Terms and Conditions

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

  1. Effective Date: March 1, 2022 (Last Updated: August 20, 2025)

    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 affiliates, successors, and assigns (“Company,” “DNA My Horse,” “we,” “us,” or “our”) and you (“you,” “your,” or “Customer”) regarding your access to and use of our website, services, reports, and related products (collectively, the “Services”).

    BY ACCESSING OR USING THE WEBSITE, PURCHASING A TEST, SUBMITTING A SAMPLE, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR THE SERVICES.

    IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A REQUIREMENT TO RESOLVE MOST DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND A WAIVER OF CLASS OR REPRESENTATIVE ACTIONS.

    1. Eligibility and Authority

    You represent and warrant that:

    1. 1. You are at least the age of majority in your jurisdiction and legally competent to enter into this agreement.
    2. 2. You have the legal right and authority to submit any sample you send to us for testing.
    3. 3. All information you provide to us, including order details, horse information, and contact information, is true, accurate, current, and complete.
    4. 4. You will promptly update any information that becomes inaccurate or outdated.
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    We reserve the right to refuse service, cancel orders, or decline to process samples where we reasonably believe you lack authority to submit a sample, where information is inaccurate, or where use of the Services may violate applicable law or these Terms and Conditions.

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    2. Scope of Services

    We provide horse-related DNA testing and related services, reports, and informational materials as described on our website from time to time. Services may include, without limitation, horse breed-composition testing, DNA typing, parentage comparison or confirmation where offered, and other equine DNA-related services.

    The Services, website content, reports, and related materials are provided for informational purposes only and are subject to these Terms and Conditions.

    We reserve the right to modify, update, suspend, limit, or discontinue any Service, report format, included feature, bonus feature, or website functionality at any time, with or without notice, and without liability except as otherwise required by applicable law.

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    3. Order Submission and Acceptance

    Placing an order through our website constitutes an offer to purchase Services, not acceptance by us.

    An order is not accepted until:

    1. 1. Payment has been successfully processed; and
    2. 2. We issue an official order confirmation.
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    We reserve the right, in our sole discretion, to refuse, cancel, or decline any order before or after submission for reasons including, without limitation:

    • - pricing or typographical errors,
    • - payment failure or suspected fraud,
    • - system or website error,
    • - quantity limitations,
    • - product or service unavailability,
    • - inability to verify information,
    • - concerns regarding sample integrity or legal authority,
    • - operational limitations, or
    • - any other legitimate business reason.
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    If an order is cancelled after a charge has been processed, any refund due will be issued to the original payment method, subject to payment-processor policies and timelines.

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    4. Pricing and Payment

    All prices are listed in U.S. dollars unless otherwise stated. You are responsible for all applicable taxes, duties, fees, and charges associated with your purchase.

    You agree that:

    1. 1. The payment method you use is valid and authorized.
    2. 2. Billing information provided is accurate.
    3. 3. We may use third-party payment processors to process payment.
    4. 4. We may correct pricing, typographical, technical, or other errors, even after payment has been requested or received.
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    For security, chain-of-custody, and operational reasons, test purchases must be made through our official website unless we expressly agree otherwise in writing. We do not guarantee that website checkout will be available, uninterrupted, or successful for every user or device.

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    5. Prepaid Order Requirement; Unmatched Samples

    A prepaid order must be placed before a sample can be accepted for testing.

    As each sample must be matched to a valid order, we may reject, decline to process, destroy, or otherwise dispose of any biological sample that:

    • - arrives without a corresponding prepaid order,
    • - cannot reasonably be matched to an order,
    • - lacks sufficient identifying information,
    • - appears contaminated, damaged, or unsuitable for testing, or
    • - is otherwise noncompliant with our submission requirements.
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    We shall have no liability for the destruction, disposal, or non-processing of unmatched or noncompliant samples.

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    6. Sample Submission Requirements

    You are responsible for collecting, packaging, labeling, and mailing samples in accordance with our then-current instructions, including the DNA Sample Submission Form and any instructions displayed on our website.

    You acknowledge that test accuracy and usability may be affected by, without limitation:

    • - insufficient sample quantity,
    • - contamination,
    • - moisture exposure,
    • - heat exposure,
    • - degradation,
    • - improper collection,
    • - improper packaging,
    • - transit delay or damage,
    • - omission of required paperwork,
    • - illegible or inconsistent identifying information, or
    • - other human, environmental, or handling factors before the sample is received and logged by us.
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    We are not responsible for carrier delay, loss, theft, damage, incomplete addressing, omitted suite or unit information, delivery to the wrong address, or other mailing or shipping errors occurring before the sample is actually received and logged by us. The Customer is solely responsible for all costs of collecting, packaging, and mailing samples to the Company, including postage, tracking, courier, express, overnight, and other shipping fees. These costs are separate from the purchase price of the Services and are nonrefundable, including in the event of an inconclusive result, resubmission, retest, transit issue, or carrier error, except as required by applicable law.

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    7. Ownership and Disposition of Samples

    By submitting a sample, you authorize us to receive, process, store, analyze, handle, and dispose of that sample as reasonably necessary to provide the requested Services, maintain records, comply with law, support quality control, and manage operations.

    Unless otherwise required by law, all submitted samples and any remnant material become our property upon receipt, and we are not obligated to return, preserve, or store any sample after testing or attempted testing. We may destroy, discard, or otherwise dispose of any sample or remnant material at any time and without further notice.

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    8. Breed Test Scope; No Registry, Papers, or Purebred Certification

    Our standard horse DNA breed test (the “Breed Test”) is a breed-composition analysis intended to identify the most likely breed influences that may be present within a horse’s genetic background based on our proprietary database, laboratory methods, and algorithms.

    The Breed Test is offered as an informational and interpretive service only. It is not intended to:

    • - determine or certify registry status,
    • - establish pedigree or lineage attribution,
    • - prove eligibility for registration,
    • - obtain registration papers,
    • - replace official parentage records,
    • - certify purebred status, or
    • - serve as an official determination by any breed association, registry, court, insurer, buyer, seller, or third party.
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    We make no representation or warranty that any result will be accepted by any breed registry, organization, authority, or third party for any purpose.

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    9. Breed Test Limitations; No Exact Percentages; Related Breeds

    The Breed Test does not provide:

    • - exact breed percentages,
    • - guaranteed equal-split breed breakdowns,
    • - sire-versus-dam breed attribution,
    • - parent-specific lineage percentages,
    • - definitive generation-by-generation pedigree analysis, or
    • - a guarantee that every possible breed influence will be identified.
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    Horse breed testing is not an exact science. Many horse breeds share genetic overlap, common foundations, and historical crossbreeding. As a result:

    • - closely related breeds may receive similar probabilities,
    • - one related breed may appear where another similar breed is more recent,
    • - some reported breed influences may reflect ancestral influence rather than recent breed composition, and
    • - some results may reflect the closest related breed influences available in our database rather than a breed not represented in our testing system.
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    We do not test for every horse breed. If a breed is not represented in our database, the analysis may identify the closest related or most genetically similar breed influences available in our system. The Company may use information provided by the Customer on the submission form, including horse type or reported background, for administrative and reporting workflow selection. Any such internal classification is used solely to support processing and report preparation and does not guarantee, predetermine, or override any particular result or breed determination.

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    10. Accuracy; No Guarantee of Results

    Our testing process is designed to provide meaningful insight into the most likely breed influences present in a horse’s DNA. However, no medical, scientific, laboratory, or genetic test can be considered error-free, conclusive, or 100% accurate.

    Results may be affected by, without limitation:

    • - sample contamination,
    • - sample degradation,
    • - heat or moisture exposure,
    • - insufficient DNA,
    • - allele dropout,
    • - handling or collection errors,
    • - packaging or labeling errors,
    • - transit conditions,
    • - laboratory limitations,
    • - database limitations,
    • - algorithmic interpretation,
    • - naturally occurring genetic variation,
    • - breed similarity, and
    • - the complexity, rarity, or blended nature of a horse’s genetic background.
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    In general, horses with simpler or more distinct genetic backgrounds may produce clearer results, while horses with blended, overlapping, or more complex backgrounds may be more likely to receive less definitive or inconclusive results.

    We do not guarantee:

    • - any specific result,
    • - any conclusive result,
    • - that every breed influence will be identified,
    • - that results will match your expectations,
    • - that results will align with appearance, seller representations, registry claims, or oral history, or
    • - that results will be suitable for any specific purpose.
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    11. Inconclusive Results; Retesting

    A result may be deemed inconclusive if our proprietary testing standards, algorithms, and reporting parameters are not met.

    Inconclusive results may occur for a variety of reasons, including:

    • - sample-quality issues,
    • - contamination or degradation,
    • - low DNA concentration,
    • - allele dropout,
    • - highly blended or overlapping ancestry,
    • - breed combinations that are difficult to resolve under current algorithmic standards, or other testing limitations.
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    If we determine that a specific test result is inconclusive, we will issue a refund of the purchase price paid for that specific test to the original payment method, subject to payment-processor rules and timelines.

    A resubmission or retest may be permitted in our discretion, but no conclusive result is guaranteed. Some horses may repeatedly produce inconclusive results due to their specific genetic backgrounds, regardless of sample quality. Retests may require additional procedures and may take longer than standard turnaround times.

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    12. Parentage Confirmation; No Open-Ended Search

    Any complimentary or paid parentage-related feature included with a test or offered by us is limited to parentage comparison or parentage confirmation using samples submitted under the same customer account, provided:

    1. 1. all relevant horses have prepaid tests,
    2. 2. the submitted samples meet testing requirements, and
    3. 3. valid comparison samples are available.
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    We do not currently provide open-ended or database-wide searches for unknown sires, dams, or other relatives unless we expressly state otherwise in writing.

    We are under no obligation to search across other customers’ submissions, prior samples, internal records, or broader databases for possible matches.

    No parentage match, parentage confirmation, or parentage-related result is guaranteed.

    Any complimentary or bonus feature, including any parentage-related feature, may be modified, limited, suspended, or discontinued at any time in our sole discretion and without liability, refund, or credit except as required by applicable law.

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    13. Reports and Deliverables

    Results are typically delivered by email unless we state otherwise in writing. We may provide reports, certificates, summaries, graphics, or other deliverables in formats determined by us from time to time.

    Optional customer-submitted horse photographs may be included in reports or certificates if submitted in accordance with our instructions, but we do not guarantee photo inclusion, image quality, formatting, or suitability for printing.

    Report content, formatting, included sections, design, and explanatory materials may change over time.

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    14. Turnaround Time

    Any turnaround time displayed on our website, in email communications, or otherwise is an estimate only unless expressly stated otherwise in writing.

    Testing timeframes may vary due to:

    • - mail transit times,
    • - intake volume,
    • - holidays,
    • - retesting,
    • - technical or operational delays,
    • - payment issues,
    • - sample quality issues, or
    • - other circumstances within or outside our control.

    We do not guarantee that results will be delivered within any particular timeframe.

 

 

15. No Veterinary, MedicaL, or Professional Advice

The Services, website, reports, certificates, and related materials are provided for informational purposes only and do not constitute veterinary, medical, legal, breeding, training, purchasing, insurance, or other professional advice.

We do not diagnose disease, recommend treatment, practice veterinary medicine, or guarantee any health, behavioral, nutritional, breeding, or management outcome.

Any breed-related health, nutrition, conformation, temperament, or use information included in a report is general and informational only. You should consult a licensed veterinarian or other qualified professional before making decisions relating to the health, welfare, breeding, sale, training, or management of any horse.

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    16. Customer Responsibilities and Representations

    You represent, warrant, and agree that:

    1. 1. you have the legal right to submit each sample;
    2. 2. you will not submit samples unlawfully, fraudulently, or without proper authority;
    3. 3. you will follow all collection and mailing instructions;
    4. 4. you will provide accurate identifying information;
    5. 5. you will not misrepresent a horse’s identity, ownership, or sample source;
    6. 6. you understand that results are informational and interpretive; and
    7. 7. you will not rely on the Services as a substitute for official pedigree verification, registry determination, or professional advice.
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    We reserve the right to charge reasonable administrative fees to correct customer-caused errors, including but not limited to misspellings, inconsistent order information, or requested changes after submission.

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    17. Refund Policy

    Except as expressly stated in these Terms and Conditions or required by applicable law:

    • - all sales are final once conclusive results have been delivered;
    • - no refunds, exchanges, or credits will be issued for dissatisfaction with results, disagreement with interpretation, registry non- acceptance, feature changes, discontinued bonus features, or expectations not met;
    • - inconclusive-result refunds will be issued only as set forth in Section 11.
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    Unused tests may be refunded, denied, or otherwise handled in our discretion and in accordance with any applicable law or any specific written policy then in effect.

    Refunds, where approved, are issued to the original payment method whenever possible and remain subject to payment-processor, card-issuer, bank, and platform rules, restrictions, and timelines.

 

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    18. Website Availability and Technical Issues

    We do not guarantee that the website or checkout process will be available at all times, uninterrupted, secure, or error-free.

    From time to time, technical, server, software, payment gateway, or other system issues may prevent website access, order submission, payment processing, or order completion. Orders are only deemed accepted once payment has been successfully processed and an order confirmation has been issued.

    We shall not be liable for inability to place an order, access the website, or complete checkout due to technical or system issues.

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    19. Intellectual Property

    All content on the website and in the Services, including without limitation text, reports, formatting, graphics, logos, images, certificates, software, layout, branding, and proprietary methods, is owned by us or our licensors and is protected by applicable intellectual property laws.

    Except as expressly permitted by us, you may not reproduce, distribute, modify, republish, create derivative works from, scrape, frame, reverse engineer, or exploit any part of the website or Services for commercial purposes.

    You may use your own purchased report and certificate for personal, non-commercial purposes, including printing and sharing your own horse’s results, subject to these Terms and Conditions.

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    20. User Content and Submitted Materials

    If you submit photos, messages, feedback, reviews, or other materials to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify for formatting, and store such materials for purposes of operating the Services, fulfilling your order, customer support, marketing only where permitted by law, and internal business purposes.

    You represent and warrant that you have all rights necessary to submit such materials and that their use by us as authorized herein will not violate any law or third-party rights.

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    21. Privacy

    Your submission of information and samples through the website or Services is also governed by our Privacy Policy, if any, as updated from time to time. To the extent permitted by law, by using the Services you consent to our collection, use, storage, processing, and disclosure of personal information and sample-related information as reasonably necessary to provide the Services and operate our business.

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    22. Disclaimer of Warranties

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

    WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

    WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

    1. 1. THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
    2. 2. ANY RESULT WILL BE ACCURATE, COMPLETE, CONCLUSIVE, OR ACCEPTED BY ANY THIRD PARTY;
    3. 3. ANY SERVICE WILL ACHIEVE OR PRODUCE ANY PARTICULAR OUTCOME;
    4. 4. ANY DEFECT OR ERROR WILL BE CORRECTED; OR
    5. 5. THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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    SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

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    23. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DNA MY HORSE, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, PAYMENT PROCESSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR EXPECTED SAVINGS, ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, ANY RESULT, ANY DELAY, ANY SAMPLE ISSUE, OR THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, ANY SAMPLE, ANY RESULT, OR THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC TEST OR SERVICE GIVING RISE TO THE CLAIM.

    NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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    24. Indemnification

    You agree to indemnify, defend, and hold harmless DNA My Horse and its affiliates, licensors, suppliers, contractors, service providers, and their respective officers, directors, employees, and agents from and against any and all third-party claims, demands, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

    1. 1. your breach of these Terms and Conditions;
    2. 2. your unlawful, unauthorized, or fraudulent submission of any sample;
    3. 3. your violation of any law or third-party right;
    4. 4. any false, inaccurate, or misleading information you provide;
    5. 5. any material you submit to us; or
    6. 6. your misuse of the website or Services.
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    We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us.

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    25. Time Limit for Claims

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, OR THESE TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM, OR SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.

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    26. Dispute Resolution; Binding Arbitration; Class Action Waiver

    Please read this section carefully. It affects your legal rights.

    26.1 Governing Law

    These Terms and Conditions and any dispute arising out of or relating to them, the website, or the Services shall be governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    26.2 Agreement to Arbitrate

    To the maximum extent permitted by law, you and DNA My Horse agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the website, the Services, any order, any sample, any result, or the relationship between the parties (collectively, “Disputes”) shall be resolved by final and binding arbitration on an individual basis, except for claims that qualify for small claims court and proceed only on an individual basis.

    26.3 Notice of Dispute

    Before initiating arbitration, the party seeking relief must provide written notice of the Dispute and allow the other party sixty (60) days to attempt informal resolution.

    Notice to us must be mailed to:

    DNA My Horse
    Attn: Legal Department
    203 Main Street, Suite B #132
    Flemington, NJ 08822

    We may provide notice to you using the contact information associated with your order or account.

    26.4 Arbitration Rules and Venue

    Any arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules in effect at the time arbitration is initiated, except as modified by these Terms and Conditions.

    Unless otherwise required by applicable law or agreed by the parties, the arbitration shall take place in New Jersey. The arbitration shall be conducted in English before a single arbitrator.

    26.5 Individual Basis Only; No Class Actions

    YOU AND DNA MY HORSE AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

    THE ARBITRATOR SHALL HAVE NO AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLAIM OR TO AWARD RELIEF TO ANY PERSON OR ENTITY OTHER THAN THE INDIVIDUAL PARTIES TO THE ARBITRATION.

    26.6 Arbitrator Authority

    The arbitrator may award relief available under applicable law on an individual basis, except that the arbitrator shall have no authority to award relief prohibited by these Terms and Conditions or to award relief on a class or representative basis.

    26.7 Confidentiality

    To the extent permitted by law, the arbitration and any award shall be kept confidential by the parties, except as necessary to enforce or challenge the award or as otherwise required by law.

    26.8 Survival

    This arbitration provision survives termination of these Terms and Conditions and your relationship with us.

    27. Electronic Communications

    You consent to receive communications from us electronically, including by email. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

    28. Changes to Terms and Conditions

    We may revise these Terms and Conditions from time to time. The updated version will be effective when posted on the website unless otherwise stated. Your continued use of the website or Services after updated Terms and Conditions are posted constitutes your acceptance of the revised Terms and Conditions.

    29. Severability

    If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

    30. No Waiver

    Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other provision.

    31. Entire Agreement

    These Terms and Conditions, together with any applicable order confirmation, submission instructions, and any policies expressly incorporated by reference, constitute the entire agreement between you and DNA My Horse regarding the website and Services and supersede all prior or contemporaneous understandings, communications, and proposals regarding the same subject matter.

    32. Contact Information

    If you have questions about these Terms and Conditions, you may contact us through the contact information provided on our website.

     

Contact Us:

DNA My Horse

203 Main Street #132, Flemington, NJ 08822