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Darwin's Ark Foundation Terms of Service

1. Terms

By accessing the website at https://darwinsark.org and any webpages thereof (hereinafter “Darwin’s Ark”), you are agreeing to be bound by these Terms of Service, and agree that you are responsible for compliance with and violations of any applicable federal, state, and local laws (“Laws”) in connection with access or use of Darwin’s Ark, including services and results provided by the Darwin’s Ark Foundation and its agents. If you do not agree with any of these Terms of Service, violate any of these Terms of Service, or violate any applicable Laws, you are prohibited from using or accessing Darwin’s Ark. The content contained in Darwin’s Ark is the property of the Darwin’s Ark Foundation, our affiliates, and/or our licensors, and is protected by applicable copyright and trademark law. Data submitted to Darwin’s Ark is protected by our Privacy Policy.

2. Content

Each user of Darwin’s Ark is granted a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use Darwin’s Ark solely for personal, non-commercial use. Your license to access and use Darwin’s Ark is revoked upon violation of any of the Terms of Service, or any applicable Laws. The content on Darwin's Ark may include technical, typographical, or photographic errors. This content is provided without warranty that the content is accurate, complete or current. Darwin's Ark Foundation reserves the right to modify, expand, or remove content of Darwin’s Ark at any time without notice. Darwin's Ark Foundation has no duty to update Darwin’s Ark content. By accessing or using Darwin’s Ark, you agree to hold harmless the Darwin’s Ark Foundation, including its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, ‘Claims’), including without limitation attorneys’ fees, resulting directly or indirectly from (i) your use of Darwin’s Ark or its services, (ii) any use or disclosure of any information that is obtained from our services and disclosed to you consistent with the Privacy Policy, (iii) any disclosure by you, whether intentionally or unintentionally, of you or your pet’s information to any third party, (iv) your provision of any information or genetic material, and/or (v) any user’s or other third party’s use of any information, personal, financial, or otherwise, submitted in connection with your use or access of Darwin’s Ark. At our option, you agree to defend and indemnify the Darwin’s Ark Foundation, including its directors, employees, and agents, from any Claims.

3. Links

You agree that Darwin's Ark Foundation is not responsible or liable for any third-party content linked or referenced in Darwin’s Ark. You understand and agree that the Darwin’s Ark Foundation does not endorse any third-party content referenced or linked in Darwin’s Ark. You further agree to assume any and all risk associated with accessing any third-party content linked or referenced in Darwin’s Ark, and acknowledge that the Darwin’s Ark Foundation assumes no liability for your access of such third-party content.

4. Modifications

Darwin's Ark Foundation may revise these Terms of Service at any time without notice. By using or accessing this website, you are agreeing to be bound by the Terms of Service current at the time of such use or access.

5. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Washington State. You agree that any dispute or claim involving liability equal to or exceeding five thousand dollars ($5,000) shall be resolved according to binding arbitration under Washington State Law. You further agree that any arbitration proceedings shall be conducted by a single arbitrator selected by the Darwin’s Ark Foundation. The user and Darwin’s Ark Foundation agree that such arbitration proceedings shall be conducted according to the Consumer Arbitration Rules of the American Arbitration Association, unless otherwise specified under the Terms of Service, or where such rules conflict with Federal law or Washington state law. You further agree that any dispute or claim involving liability less than five thousand dollars ($5000) shall be resolved in small claims court in King County, Washington State.

6. Genetic Sequencing

Darwin’s Ark performs genetic sequencing for research purposes only. Submission of a DNA sample does not guarantee that that sample will be processed. For processed samples, Darwin’s Ark and Darwin’s Ark Foundation do not guarantee success in processing. Results of successfully processed samples will be made available to the submitter. You understand that each animal is an individual, and their traits are the result of the interaction of genetics and environment. Darwin’s Ark Foundation does not guarantee that the results of a genetic test will predict a trait in an animal, or in any way guarantee the mental or physical health or well-being of the animal. You agree that, the results of this sequencing will not be used for medical or behavioral purposes, or as a substitute for veterinary care or diagnosis. You understand that an animal’s ancestry and genetic sequencing results may not predict its medical or behavioral characteristics, and that such results do not necessarily specify or characterize breed or traits for the purpose of determining whether a particular animal falls under an area’s breed laws or regulations. You agree that Darwin’s Ark is not responsible for providing you with any notification about breed ancestry for an area’s breed laws or regulations. You further agree that Darwin’s Ark is not responsible for injuries occurring as a result of obtaining the swab sample. You understand that errors may occur in the genetic sequencing process, including provisioning of sampling equipment and the obtaining and shipping of genetic materials. You additionally agree that the Darwin’s Ark Foundation is not liable or otherwise responsible for any such errors. You agree that Darwin’s Ark and the Darwin’s Ark Foundation may use genetic materials you provide for research purposes without limitation.

7. Expedited Sequencing

Darwin’s Ark provides the opportunity for pet owners to expedite the sequencing of an animal’s genetics for a fee. Expedited sampling is intended for use in Darwin’s Ark research and not for medical or behavioral purposes. Darwin’s Ark and its agents will exercise due diligence to sequence genetic samples received through this for-fee program. If DNA extraction and/or processing fails, Darwin’s Ark will provide a second kit without fee. If genetic extraction and/or processing from the second kit fails, Darwin’s Ark will provide a refund less the costs of shipping and handling. If a genetic sample from the same animal is sent subsequent to failure of extraction and/or processing from the second kit without prior approval from the researchers, it will not be processed and any fee associated with such subsequent genetic sampling will not be returned. Damages or liability, including shipping and handling costs, for any errors related to the sequence analysis, including ancestry testing, of for-fee samples is limited to the payment received.

This Terms of Service was last updated on June 18, 2018.

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