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Privacy Terms & Conditions

This website is operated by Dynamic DNA Laboratories. Throughout the site, the terms “we”, “us” and “our” refer to Dynamic DNA Laboratories, hereinafter referred to as “DDNA”.  DDNA offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1: Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2: General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 CONTINUED: Refund Policy

Orders for DNA tests may be cancelled for a 100% refund if the refund is requested before Dynamic DNA has shipped the DNA kit(s). Once the DNA kit(s) has been shipped by Dynamic DNA, order cancellations may be made within the first 30 days of your order, but only if the DNA samples have not yet been returned to Dynamic DNA. Prior to receiving a refund, customer must the DNA kit and the un-opened contents must be shipped back to Dynamic DNA at the customer’s expense, and a refund will be issued that is equal to your purchase amount minus a $25 processing fee. Customers are subject to an additional fee if contents are missing from the returned DNA kit(s).

Orders for DNA kits that require a physician referral may be cancelled before the kit has been shipped for a 100% refund. Once a DNA kit has been shipped, order cancellations may be made within the first 30 days of your order, and before the DNA sample has been returned to Dynamic DNA, you will receive a refund equal to your order minus a $45 processing fee. Refunds cannot be issued until Dynamic DNA receives the un-used DNA kit back to the lab. Customers are subject to an additional fee if contents are missing from the returned DNA kit(s).

No refunds can be issued for any purchases after Dynamic DNA has received the customer’s DNA samples and begun lab processing.

If you cancel your order after the first 30 days, no refund will be issued.
Problems with DNA Quantity and Quality

In rare cases, an insufficient amount of DNA is isolated for analysis. The laboratory may not be able to process your sample if it does not contain enough DNA, the DNA is of poor quality, or the sample was packed for shipping incorrectly. Should one of these scenarios occur in the processing of your order, you have two options:

1) Dynamic DNA Laboratories will offer to ship another DNA collection kit at no additional charge and will retry the analysis.
2) You may receive a full refund of the amounts paid to Dynamic DNA at this time.

Should the second sample not contain a sufficient quantity and quality of DNA the user is no longer entitled to a refund and may receive incomplete results.

SECTION 5: Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our 100% satisfaction policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our 100% Satisfaction Policy.

SECTION 7: Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8: Third-Party Links

Certain content, products, and services excluding laboratory analysis and digital coloring and/or manipulation of artwork available via our Service may include materials from third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9: User Comments, Feedback, & Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10: Personal Information, Privacy Policy

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11: Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12: Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13: Disclaimer of Warranties; Limitation of Liability

We make no express warranties or representations as to the quality and/or accuracy of the Content, the Websites or the Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Websites and the Services on an “as is” basis and do not accept responsibility for any use of or reliance on the Websites, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Websites, Content or Services. DDNA does not guarantee the adequacy of the Services or Websites or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Websites, the Services, their servers, or any emails which may be sent from DDNA are free of viruses or any other harmful components.

To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

You agree to defend, indemnify and hold harmless DDNA, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Websites and Services.

DDNA may, from time to time, provide opportunities to Users of the Websites to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those applicable to the Websites and it is your responsibility to ensure that you have read and understood them. DDNA makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from DDNA.

SECTION 14: Indemnification

You agree to indemnify, defend and hold harmless DDNA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15: Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16: Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17: Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18: Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2144 E. Republic Road, Suite B204 Springfield Missouri United States 65804.

SECTION 19: Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20: Contact Information

Questions about the Terms of Service should be sent to us at info@dynamicdnalabs.com.

PRIVACY POLICY

Your privacy is of the utmost importance to us at Dynamic DNA Laboratories (Hereinafter referred to as “DDNA”).  This Privacy Policy (”Policy”) describes the information that DDNA gathers from your use of the Service, how we use and disclose such information, and the steps we take to protect such information.  By using the Service, you consent to the privacy practices described herein.  This Policy is incorporated into and is subject to the DDNA Terms of Service.  Your use of our products or services is also subject to your written agreement to abide by the Informed Consent you are required to sign prior to engaging in a genetic testing service through DDNA.

In general, we only collect information that is required to operate and enhance the features of our genetic testing services and products.  In addition to the foregoing, the information we collect and the reasons for collecting it include the following:

  • Personally Identifiable Information – When you use our genetic testing services, we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, phone number, and credit card or other billing information. Personal information also includes other information such as date of birth, or geographic area when any such information is linked to information that identifies a specific individual. Individuals using the Service may provide us with personal information about themselves and their healthcare providers. Healthcare providers using the Service may provide us with information about their patients and their practices, including NPI numbers, fax numbers, and the name, job title, and contact information of other providers involved in an individual’s care. We may use this information (i) to contact you for administrative communications, such as by sending you an email to confirm that you have ordered a genetic testing product or service, to notify you when your healthcare provider has provided DDNA with your information in an order form, or to send a DDNA genetic testing product or service; or (ii) to send promotional communications, including updates on products and events relating to products and services offered by us and by third parties we work with. You have the ability to opt-out of receiving promotional communications by following the unsubscribe instructions for a promotional communication.
  • Protected Health Information – We may collect protected health information from you or your healthcare provider and use it as provided in the Informed Consent.
  • Customer Support – We may collect personal information through your communications with us and use the information to respond to your inquiry.
  • “Cookies” – To improve and customize your experience with DDNA, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device when you use the Service. We may use both session cookies that disappear after you close your browser and persistent cookies that remain after you close your browser and may be used by the browser on subsequent visits to the Service. Please review your web browser “Help” file to learn how to adjust your cookie settings; however, some Services may not function properly if you disable cookies.
  • “Automatically Collected Information” – When you visit the DDNA website, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information will help us customize and improve your experience with the Service and includes your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened or clicked on a message, to improve the product. We use “automatically collected” information to (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized content and information; or (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities.

Aside from the terms defined in the informed consent or the product or service that you engage in, your sample will not be used for any purpose other than to provide you with our genetic testing services or products.  We guarantee the following securities with every sample submitted to DDNA:

  • Sample Identification and Tracking – Once inside the laboratory, your name disappears from the process. All DNA samples are identified through the use of a serial number that is assigned to your order.
  • Destruction of DNA Sample – Following the completion of a genetic testing service, all DNA samples are maintained in-house for a period of 60 days. After this period of time, all remaining samples are destroyed and discarded. Customer DNA is never stored in the laboratory beyond the scope of the work.
  • Limited Genetic Analysis – No regions of your DNA are analyzed outside of the scope of your genetic testing service.
  • No Third Parties – Your DNA sample will never be shared with or shipped to another laboratory.

Except as described in this policy, we will not disclose your information that we collect through the service to third parties without your consent.  We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

  • We may release your protected health information only as set forth in the Informed Consent.
  • We work with third party service providers to provide website, application development, analytics, payment processing, hosting, maintenance, support ticketing, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
  • We may share aggregated non-personally identifiable information; for example, aggregated trends about the general use of our Service, publicly and with our partners (which information will not include protected health information).
  • We may work with third-party advertising partners to show ads for our Services that we think may interest you after you visit our Service. These third-party partners collect non-personally identifying information from you when you visit our website and other websites. If you do not wish to receive our personalized ads, please visit the opt-out pages of the Network Advertising Initiative or the Digital Advertising Alliance to learn about how you may opt out of receiving personalized ads from member companies.
  • We may also disclose your information that we believe in good faith is appropriate or necessary to enforce our Terms of Service; address fraud, security, or technical issues; comply with law enforcement requests and legal process, such as a court order or subpoena; or protect against harm to DDNA or others to the extent required or permitted by law.

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. If you wish to access or amend any other personal information we hold about you, you may contact us at info@dynamicdnalabs.com.

If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained in the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at info@dynamicdnalabs.com.

Please be aware that if you opt-out of receiving commercial emails from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to DDNA, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests and processing your genetic test request. By providing any information, including personal information, on or to DDNA, you consent to such transfer, storage, and processing.

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time.  In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change.

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at info@dynamicdnalabs.com, or by phone at 417-319-1047.

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