Terms and Conditions
The following Terms and Conditions apply to testing services provided by Choice DNA Laboratory LLC. See also Site Usage Policies below.
“CDL” means “Choice DNA Laboratory, LLC. “
“Services” means the provision of laboratory analysis of biological samples or facial recognition photos the Client provides to CDL.
“Client” means the person(s) or legal entity that purchases Services from CDL and/or any test participant who submits biological samples to CDL for Services or the legal guardian of a test participant who may be a minor or a legally incompetent adult.
2.1 By submitting samples or payment to CDL, the Client agrees to the Terms and Conditions for Services.
2.2 The Services provided by CDL are solely for the use of the Client. CDL makes no representation, expressed or implied that the result of the Services is useful for any purpose other than the Service purchased by the Client.
2.3 CDL does not guarantee that the samples provided by the participant shall be suitable for Services, or that Services shall provide a conclusive result. Biological samples submitted to CDL will not be returned.
2.4 CDL reserves the right to use any third party of its choice, if necessary, to perform any portion of the Services purchased by Client.
2.5 CDL reserves the right to perform Services using methods and processes that CDL deems appropriate.
2.6 For samples collected in New York State, an Authorizing Agent (doctor or lawyer licensed in New York State) must authorize the Services. The Authorizing Agent will also receive test results.
2.7 Calculations from Facial Recognition Reports are derived from human perception and manual visual review not by computer coordinates.
2.8 Results from “Electronic DNA Facial Point Connectivity” are not admissible in a court of law. Court admissible test should have a “chain of custody”. The chain of custody refers to the various chain of “hands” that an actual blood draw or mouth swab sample passes through. The photos submitted for your report will be manually reviewed prior to the release of the report. Your report should not take the place of a physician’s order or the results from a blood test. Reports are based on Electronic DNA Facial Point Connectivity. Manual algorithms, a manual visual review process conducted by a technician and not an actual DNA specimen collection.
2.9 Results are available the same day of your submission. *In order to have same day results please submit your questionnaire and photo prior to 4:00 pm Central time. Information submitted after that time will be calculated and released the following day (even on weekends) Prior to 9:00 pm Central time. Holidays and technical difficulties may affect result times.
2.10 For samples collected via Chain-of-Custody (including New York State), CDL rigorously follows nationally and internationally recognized standards for court-admissible test results. While CDL test results are routinely accepted by courts worldwide, each court (or judge) ultimately determines admissibility.
2.11 Guidance for interpreting the results can be obtained by contacting CDL.
3.1 Payment in full or an agreed upon deposit is required before Services can begin. Payments can be made with a valid credit/debit card or prepaid card. Personal checks are not accepted. Personal checks received by CDL will be immediately destroyed and Services will be on hold until payment in full has been made.
4.1 Copies of Client results are sent via email and U.S. mail upon request. The Client agrees that CDL, its affiliates, its contractors, its distributors, and its suppliers will not be liable for access to order information, results, or any reaction a person may have upon receiving results.
4.2 Order information and results of Services are accessible by the Client. Order information and results of Services are also accessible by a test participant’s legal guardian when the participant is a minor or a legally incompetent adult, even if the legal guardian is not a participant in the test.
4.3 CDL may use email and/or text messaging to convey order status as requested. Standard email or text messaging is not securely encrypted, so CDL uses the minimum necessary amount of personal information when communicating via email/text message.
4.4 Notwithstanding anything in section 4, all data, forms, customer information, or other information submitted to CDL by the Client will be stored by CDL in hardcopy and/or electronic form, with case access provided to the Client, to CDL, and to government agencies as required by applicable laboratory accreditation guidelines, or as may be required by law.
5. Warranties and Indemnity
5.1 The Client warrants that he/she is legally entitled to perform any particular act either directly or indirectly in order to obtain, possess, and provide the biological samples or for photo for Facial Recognition necessary for CDL to perform the Services purchased by the Client.
5.2 The Client shall indemnify CDL, its affiliates, its contractors, its distributors, and its suppliers against all costs, claims, demands, expenses and liabilities of whatsoever nature that may arise from Services provided to the Client.
6. Disclaimers and Liabilities.
6.1 CDL does not warrant to Client: (a) that the Services provided by CDL shall meet the expectations of the Client; or (b) that Services shall be free from minor defects or errors (such as typos or printing errors) that do not materially affect the Guaranteed Accuracy of test results.
6.2 Further, in no event shall either CDL, its affiliates, its contractors, its distributors, and its suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever that may arise from Services provided to the Client.
6.3 Client agrees that any and all liability of CDL, its affiliates, its contractors, its distributors, and its suppliers shall be limited to either re-performing the Services at no cost to the Client, or refunding the amount received by CDL for such Services.
7. Third Parties.
A person who is not the Client of CDL has no right to enforce any of these Terms and Conditions.
8. Governing Law.
The construction, validity, and performance of these Terms and Conditions shall be governed in all respects by the State of Indiana, USA Law and be subject to the exclusive jurisdiction of the State of Indiana, USA Courts.
9. Refund Policy.
A refund may be considered if a written request for refund is submitted to CDL before Services have been initiated; no refund shall be considered if Services have been completed. Refunds may be considered at the discretion of Choice DNA Laboratory and may be subject to administrative and handling fees. Partial payments and deposits are non-refundable. No refunds shall be issued if Services have been completed or if your DNA kit or supplies have been shipped. Facial Recognition Services are non-refundable. All DNA testing services have an estimated completion time listed online and can scientifically never be precise. Results are often finished earlier than expected but can exceed estimated expectations. Once testing is initiated no refunds will be issued.
10. Guaranteed Accuracy.
10.1 CDL guarantees accuracy when samples are properly collected and submitted to the laboratory for Services.
10.2 Facial Recognition Services are analyzed manually by visual inspection of a human and for that reason do not guarantee accuracy. The results are issued based on the visual findings of the technician. Some things that may influence the accuracy are the following, but not limited to: Accuracy can be affected if alleged fathers are related, if cosmetic surgery has been received by either party, if another technician visually analysis the pictures or if a different picture is uploaded for either person after initial report is issued. Facial recognition is intended to offer a recommendation of rather DNA Testing would be necessary and not intended to offer viable scientific results for paternity. The amount of DNA that comes from the mother is also important. It may affect the comparison between the alleged father’s and the child’s picture. If you’d like the mother’s picture reviewed please email her photo to email@example.com. This must be submitted prior to the technician starting your facial review. It’s absolutely impossible to look at someone’s picture and know without a doubt if they are the father of a child, however with updated technology and updated systems you can get really close and offer a realistic suggestion as to whether or not two people may be related. Facial reports are based on the current ages of the participants and may vary based on the ages of the individuals at the time of the photo.
10.3 The Client must inform CDL if: (a) possible fathers are related; (b) any participant has received a blood transfusion or an allogeneic hematopoietic stem cell (HSCT) transplant (such as a bone marrow transplant). CDL can only offer reliability if such conditions are brought to its attention prior to providing Services.
10.4 CDL shall not be held responsible for improper or fraudulent submission of self-collected samples. Intentionally trying to defraud the face matching system or trick the face matching system including multiple submissions will not be refunded. Intentionally trying to defraud the mouth swab or home DNA testing system will not be refunded. The user authorizes Choice DNA laboratory, Face It DNA technology, or its agents, to collect information uploaded to this website, including pictures, to perform facial testing or that of the minor or in capacitated individual(s) shown in the photos upload and submitted. If the test involves a person who is a minor or who is otherwise legally incapable of considering, I attest that I have the legal authority to consent to testing and assume all legal responsibilities. I acknowledge and agree that the Laboratories liability to me arising out of or in any way related to the provision of testing services contemplated herein shall not exceed the cost of the test, and I agree to indemnify, defend, and hold Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors, affiliates and any person or entity reviewing uploaded photos harmless from all further claims or damages. CDL reserves the right to refuse to test any DNA samples received and any pictures received.
10.5 To contest accuracy, the Client must provide a paternity test report from an AABB accredited laboratory supporting the claim within thirty (30) days from the CDL face scan report date. CDL may, at its discretion, re-perform Services at no cost to the Client to confirm results, or provide a refund for Services, as described in Section 6.3.
You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., your father is not genetically your father or surprising facts related to your ancestry, related and unrelated people). These outcomes could have social, legal, or economic implications.
11. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors or affiliates that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your sample collection kit was shipped from Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors or affiliates. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors and affiliates, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as DNA family members offered pursuant to the Services), or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors and affiliates or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit 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; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Choice DNA Laboratory; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Choice DNA Laboratory; (15) attempt to or actually override any security component of Choice DNA Laboratory; (16) 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; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors and affiliates; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors and affiliates has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors and affiliates may suffer) of any such breach. In case of breach of any one of these agreements Choice DNA Laboratory has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Choice DNA Laboratory, Face It DNA technology, its officers, agents, employees, representatives, vendors and affiliates and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Choice DNA Laboratory has a reasonable ground to suspect that you have violated the terms of this Section, Choice DNA Laboratory has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Site Usage Policies
For ChoiceDNA.com (and CDL Social Media Sites)
“CDL”, ( “us”, “we”, or “our”) operates the https://ChoiceDNA.com website (the “Site”). “Client” means the person(s) or legal entity that purchases or uses Services from CDL and/or any test participant who submits biological samples, data or personal information to CDL or for Services or the legal guardian of a test participant who may be a minor or a legally incompetent adult.
2. Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, your name, phone number and postal address (“Personal Information”). The user authorizes Choice DNA laboratory, Face It DNA technology, or its agents, to collect information uploaded to this website, including pictures, to perform facial testing or that of the minor or in capacitated individual(s) shown in the photos upload and submitted.
3. Log Data
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
4. Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform Service-related services. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
7. Contact Us