Targeted DNA, LLC (Including its subsidiary “Targeted Skin” operating via www.targetedskin.com, the “Website”) is a skin care and wellness platform provided by Targeted DNA, LLC and offered through this Website. Our program utilizes genetic test results to deliver skin care recommendations and products that are tailored to Your personal skin health needs. These Terms and Conditions apply to any use (i.e., through the Website) of the Program. By clicking Your acceptance to these Terms and Conditions, You have given Your informed consent to have Your biological sample tested for genetic markers.
Targeted DNA, LLC provides and makes available this Website (the “Website”) pursuant to this Terms of Service Agreement (the “Terms”). Your use of the Website indicates Your acceptance of all terms. By accessing, browsing, or otherwise using the Website, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree to and accept these Terms, You shall not access, browse or use the Website. We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure You are aware of any updates or changes.
Your use of our program is voluntary, and You may cancel the service at any time. If for any reason You believe that Your use is not voluntary, please terminate all use of the service. Participation in our services is entirely Your choice and You may stop at any time.
When You register a DNA kit we will collect some information from You. The information collected will include general contact information, age, gender, and other personal information. We may incorporate different or additional technologies to collect or test data in the future. We may, at our sole discretion, choose to have Your samples reprocessed by our laboratory or other partner laboratory using any such different or additional technologies. Your purchase of our DNA tests does not automatically include any such different or additional technologies. You may need to submit a new DNA sample for processing on such different or additional technologies.
You are paying for the Program services with Your personal funds and no third-party payers will pay for or reimburse You for these costs.
The contents of our Website are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. OUR WEBSITE DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT FOR A MEDICAL REASON. You should not ignore professional medical advice or delay in seeking it because of any information provided to You in Your report.
You will be required to create a user account with Targeted DNA (“Your Account”) in order to obtain Your genetic information. You represent and warrant that the information You provide is accurate and complete and that You will promptly update Your Account if any of the information changes. We reserve the right to terminate Your use of our Website if any information provided by You is inaccurate or incomplete. You will be prompted to create a username and password for Your Account. You are solely responsible for keeping Your password confidential and for all uses of our Website and the services with Your Account. You must immediately notify Targeted DNA of any unauthorized use of Your Account. We may refuse to grant You a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, in our sole discretion. This Website is for use by users who are eighteen (18) years of age or older. Users under the age of eighteen (18) are not permitted to use the Website. By using the Website, You also represent and warrant that You are eighteen (18) years of age or older and that You will not use our Website for any purpose that is unlawful, unethical, or in violation of these Terms.
You must provide a valid credit card number when You order any Targeted DNA products. You represent and warrant that You are authorized to use such credit card, and You agree to pay all charges incurred using Your Account. You agree that we may pass Your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging You for the Services ordered by You. All charges are exclusive of sales and other taxes and You are responsible for payment of any applicable taxes. We reserve the right to accept or reject orders for any reason.
In regards to our Website, You agree not to:
• Take any action that imposes an unreasonable load on the Website's infrastructure;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or making up the Website;
• Delete or alter any material posted on the Website by Targeted DNA or any other person or entity;
You are prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage unlawful conduct. Targeted DNA may from time to time monitor or review material transmitted or posted using this Website and reserves the right to delete any material we deem inappropriate. Targeted DNA is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Website.
Targeted DNA currently provides services in English only.
The Website is owned and operated by Targeted DNA and the Content and any intellectual property and other rights relating thereto are and will remain with Targeted DNA, its licensors and suppliers, as applicable. The Content and the Services are protected by U.S. and international copyright, trademark, and other laws. You may distribute copies of Targeted DNA Program reports to Your physician, esthetician, and anyone else of Your choosing. You may not use any Content obtained from our Website in any other manner or for any other purpose without the prior written permission of Targeted DNA. Our licensors and suppliers may impose additional restrictions on the Content they provide to Targeted DNA; in the event of any conflict between such third-party restrictions and these Terms, such third-party restrictions shall govern. All rights not expressly granted herein are expressly reserved to Targeted DNA, its licensors and suppliers. By using our Website or any Services, You agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Website or any Services, or “frame” or “mirror” any part of our Website without prior written consent from Targeted DNA.
All trademarks, service marks, and logos used on our Website, whether registered or unregistered, are owned by Targeted DNA, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos, or designs used on our Website without prior written consent from the rightful owner(s).
While we strive to keep the Content accurate, complete, and up-to-date, Targeted DNA cannot and does not guarantee the accuracy, completeness, or timeliness of Your Targeted DNA report or any other Content. It is possible that the Content may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER TARGETED DNA NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Targeted DNA may at any time modify, discontinue, or suspend its operation of, or restrict access to, our Website or the Services, or any part thereof, temporarily or permanently, without notice to You. The Website may contain information about, links to or advertisements for Websites operated by other parties (the “Third Party Websites”). In addition, emails sent to users of this Website may contain information about, links to, or advertisements for, Third Party Websites. The information provided about, links to, and advertisements concerning Third Party Websites are provided for Your convenience only. We do not control such Third Party Websites and we are not responsible for the content and performance of these Third Party Websites or for any transactions You may choose to conduct with the operators of any Third Party Websites. Targeted DNA is not responsible for the content of linked Third Party Websites, sites framed within the Website, or third-party advertisements on the Website or in emails sent from this Website, and Targeted DNA does not make any representations regarding their content or accuracy. Your use of Third Party Websites is at Your own risk and subject to the terms and conditions of use of such sites. You acknowledge that Targeted DNA, LLC shall have no liability for any damage or loss arising from Your access to, use of or reliance on any third party site, software, data, or other information.
Unless otherwise specified, this Website and material provided on this Website are solely for promoting products, programs, and business operations within the United States. Software and other materials from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to a) any country to which the United States has embargoed goods or services, b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Targeted DNA prohibits Your downloading or exporting of software or other material from this Website in violation of U.S. Export Laws and the laws of Your resident country. By downloading software or other material from this Website, You represent and warrant that You are able to do so in full compliance with the laws of the United States and Your resident country.
OUR SITE, YOUR TARGETED DNA REPORT, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR OWN RISK. TARGETED DNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TARGETED DNA DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TARGETED DNA MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties: (i) shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); (ii) shall terminate automatically at the end of such period; and (iii) shall be disclaimed and excluded to the fullest extent permitted by law.
TARGETED DNA ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, YOUR TARGETED DNA REPORT, OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL TARGETED DNA, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, (1) ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE OUR SITE, THE SERVICES, YOUR REPORT, OR OTHER CONTENT; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TARGETED DNA DATA, YOUR TARGETED DNA REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND TARGETED DNA OR OUR WEBSITE; OR (3) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT TARGETED DNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to You.
You agree to indemnify, defend, and hold harmless Targeted DNA, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors, and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise from Your use of our Website, Your Targeted DNA report or other Content, from Your breach of these Terms, or from any data or communications You submit, post or transmit to or through our Website. You agree to cooperate as reasonably required in the defense of any such claim. Targeted DNA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, You agree not to settle any such matter without the prior written consent of Targeted DNA.
Any controversy or claim between the parties or arising out of these Terms or any use of the Website or the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitration shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA's Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in North Carolina. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction.
BY ENTERING INTO THESE TERMS, YOU AND TARGETED DNA ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
This agreement and the resolution of any dispute related to these Terms, our Website, the Services, Your Targeted DNA report, or any other Content shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of North Carolina shall have exclusive jurisdiction over all claims.
User Agreement: By using the Website or Services, You agree to these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein.
Modification of Terms: Targeted DNA may change these Terms & Conditions at any time and without prior notice. All such changes to the Terms & Conditions will be posted on the Website, and by using the Website after the posting of any changes You agree to accept any changes. If Targeted DNA determines in its sole discretion that You have in any way breached these Terms & Conditions, Targeted DNA reserves the right to block Your access, delete Your account (if any), and/or otherwise block any and all current or future use of the Website or the other Services by You.
As a condition of using our app and participating in our Services, You will be required to provide Targeted DNA with Your email address and mobile phone number as part of registration. As part of the Services, You will receive from us email and other communications (e.g., SMS messages, voice calls and push notifications) relating to Your use of our Website. By disclosing this contact information or otherwise participating in the Services or sending electronic communications through the Site, You acknowledge and agree that we may send You communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to Your use of or participation in our Services. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to You in connection with Your application, registration or enrollment in the Services, (ii) all communications and disclosures relating to Your use of or participation in the Services and (iii) all communications and disclosures relating to the Services that we are required by law or these Terms & Conditions to provide to You. Any electronic communications that we send You will be deemed to have been provided on the date that we deliver the electronic communication to You.