Terms of Service
Terms of Service
Last updated: January 26, 2019
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.Whatsyourmuttdna.com website (the "Service") operated by What's Your Mutt, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. If you do not agree to these terms, then do no use our services, our site, or our app.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
a. DNA Typing. If you purchase our Genetic Services,’ you will be mailed a kit for collecting a sample of your pet’s saliva. We will analyze the DNA in that sample to provide you with your pet’s Genetic Information, which information will be made available to you through our Site and/or Apps. The science of the genetic research and technology that we use will change and likely improve over time. If the technology improves, you may need to obtain further Services from us in order to obtain a more complete understanding of your pet’s Genetic Information. We do not return any genetic samples.
b. Site and Apps. Our Site and/or Apps allow the creation of an account, the recording of your pet’s Personal Information, and the ability to review and analyze information relating to your pet’s Genetic Information. We do not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, veterinarians, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Site or Apps. Such information is provided for informational purposes only, and for discussion with your veterinarian. You may also be provided the opportunity to provide records from your pet’s veterinarian and/or other pet service providers you use. Providing that information is optional and may or may not be used to enhance your experience, provide you additional services, and/or conduct research.
c. Research. Unless you elect not to participate by deselecting the appropriate option when establishing your account, we will use your pet’s Genetic Information and/or Reported Information to conduct research to expand the understanding and practical application of genetic knowledge in veterinary care and pet wellness generally.
d. Acknowledgement to Receive Email and Push Notifications. By providing your applicable contact information to What’s Your Mutt (or other entities collecting the information on behalf of What’s Your Mutt), you agree to receive emails, text messages, and push notifications (if you use our Apps) from us regarding our Services. We may from time to time send you push notifications, text or email messages with information about your use of our Services. You may opt-out from receiving our newsletter by emailing [email protected] or selecting to unsubscribe as may be provided in the applicable email or text correspondence.
Our Services are for research, informational, and educational use only. Any information you obtain from our Services is not designed to diagnose, prevent, or treat any condition, diseases or state of health. We encourage you to speak with a veterinarian regarding the meaning of your pet’s Genetic Information or any questions that arise from your use of our Services.
When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. We may suspend, discontinue, and or alter our Services at any time and for any reason, without notice. The information found on the Service may contain errors or inaccuracies and may not be complete or current. The services are not diagnostic and may not be accurate. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update our service, any information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us and/or use our services, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Your data is anonymized, and not associated with your username or email address.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of What's Your Mutt, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of What's Your Mutt, LLC.
Copyright Infringement Claims Notice and Procedure
We respect the copyright of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Agent for Notice of claims of copyright infringement can be reached as follows:
Mr. Christopher M. Craig
What’s Your Mutt, LLC
149 S. Lexington Avenue
Asheville, NC 28801
By fax: +1-855-876-1580
By email: [email protected]
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by What's Your Mutt, LLC
What's Your Mutt, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that What's Your Mutt, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
User Representations and Warranties
By using the Service, you hereby agree, represent and warrant as follows:
a. You are the owner or co-owner of the tested pet, or you have explicit, written permission from an owner of the pet to test them with the Service and control the pet’s information on the Service platform. If you are not the pet’s owner, you agree to keep on file written permission from the pet’s owner, and to provide that documentation to the Service within Seven (7) days at the Service’s request, without condition. the Service may remove your access to a pet’s data if we suspect you are not the owner and do not have permission from the owner, and will reinstate it within a reasonable period of time after receiving the requested documentation if, at the Service’s sole discretion, the Service determines that you did have permission from the pet’s owner.
b. Any information that you obtain from our Services is not designed to diagnose, prevent, or treat any condition, disease or state of health.
c. If you use the Genetic Services, you give us and our contractors, successors and assignees permission to perform those services on your pet’s saliva sample and you specifically request us to disclose the results of those services to you and to others you specifically authorize.
d. Any saliva sample you provide is not from a human.
e. If you are a customer outside the U.S. providing a saliva sample, you confirm that this act is legally permitted in the country in which you reside, including that providing your sample is not subject to any export ban or restriction in the country in which you reside.
f. You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
g. You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access our Services online.
h. You are aware that some of the information you receive may not be welcome or positive and may provoke a strong emotion.
i. You take responsibility for all consequences arising from the sharing with others access to your pet’s Genetic Information and Reported Information, including on our Site.
k. You understand that, by providing any saliva or other DNA sample, having your pet’s Genetic Information processed, accessing your pet’s Genetic Information, or providing your pet’s Reported Information, you acquire no rights to any research nor to any commercial products that we may or our collaborators may develop. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your pet’s Genetic Information or Reported Information.
10. Our Research Program.
If you are enrolled in our research program, we may use some or all of your pet’s Reported and Genetic Information to conduct research and publish the results of that research in scientific journals. You can provide us with Reported Information about your pet through forms, surveys and questions on our Site and Apps. You may choose which information to provide.
We will not use any identifiable information about you or any other humans in our research or in any publication. Nor will we identify your pet’s name or other identifying information in any publication. In conducting and publishing our research, we may collaborate with third parties, including non-profit and commercial organizations. We will not provide your pet’s name or any information about you to any of our third-party research partners.
At any time, you may withdraw your consent to participate in our research program by changing the settings on your ‘Account Settings’ page or by closing your account. If you experience problems changing your settings or closing your account, please contact [email protected]. Any withdrawal of consent will take effect after ______ (___0) days. We will not reverse, undo or withdraw any research or publication that was performed using your pet’s information before that date.
You understand that all information, data, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Service, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Service does not control all Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Service be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law,
k. "stalk" or otherwise harass another; and/or
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that the Service may or may not pre-screen Content, but that the Service and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service and which violates the Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that the Service may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
1. comply with legal process;
2. enforce the Terms of Service;
3. respond to claims that any Content violates the rights of third parties;
4. respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Service its users and the public.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless What's Your Mutt, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall What's Your Mutt, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
What's Your Mutt, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time in our sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms from and after the date of such revision.
If you wish to use the Site on behalf of a company, entity or organization (each, a ‘Subscribing Entity’), then you represent and warrant that you: (a) have the authority to bind such Subscribing Entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Entire Agreement. The Terms constitute the entire agreement between you and the Service and governs your use of the Service, superseding any prior agreements between you and the Service with respect to the Service. Choice of Law and Forum. The Terms and the relationship between you and the Service shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and the Service agree to submit to the personal and exclusive jurisdiction of the courts of Buncombe County, North Carolina. Waiver and Severability of Terms. The failure of the Service to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
If you have any questions about these Terms, please contact us.