Terms and Conditions
The following Terms and Conditions apply to testing services provided by Choice DNA Laboratory LLC. See also Site Usage Policies below.
1.1 “CDL” means “Choice DNA Laboratory, LLC. ”
1.2 “Client” means the person(s) or legal entity that purchases Services from CDL, any test participant who submits biological samples to CDL for Services, and/or the legal guardian of a test participant who may be a minor or a legally incompetent adult.
1.3 “Services” means DNA Testing Services and Facial Recognition Services provided by CDL. “Services” does not include provision of any health or wellness or medical analysis or advice. CDL does not provide testing for health or disease-related purposes.
1.4 “Facial Recognition Services” means the provision of analysis of photographs using Electronic DNA Facial Point Connectivity to determine genetic commonality between or among the subjects of the photographs. “DNA Face Matching” and “DNA Facial Recognition” refer to Facial Recognition Services. Facial Recognition Services are provided by or through Face It DNA Technology LLC as a CDL contractor.
1.5 “DNA Testing Services” means the provision of laboratory analysis of biological samples to determine genetic commonality between or among the sources of the biological samples.
2.1 The Client agrees to the Terms and Conditions by: (1) using Services, (2) clicking to accept or agree to the Terms and Conditions, or (3) submitting biological samples or photographs to CDL. The Client may not use any Services if the Client does not agree to and accept the Terms and Conditions.
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 biological samples or photographs provided by the participant shall be suitable for Services, or that Services shall provide a conclusive result. Biological samples or photographs submitted to CDL will not be returned.
2.4 CDL may use any third party of its choice to perform any portion of the Services.
2.5 CDL reserves the right to perform Services using methods and processes that CDL deems appropriate.
2.6 For biological samples collected in New York State for DNA Testing Services, an Authorizing Agent (i.e., a doctor or lawyer licensed in New York State) must authorize the DNA Testing Services. The Authorizing Agent will also receive test results.
2.7 Results for Facial Recognition Services may be derived from a manual or automated review, or a combination thereof. Results are not based on testing of biological samples.
2.8 CDL does not represent that the results from its Facial Recognition Services are admissible in a court of law. CDL understands that such results are currently not admissible. The photographs submitted for your report will be manually reviewed prior to the release of the report. A Facial Recognition Services report should not take the place of a physician’s order or the results from a blood (or biological sample) test.
2.9 Results for Facial Recognition Services may be available the same day of your submission. In order to have same day results the Client must submit a questionnaire and photograph before 4:00 pm Central time. For information submitted later, results for Facial Recognition Services will provided the following day (even on weekends) by 9:00 pm Central time. Holidays and technical difficulties may affect result times.
2.10 For biological 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. CDL does not guarantee that the results of the Services will be admissible in a court.
2.11 Guidance for interpreting the results can be obtained by contacting CDL.
2.12 CDL reserves the right to refuse service, including to refuse to test any biological samples or photographs received.
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 results of Services are sent to the Client via email and U.S. mail upon request. The Client agrees that CDL, its affiliates, its contractors, its distributors, and its suppliers are not responsible or liable for access to order information or results, or for 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 may not be confidential, so CDL strives to use the minimum necessary amount of personal information when communicating via email/text message. The Client understands that email and/or text messaging pose risks to the confidentiality of the Client’s information. Nevertheless, the Client accepts this risk and agrees to communication by email and/or text messaging.
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. CDL may provide this information to contractors for the provision of Services.
4.5 The Client authorizes CDL, along with its agents and contractors, to collect the Client’s information uploaded to CDL’s website, including photographs, to perform Facial Recognition Services. If the Facial Recognition Services involves a person who is a minor or who is otherwise legally incompetent, the Client attests that he/she has the legal authority to consent to the Facial Recognition Services and assumes all legal responsibilities related to the provision of those services.
4.6 The Client agrees to hold harmless CDL and its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, suppliers, and any person or entity for any injury related to Services, including any injury related to the Client’s provision of information through CDL’s website.
4.7 CDL and its contractors may use information or samples provided by the Client to improve or develop existing or new services or goods, including by using the information or samples for scientific research to improve or prove technology. For example, CDL and its contractors may use the Client’s information or samples in experiments designed to test, improve, or prove the efficacy of analysis of biological samples or photographs and may publish the results of such experiments and may incorporate the results of such experiments into existing or new technology. The Client understands that by providing information to CDL, the Client does not acquire any rights in any research or developments based in any way on the Client’s information. The Client is not entitled to any compensation for the Client’s information provided to CDL, regardless of whether CDL or its contractors use that information to improve, create, prove, or market any goods or services. To the extent that the Client may acquire any right or interest in any research or development through provision of information to CDL, the Client hereby assigns all such right or interest to CDL.
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 photographs for CDL to perform the Services for the Client.
5.2 The Client agrees to indemnify CDL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, and suppliers against all costs, claims, demands, expenses and liabilities of any nature that may arise from Services provided to the Client.
6. Disclaimers and Liabilities.
CDL DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 CDL does NOT warrant to the Client: (a) that the Services provided to the Client 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 accuracy of the test results.
6.2 In no event shall CDL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or 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 The Client understands and agrees that any and all liability of CDL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or 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. In no event will CDL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers, be liable to the Client, under any theory, in an amount that exceeds the Client’s payment for Services.
6.4 The Client understands that the results of Services may provide startling, disconcerting, or otherwise troubling information. This information may evoke strong emotions and has the potential to alter the Client’s life and worldview. For example, the Client may discover things outside of the Client’s control (e.g., surprising facts related to the Client’s paternity or relations). These outcomes could have social, legal, or economic implications. These implications are entirely the Client’s responsibility and are not in any way CDL’s responsibility.
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 and Choice of Forum.
The construction, validity, and performance of these Terms and Conditions, including interpretation or application of any relevant statute of limitations, shall be governed in all respects by the law of the State of Indiana, USA without regard to any conflict of law rules. Any action concerning the construction, validity, or performance of these Terms and Conditions may be brought only in a court in the State of Indiana, USA. The Client consents to personal jurisdiction and venue in any such courts and agree that venue is convenient in such courts.
9. Refund Policy.
CDL may consider refunding the Client’s payment 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 CDL 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 may be later than expected. Once testing is initiated no refunds will be issued.
10. Guarantee of Accuracy.
10.1 For DNA Testing Services, CDL guarantees accuracy within standard scientific uncertainty when samples are properly collected and submitted to CDL for DNA Testing Services. To contest accuracy of the results of DNA Testing Services, the Client must provide a paternity test report from an AABB accredited laboratory supporting the claim within thirty (30) days from CDL’s provision of results to the Client. The sole remedy for inaccurate results is, at CDL’s discretion, either: (a) CDL’s reperformance of the DNA Testing Services at no cost to the Client to confirm results, or (b) a refund of the Client’s payment to CDL for the DNA Testing Services in question.
10.2 CDL DOES NOT GUARANTEE ACCURACY OF THE FACIAL RECOGNITION SERVICES. Facial Recognition Services are based on new and developing technology and may require visual inspection by a human. Some factors that may influence the accuracy include: (a) in the case of a paternity test, a relationship between the alleged fathers; (b) cosmetic surgery on the subject(s) of the photographs submitted for Facial Recognition Services; (c) the subjective analysis performed by a technician which may result in different match assessments by different technicians; and (d) submission of new photographs after the initial report is issued. 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 photograph reviewed please email it to email@example.com. This must be submitted prior to the technician starting Facial Recognition Services.) The results of Facial Recognition Services are based on the current ages of the participants and may vary based on the ages of the individuals at the time of the photograph was taken. It is impossible to examine photographs and determine beyond any doubt whether a paternal (or other) relationship exists. That said, it is typically possible to offer a realistic suggestion as to whether two people may be related. CDL’S FACIAL RECOGNITION SERVICE IS INTENDED TO OFFER A RECOMMENDATION OF WHETHER DNA TESTING WOULD BE NECESSARY AND IS NOT INTENDED TO SUPPLANT DNA TESTING.
10.3 The Client must inform CDL if: (a) the possible fathers are related or (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 is not responsible for improper or fraudulent submission of self-collected samples. Payments made in concert with efforts to defraud or trick the Facial Recognition Services will not be refunded. Payments made in concert with efforts to defraud the mouth swab or home DNA testing system will not be refunded.
11. Customer Conduct – Unlawful and Prohibited Use
11.1 The Client agrees and covenants to use the Services only for lawful purposes. The Client will not use the Services for any purpose that is unlawful or that is prohibited by these Terms and Conditions.
11.2 The Client will 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.
11.3 The Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
11.4 The Client may not use the DNA Testing Services outside of the country to which the sample collection kit was shipped.
11.5 CDL has the right to suspend or terminate the Client’s account and to refuse continued or new Services to the Client for the Client’s breach of the Terms and Conditions.
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