGedcom LLC and shall govern the
use of our Services, superseding any prior version of this TOS between you and
us with respect to DNAGedcom LLC Services. You may
also be subject to additional terms and conditions that may apply when you use
or purchase certain other DNAGedcom LLC Services,
affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND
FORUM
It is at the mutual agreement of both you and
DNAGedcom LLC with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Maryland without regard to its conflict of law
provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the TOS, or the relationship
between you and DNAGedcom LLC, shall be filed
within the courts having jurisdiction within the County of Frederick, Maryland or the
U.S. District Court located in said state. You and DNAGedcom
LLC agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections
to the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
WAIVER AND
SEVERABILITY OF TERMS
At any time, should DNAGedcom
LLC fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any
provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
NO RIGHT OF
SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that
your account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all contents therein
permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that
regardless of any statute or law to the contrary, any claim or action arising
out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of
action arose or shall be forever barred.
VIOLATIONS
Please report any and all
violations of this TOS to DNAGedcom LLC as follows:
Mailing Address:
DNAGedcom LLC
13511 Moser Rd
Thurmont, Maryland 21788
Telephone: (470)
236-2433
Email: support@dnagedcom.com