Terms Of Service

Dirty Genes LLC

 

Last Changes to the Terms of Service: June 19, 2020

 

  1. ACCEPTANCE/TERMS OF SERVICE

Thank you for visiting our websites (collectively, “Site”), powered by Dirty Genes LLC (“Dirty Genes,” or “we”). We want each user of the Site to have a safe, pleasurable visit. These Terms of Service (“Terms”) govern your access and use of the Site, as well as any products or services offered by Dirty Genes via the Site (collectively, the Site and such services are “Offerings”). BY ACCESSING OR USING THE OFFERINGS, YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT VISIT SITE.

 

We reserve the right to changes to these Terms, or the policies and conditions that govern the use of the Offerings at any time. We encourage you to review the Site and these Terms periodically for any updates or changes. By continuing to use the Offerings after being notified of a change to these Terms, you accept such update.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. Please also visit our Privacy Policy for information on how we collect, process, use, and share your data.  The Privacy Policy is incorporated by reference herein.

 

 

  1. DESCRIPTION OF OFFERINGS

The Offerings include access to , its offered product lines, including its genetic analysis and processing services through StrateGene (“Genetic Testing Services”). We reserve the right to update and continue to evolve our Offerings, in order to ensure the best experience for our users. You agree that from time to time, the form and nature of the Offerings may change without notice to you. You further agree that Dirty Genes LLC may stop, temporarily or indefinitely, without prior notice to you. In order to use Offerings, you must have internet access. You are responsible for providing the necessary equipment for such internet connection.

 

We do not share your Genetic Information (as defined above and in our Privacy Policy) with employers, insurance providers, or third-party marketers without your consent. We will not share your Genetic information with law enforcement unless compelled to do so by valid legal process or to protect our employees, you, and others as described in our Privacy Policy. You may at any time request us to delete your data and account as described in our Privacy Policy.

 

  1. You must be of legal age to enter into a binding contract to use the Offerings.
  2. You must not be barred from receiving Offerings under your resident jurisdiction’s laws.
  3. You must be eighteen (18) years of age to contribute or otherwise provide Genetic Information (as defined in the Privacy Policy) to agree to these Terms on behalf of yourself.

 

At this time, our Genetic Testing Services are only available domestically in all U.S. states except for New York and are not currently available to international customers at this time.

 

  1. INTELLECTUAL PROPERTY

 

Dirty Genes LLC (or its licensors) is the sole and exclusive owner, and will retain all right, title and interest in and to the Offerings. You shall not copy or store any significant portion of the Offerings in any form. Copying or storing of any Offerings for other than personal, noncommercial use is expressly prohibited. All trademarks, service marks, and trade names which appear on the Offerings are proprietary to Dirty Genes. You shall abide by all copyright notices and restrictions contained in any Content accessed through the Offerings. Subject to the terms herein, Dirty Genes grants you a nonexclusive, nontransferable right and license (without right to sublicense) to access and use the Offerings, solely for your personal, non-commercial purposes. All design, graphics, text selections, arrangements, and all software are Copyright © 2019, Dirty Genes LLC and its related companies or its licensors. ALL RIGHTS RESERVED.

 

All material and information presented by SeekingHealth.com  and StrateGene.me is intended to be used for educational purposes only. The statements made about Offerings have not been evaluated by the Food and Drug Administration (U.S.). They are not intended to diagnose, treat, cure, or prevent any condition or disease. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at SeekingHealth.com or StrateGene.me.

 

  1. CUSTOMER DATA

For any data you provide to Dirty Genes, including Personal Information, Genetic Information, and Registration Information, in connection with your use of the Offerings (“Customer Data”), you grant Dirty Genes LLC a non-exclusive, worldwide, royalty-free, transferable license to use, modify, reproduce, and display such Customer Data (including all related intellectual property rights) to provide and improve the Offerings, all as further set forth in our Privacy Policy. You represent and warrant that you: (i) have the right to grant Dirty Genes LLC the rights set forth above, (ii) own all right, title and interest, or possess sufficient license rights, in and to the Customer Data as may be necessary to permit the use contemplated under these Terms, and (iii) you will not contribute any Customer Data that (a) infringes any intellectual property right, proprietary right, or the privacy or publicity rights of another, is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law or right of any third party, (b) contains a virus, trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with any system, data or information, or (c) causes damage to the systems of Dirty Genes or its users in any way. You bear all responsibility and liability for the accuracy, completeness, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right of the Customer Data and Dirty Genes LLC’s access, possession and use as permitted herein.

 

You agree that Dirty Genes has no liability or responsibility for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Offerings, or for the loss of Customer Data due to malfunction or destruction of data servers or other catastrophic events.

 

  1. SUBMISSIONS; FEEDBACK

Where Dirty Genes has specifically invited or requested submissions or comments (e.g. comments to blog posts, participation in communities, tips, etc.) through the Site, Dirty Genes encourages you to submit such content for consideration (“User Submissions”). User Submissions remain the property of the submitting party. By posting content on the Site, you expressly grant Dirty Genes a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content and your name, voice, and likeness as contained in your User Submission, in any form throughout the world in any media or technology, and including the right to sublicense such rights. Any such User Submissions are deemed non-confidential.

 

Any feedback relating to the Offerings (“Feedback”) submitted to Dirty Genes LLC shall become the property of Dirty Genes LLC. Dirty Genes will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in future Offerings, or operations.

 

  1. YOUR ACCOUNT OBLIGATIONS

You understand that you may need to create an account to have access to all of the parts of the Offerings. You will: (a) provide true, accurate, current and complete Registration Information, as defined in the Privacy Policy, and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You are responsible and liable for all activity under your account.

 

  1. RESTRICTIONS

You agree that, when accessing or using the Offerings, you will not:

  1. Do anything illegal.
  2. Engage in activity that is fraudulent, false, or misleading.
  3. Circumvent any restrictions on access to or availability of the Offerings.
  4. Engage in activity that is harmful to you, the Offerings, or others (including activity that violates’ others privacy).
  5. Infringe upon the rights of others.
  6. Access the Offerings through any means other than through the interface we provide.

 

  1. Legal Consent to sign for Dependents

If you elect to register a minor or other dependent (each a “Dependent”) to participate in the Offerings, you further represent and warrant that you: (a) are qualified under the laws of your state to sign and make decisions on behalf of such Dependent, including signing the applicable consent forms or documents; (b) will provide and maintain your account registration data and Dependent data in compliance with the requirements hereunder and applicable law; (c) will comply with all of the Terms, regardless of whether you or the Dependent is using the Offerings; (d) will ensure that any Dependent does not engage in any activity that would constitute a violation of the Terms, if performed by you; and (e) will remain responsible for any violation of the Terms by you or your Dependent.

 

  1. REQUIREMENT FOR USING GENETIC TESTING SERVICES

By using our Genetic Testing Services you agree:

  1. You will only provide your saliva as a sample for testing and analysis, or if you are submitting a saliva sample on behalf of a Dependent, you will only provide the saliva sample of your Dependent;
  2. You will not send us a saliva sample if you reside in an area where the Genetic Testing Services are not available;
  3. You will not send any saliva sample that you reasonably believe to carry an infectious or contagious disease.
  4. By providing a saliva sample, you do not receive rights to any research or commercial products developed by us, our agents, or affiliates. You will not receive compensation for any research or commercial products developed in the same.
  5. You will not use the Offerings obtained in conjunction with any other DNA database; any medical, diagnostic, or paternity testing; or any discriminatory or illegal purposes.

 

You also agree to allow us, our affiliates, our agents, and through other partners (as further set forth in our Privacy Policy) standards to:

  1. Extract your DNA from your saliva;
  2. Perform genetic testing methods that are now available or developed in the future;
  3. Disclose to you, and anyone you authorize, the results of our analysis;
  4. Store your DNA and Genetic Information;
  5. To destroy any remaining saliva, which means you will not receive your saliva sample back;
  6. Allow certain laboratory partners, affiliates, and agents to use your saliva sample and Genetic Information to calibrate their instruments, equipment, and methods used in providing Offerings.

 

We will only process Customer Data in accordance with our Privacy Policy, but if you choose to download the results of our Offerings, we will not be responsible for any lack of care on your part in not protecting your raw DNA data or those results. Genetic Information, in particular, is sensitive and you should take the highest level of precautions in protecting it.

 

  1. RISKS AND CONSIDERATIONS

Using our Offerings carries risks and considerations. Please take into account the following information, which is not exhaustive:

  1. Knowledge is irrevocable. Once you learn things about your genetics, you cannot unlearn them. Be prepared for the broad range of possibilities you will learn about yourself.
  2. Anxiety. Some people develop anxiety from possibility learning about their genetics. We suggest you consult a medical professional if the feeling of anxiety rises to any level of concern.
  3. Unanticipated Information. Genetic analysis can sometimes produce unanticipated information. We suggest preparing for a broad range of possibilities.
  4. Difficulty processing. Sometimes the Genetic Information applicable to your results is incomplete or compromised in some fashion. When this happens, we have difficult processing it, which may result in inaccurate results or our inability to produce any results for you.
  5. Genetic analysis is not comprehensive. There is much more to a person than their genetic makeup. We strongly discourage changes to a person’s life as a result of learning Genetic Information. We provide these services only as an informational and education purpose. We hope you can learn about how your body best functions and how you can take care of it.
  6. Genetic Information can be used against you. Genetic Information is extremely personal and, if shared, it can be used in nefarious ways and against you. Please take appropriate and reasonable precautions to protect this information about yourself.
  7. Dirty Genes Offerings are only meant for informational and educational use. We do not provide medical advice. We provide our services for the narrow purposes of informational and education uses only. We cannot endorse, warranty, or guarantee the effectiveness of any specific course of action, resource, test, physician or other health care provider.

 

  1. NO RESALE

Dirty Genes reserves the right to fulfill or refuse to fulfill orders made on this Site, including, but not limited to, any order that Dirty Genes has cause to believe is for onward sale other than through distribution channels approved by Dirty Genes. In the event of refusal of fulfillment, we will communicate to you the reason for the refusal and issue a refund of the amount paid for the given order. In addition, we reserve the right to limit quantities of items purchased by each and any customer.

 

  1. OFFERINGS, CONTENT, AND SPECIFICATIONS

Details of the Offerings available for purchase are set out on the Site.  All features, content, specifications, and prices of Offerings described or depicted on this Site are subject to change at any time, without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our Offerings, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Offerings on the Site at a particular time does not imply or warrant that these Offerings will be available at any time.

 

  1. TAXES; DISCOUNTS AND SALES

All applicable taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and many amounts vary from the estimated tax. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion at any time and without notice.

 

  1. PROMOTIONAL CODES

On occasion, Dirty Genes may issue promotional codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. Dirty Genes is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

 

  1. SHIPPING INFORMATION

Please see our Shipping Policy. Orders will be shipped to an address designated by the purchaser. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries. Seeking Health does not guarantee any particular delivery date and is not responsible for any delays.

 

  1. RETURN AND EXCHANGE POLICY

Please see our Return and Exchange Policy.  Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.

 

  1. LINKS TO THIRD PARTY SITES

From time to time, we may link to a third party’s website on the Site that is not owned, operated or controlled by Dirty Genes. All such links are provided solely as a convenience to you. If you click on these links, you will leave the Site. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other third party website linked on our Site. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Site, you do so entirely at your own risk and we encourage you to review that website’s terms of service.

 

  1. FEES

For all charges or deposits for any Offerings ordered by you on or through the Site, Dirty Genes, its vendors, or agents will bill your bank card or alternative payment method offered by the Site and you agree to pay all such charges or deposits. When you provide bank card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card used to pay for the Offerings.

 

  1. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. That you are over the age of 18, have the right and authority to enter into these Terms, and are fully able and competent to satisfy the terms, conditions, and obligations herein.
  2. You will use the Offerings in compliance with all applicable laws.
  3. You have read, understood, agree with, and will abide by the terms herein.

 

In connection with your Personal Information and Genetic Information, you represent and warrant that:

  1. If you are outside the U.S. or reside in any other area where we do not offer the Genetic Testing Services, you will not send us a sample would violate any export ban or other restriction in the area in which you reside or from which you are sending the sample;
  2. You will not use the Genetic Testing Services outside of the country to which your genetic testing kit was shipped;
  3. You are not an insurance company or an employer attempting to obtain information about an insured person or an employee;
  4. You are aware that some of the information you receive may provoke strong emotion;
  5. You take responsibility for all possible consequences resulting from your sharing with others your Genetic Information;
  6. You will not use the information obtained from Genetic Testing Services in whole, in part and/or in combination with any other database, for medical, diagnostic, or paternity testing purpose or for any discriminatory purpose or illegal activity.

 

  1. DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND OFFERINGS ARE AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), WARRANT THAT THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

 

THE OFFERINGS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SITE OR THROUGH THE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

All information contained on the Offerings, including information relating to medical and health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. Information about each product is taken from the labels of the products or from the manufacturers’ advertising material. Dirty Genes LLC is not responsible for any statements or claims that various manufacturers make about their products. We cannot be held responsible for typographical errors or product formulation changes. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE PRODUCT MANUFACTURERS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

 

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DIRTY GENES LLC ASSUME ANY RESPONSIBILITY OR LIABLILITY FOR ANY DAMAGES CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE OFFERINGS, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SITE. IN NO EVENT WILL DIRTY GENES OR ITS ASSOCIATES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE OFFERINGS, OR THE MATERIALS, INFORMATION, OR OFFERINGS CONTAINED ON ANY OR ALL OF THE OFFERINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY MATERIALS, INFORMATION, OR OFFERINGS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE OFFERINGS. IN NO EVENT SHALL DIRTY GENES LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (US $100.00), OR (B) THE VALUE OF THE OFFERINGS PURCHASED OR SUBSCRIBED BY YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. INDEMNITY

You agree to defend, indemnify, and hold Dirty Genes LLC and its Associates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (i) the use of the Offerings or your placement or transmission of any Customer Data; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including any right of privacy, publicity rights, or intellectual property rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any Customer Data that you provide, including without limitation any claim or damages arising from a defamation, invasion of, or violation of privacy claim; or (vi) any other party’s access and use of the Offerings with your unique username, password, or other appropriate security code.

 

  1. ADVERTISING RIGHTS

Nothing in these terms obligates or may be deemed to obligate Dirty Genes to sell, license, or offer to sell or license any advertising, promotion or distribution rights. We will only use information in compliance with our Privacy Policy and within the limits of the applicable laws. No personally identifiable information will be used in advertising or promotional materials without your consent.

 

  1. TERMINATION

We may terminate or suspend your account or your use of the Offerings at any time, for any reason or for no reason, and at our sole discretion. You are personally liable for any orders placed or charges incurred through your account prior to termination. All provisions of these Terms, which by their nature should survive termination will so survive termination, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

 

  1. MODIFICATION

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Offerings (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in receipt of products, services, or features of the Offerings; and (ii) we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Offerings.

 

  1. ASSIGNMENT

You may not assign or delegate any rights or obligations under these Terms. Any purported assignment or delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially, without notice to you.

 

  1. RELEASE

In the event that you have a dispute with one or more other users of the Offerings, you release Dirty Genes LLC (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or that are in any way connected with such disputes.

 

  1. FORCE MAJEURE

Neither Dirty Genes LLC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

 

  1. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Dirty Genes agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

 

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Offerings, (ii) any purchases or other transactions or relationships with the Offerings, or (iii) any data or information you may provide to the Offerings or that the Offerings may gather in connection with such use, interaction, or transaction (collectively, “Offerings Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Offerings, or engaging in any other Offerings Transactions or Relationships with us, you agree to binding arbitration as provided below.

 

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Offerings, you agree that any complaint, dispute, or disagreement you may have against Dirty Genes, and any claim that Dirty Genes may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any Offerings Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (“AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Dirty Genes agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

You further agree that:

  1. Arbitrator Will Interpret these Terms. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
  2. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Dirty Genes LLC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
  3. Governing Law. The Arbitrator (i) shall apply internal laws of the State of Washington consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
  4. No Class Relief. The Arbitration can resolve only your individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
  5. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  6. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Dirty Genes will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
  7. Reasonable Attorney’s Fees. In the event you recover an Award greater than Dirty Genes LLC’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Dirty Genes LLC’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Dirty Genes shall in all events bear its own attorneys’ fees;
  8. Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable, illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Dirty Genes LLC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
  9. Modification of Arbitration Clause with Notice. Dirty Genes may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Dirty Genes has given notice of such modifications and only on a prospective basis for claims arising from Offerings Transactions or Relationships occurring after the effective date of such notification; and
  10. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Dirty Genes in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

 

  1. GENERAL
    1. Choice of Law.  Any claim relating to use of the Offerings and the materials contained herein is governed by the laws of the State of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.
    2. Admissibility. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    3. Entire Agreement. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.
    4. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
    5. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
    6. No Waiver: Our failure to act, exercise, or enforce any right or provision of these Terms with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Offerings, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Offerings. The Offerings have certain legally mandated procedures in place regarding allegations of copyright infringement occurring on the Offerings. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Dirty Genes or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Offerings infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is [email protected].

 

  1. ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at [email protected].