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Terms and Conditions

The mission of DNA My Horse is to provide competent, accurate, and reasonably cost breed composition testing for horses. 

  1. Effective Date: March 1st, 2022

    Please read these terms and conditions carefully. They contain important information about your rights and obligations and constitute a binding legal agreement between you and DNA MY Horse and its affiliate companies (“Company,” “we,” “us” or “our”) regarding your use of the Service and Site. BY USING THE SERVICES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.

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IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Please see "DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY" (Section 18) and "DISPUTE RESOLUTION" (Section 20) below for more information.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.

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  2. 1. Binding Terms: These Terms and Conditions shall govern the testing services provided to the undersigned customer ("Customer") by DNA My Horse ("DNA My Horse") or ("Company") in accordance with the DNA Test Sample Submission Form. This is a legally binding agreement between Customer and DNA My Horse.
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2. DNA My Horse shall provide testing services to the customer as described on the DNA submission form in accordance with the terms and conditions described below. This constitutes a legally binding agreement between the customer and DNA My Horse.

 

3. DNA My Horse shall store and process all samples sent by the customer with care and attention for so long as is required to perform the testing undertaken. All samples become the sole property of DNA My Horse, who shall have no obligation to return or subsequently store samples. DNA My Horse retains the right to dispose of remnant sample or utilize these for subsequent research.

3a. Upon receipt of a Sample, DNA My Horse will analyze the horse’s DNA to determine the breed(s) present in its recent ancestry. The DNA My Horse Products are based upon the DNA My Horse database of breeds. If a horse’s ancestry contains breeds not represented in our database, the results may identify related breeds that are contained in the database. Test results may also be inconclusive if the sample is tested and breed algorithm paramters are not met (in which case any inconclusive results will be automatically processed as a refund).

 

4. It is the customer’s responsibility to ensure that he has the legal right to submit a sample from the horse in question. The customer also accepts the responsibility of providing accurate information at the time of purchase; where there are inaccuracies, for example misspelling of names, DNA My Horse reserves the right to make additional administration charges to make corrections.

 

5. Cautions: A number of factors can impact the accuracy of the Service and test results, including without limitation, your ability to provide sufficient and uncontaminated biological samples as required by the instructions in the DNA Submission Sheet. YOU AGREE WE ARE NOT LIABLE FOR ANY TESTING OR OTHER SERVICE ERRORS CAUSED BY YOU OR YOUR FAILURE TO PROVIDE SAMPLES STRICTLY IN ACCORDANCE WITH KIT INSTRUCTIONS. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, ACCURATE, RELIABLE OR THAT THE SERVICE WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT) Or THAT THE results OF THE SERVICE will be accepted by a particular entity.

 

  1. 6. Medical/Veterinary Advice Disclaimer: THE SERVICE AND THE SITE DO NOT PROVIDE MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. YOU USE THE SERVICE AND THE SITE AND ANY INFORMATION PRODUCED BY THE SERVICE AND THE SITE AT YOUR OWN RISK. WE DO NOT OFFER MEDICAL ADVICE, DIAGNOSES OR OTHER RECOMMENDATION FOR TREATMENT, OR ENGAGE IN THE PRACTICE OF VETERINARY MEDICINE. THE CONTENT AND OTHER MATERIALS CREATED BY THE COMPANY OR OTHERWISE CONTAINED IN THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL VETERINARY ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO BE PROVIDED ARE DECISIONS THAT SHOULD BE MADE ONLY BY LICENSED VETERINARIAN. ALWAYS SEEK THE ADVICE OF A VETERINARIAN WITH ANY QUESTIONS YOU HAVE REGARDING ANY ACTUAL OR POTENTIAL MEDICAL CONDITION OR SYMPTOMS YOUR HORSE MAY BE EXPERIENCING. Using a proprietary analysis and database, the Service can provide among other things, insight into the breed ancestry of a Horse and breed-related risks of developing certain diseases. While the Service can help identify risk factors associated with certain diseases or conditions, they are not intended to diagnose diseases or predict behavior in any particular Horse. In the unlikely event that it is not possible to determine breed history, ancestry, genetic-disease results, or to complete or fulfill any other service or product order requested by you, or any aspect thereof, or that an error in any of the analyses conducted by DNA My Horse occurs, liability by DNA My Horse or related companies and individuals is expressly disclaimed. Damages, if any, are limited to the payment actually received by DNA My Horse for the specified analysis at issue.

 

 

  1. 7. Certain Definitions: Capitalized terms not defined where they first appear have the following meanings:

(a) “Conditions” means these terms and conditions.

(b) “Contract” means any order submitted for the supply of the Services by the Company to you.

(d) “Request Form” means the pro forma service order form relating to the Service and as provided by the Company via our website at dnamyhorse.com

(e) “Service” means the various testing services provided by the Company, including, but not limited to: DNA-testing services for horses relating to ancestry, horse breed tests, horse allergy tests, horse biological age tests, and all related services including the results thereof.

(f) “Site” means dnamyhorse.com and any other websites and online applications operated by the Company that link to or incorporate these Conditions.

(g) “You” means the person ordering the Service and/or using the Site.

 

  1. 8. Conditions of Sale:

(a) These Conditions shall apply to all contents and information available within the Site and all Contracts to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation or Request Form or similar document.

(b) If you order the Service from the Site by filling in the form and clicking the “Check Out” button or through a representative, you shall be legally bound to have made an offer to purchase the Service pursuant to these Conditions.

(c) All sales made by the Company are made on these Conditions. No variation of these Conditions will be binding on the Company unless confirmed in writing by a director of the Company. The Effective Date of these Conditions is set forth at the top of this webpage. The Company may from time to time alter these Conditions at its discretion. Any changes will be posted on the Site. We encourage you to return to the Site frequently so that you are aware of our current Conditions. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. The changed Conditions supersede all previous versions.

(d) You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.

(e) Features and specifications of the Service we provide described or depicted on the Site are subject to change at any time without notice.

(f) These Conditions do not affect your statutory rights as a consumer.

 

  1. 9. Prices, Payment and Delivery:

(a) The charges payable by you to the Company for the Service are those set out in the current relevant price list(s) supplied by the Company to you as published on the Site or as quoted in writing by the Company to you. The Site or other Company publications concerning the Service may include inaccuracies or typographical errors. The Company is not responsible for any pricing, typographical, or other errors on the Site or in such publications.

(b) The Company must receive payment for the Service before acceptance of your order, which includes testing and issuing results. Via e-mail, you will receive a order an confirmation which will include your order number and details of the Service. The Company’s acceptance of your order brings into existence a legally binding contract between you and the Company. The Company reserves the right not to supply you at its discretion. Unless other arrangements are made, all Services must be paid in full before the results of the test will be released to you.

(c) You are liable for all transaction taxes for purchases, including any applicable sales, use or value added taxes.

(d) You undertake that all details you provide the Company for the purpose of purchasing the Service are correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service.

(e) Payment will be processed by the Company’s third-party payment processor, using the preferred payment method you choose, or designate in your account.

(f) All sales are final. Charges paid by you for pending or completed or delivered orders are final. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion and in accordance with these Conditions.

(g) If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

 

10. User Reviews: Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews

 

11. DNA My Horse warrants that the testing supplied will be in accordance with industry accepted standards and shall be performed with care and competence by suitably trained personnel. DNA My Horse does not accept any liability for any inaccuracies contained in any information obtained from third party sources.

 

12. The Company reserves the right to cancel or refuse any order for any reason at any stage of the ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or payment issues or samples that result in inconsluive results.

 

13. Any dates quoted by the Company to you for the provision of the Service are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract. The Company will not be liable to you for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Service.

 

14. Test results shall only be issued to the ordering party or email listed on DNA Sample Submission Form.

 

15. All customer data shall be stored with due regard and with adherence to the Data Protection Act.

 

  1. 16. Restrictions:

(a) You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(e) You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local or international law or regulation;
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
  • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site; or
  • Otherwise attempt to interfere with the proper working of the Site.

 

 

17. Intellectual Property Rights: The content on the Sites (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Sites and Company Content and Marks.

 

  1. 18. User Submissions: Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, all materials, information or other communications you transmit, upload or post to the Site including any ideas, comments, suggestions, feedback, data or the like (“User Generated Content”) will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the User Generated Content. Furthermore, you assign to the Company all intellectual property rights you have in any User Generated Content. By submitting the User Generated Content to Company, you agree Company is free to use the User Generated Content, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form.

 

 

  1. 19. Links to other web sites: The Sites contains (or you may be sent through the Sites or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

 

20. Site Management: Company reserves the right but does not have the obligation to:

(a) monitor the Sites for violations of this Agreement;

(b) take appropriate legal action against anyone who, in Company sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

(c) in Company sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;

(d) in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company's systems;

(e) otherwise manage the Sites in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Sites.

 

21. Modifcations to Agreement: Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

 

22. Modifcations to Services: To Services Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

 

23. Disputes Between Users: If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

 

  1. 24. General Disclaimer; Limitation of Liability:

(a) WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SERVICE BE ERROR-FREE, ACCURATE, RELIABLE OR WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT). THE SITE AND THE SERVICE ARE PROVIDED BY The Company on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE OR THE SERVICE.

(b) The Company makes no guarantee that the test results will be accepted by a particular entity. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.

(c) Except to the extent prohibited by applicable law, in no event will the Company nor any of its officers, directors, employees, agents or other representatives be liable for any direct, indirect, special, punitive, exmplary or consequential damages or losses of whatsoever kind ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING THE RESULTS PRODUCED BY SUCH SERVICE), ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.

(d) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR THE SERVICE IS TO STOP USING THE SITE AND/OR THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY SERVICE IS SIXTY NINE DOLLARS AND NINETY-NINE CENTS ($69.99) OR THE AMOUNT PAID FOR THE SERVICE, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

(e) ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

(f) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the company’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

 

  1. 25. Indemnification: You shall indemnify, defend and hold the Company, our suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company arising out of or relating to:
  2. (a) your access to or use of the Site;
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  4. (b) your violation of these Conditions;
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  6. (c) the infringement by you, or any third party using your account, of any intellectual property, privacy or other right of any person or entity;
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  8. (d) your use of the Service;
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  10. (e) the samples you provide to the Company;
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  12. (f) your User Generated Content; or
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  14. (g) performance of testing services. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

 

26. DISPUTE RESOLUTION

These Terms are governed by and construed and enforced in accordance with the internal laws of the State of New Jersey, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and DNA My Horse agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

YOU AND DNA MY HORSE AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 20 AND THAT YOU AND DNA MY HORSE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.

YOU AND DNA MY HORSE FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and DNA My Horse and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this Section 20, "DNA My Horse Parties") arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes") will be settled by binding arbitration in the U.S. State of New Jersey administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. DNA My Horse will provide such notice by mail or e-mail using the contact information on file with DNA My Horse and you must provide such notice by mail to DNA My Horse, Attn: Legal Department, 203 Main Street #132, Flemington, NJ 08822

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, DNA My Horse will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse DNA My Horse for all fees associated with the arbitration that DNA My Horse paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.

DNA My Horse and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither DNA My Horse nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this Section 20 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 20, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against DNA My Horse under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section 20.

LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against DNA My Horse and (2) exclude certain damages do not apply to New Jersey residents.

 


27. Termination

These Terms automatically terminate when you fail to comply with any term or condition of them. DNA My Horse may terminate or modify your access to the Services, including the Sites, with or without notice to you, at any time for any reason.

Termination will not limit any of DNA My Horse’s other rights or remedies. This Section 21, along with Sections 20, 24, and 25, survive termination of these Terms.

 

  1. 28. Copyright and Monitoring: The contents of the Site, including all information, files, documents, text, photographs and images, are the property of the Company and our licensors, as applicable, and are protected by U.S. and international copyright laws and other intellectual property rights. The Company or its licensors own these rights. All product and company names and logos mentioned in the Site are the trademarks, service marks or trading names of their respective owners, including the Company. You may download material from the Site for the sole purpose of placing an order with the Company and you may download, save and print a copy of these Conditions. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Company’s web site including but not limited to text, graphics, code and/or software without the Company’s prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. All rights not expressly granted herein are reserved to us and our licensors.

 

  1. 27. License: The Company grants you a limited license to access and make personal use of the Site subject to these Conditions. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of the Company.

 

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  1. 28. Governing Law: These terms and conditions and the testing services provided by DNA My Horse shall be governed by and construed in accordance with the laws of the State of New Jersey, USA without regard to its conflicts of law provisions. Customer hereby consents to jurisdiction of the courts of the State of New Jersey, USA and waives any objection to venue in Hunterdon County.

 

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  2. 29. General:

(a) These Conditions are made between the Company and you and shall not be assignable by you. The Company may assign these Conditions and sub-contract the performance of the Contract in whole or in part.

(b) The Company reserves the right to seek all remedies available at law and in equity for violations of these Conditions, including the right to remove your account and any contents generated by you on the Site, block your access to the Site and block IP addresses.

(c) These Conditions together with our Privacy Policy and any order form and payment method instructions constitute the whole agreement between you and the Company, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of these Conditions). You acknowledge that you have not entered into this Contract in reliance upon any warranty or representation made by the Company or any other person and you waive any rights to damages/rescission you may have for misrepresentation that is not contained in these Conditions, our Privacy Policy and order form and payment method instructions.

(d) The Company shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other event beyond the Company’s control.

(e) If any part of these Conditions is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other part of these Conditions will not be affected and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

(f) No waiver by the Company of any term or condition set forth in these Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The Company’s failure to insist upon or enforce strict performance of any provision of these Conditions shall not be construed as a waiver of any right.

 

Contact Us:

DNA My Horse

203 Main Street #132, Flemington, NJ 08822