Terms of Service

Last Revision: 8/12/15

Overview

Prior to using the TribeCode website, ordering a TribeCode DNA Ancestry Test, or viewing your results, you are required to review and accept this Agreement defining your rights and responsibilities as a User of the website and DNA sequencing service (“User”) operated by TribeCode (“We”) and located at tribecode.com (the “Website”). Services are provided and the Website is operated in the United States of America. Access to the Website and DNA sequencing are governed by the laws of the State of California and the United States. Your DNA will be stored and processed in the United States when you register as a User and test your DNA. By registering and testing your DNA, you consent to TribeCode’s storage and processing of the DNA and any personal information submitted by you. The Website and services provided are intended only for adults; if a minor accesses the Website, the parent/guardian of that minor will be held responsible for his/her actions. In order to submit a DNA sample for a minor, you are required to represent that you are the minor’s parent or legal guardian or have permission from the minor’s parent or legal guardian. In the case that you do not agree with any part of this Agreement or if you object to the TribeCode Privacy Statement, you must not use the Website or be a User.

Service Description

TribeCode provides a DNA test and a Website for Users to view the results of their DNA test (together comprising the “Service”). TribeCode Users may communicate with each other in order to share and discuss results.

Limited Use License

The TribeCode website contains graphics, information, data, user-generated information, and editorial and other content which is accessible by the User (the “Content”). Content may only be used in accordance with this limited use license. All Content is owned, licensed to, and/or copyrighted by TribeCode. The TribeCode website is protected by copyright as a collective work and/or compilation in accordance with U.S. copyright laws, international conventions, and additional copyright laws. The Service, use of the Website, and use of the graphics, information, editorial, and other Content or other protected data is intended only for personal or professional family history research. It is prohibited to republish or resell any of the Content or other protected data. Any software provided on the Website is for use only while online. It is prohibited to download, copy, reuse, or distribute the software except when clearly stated that is available for offline use. TribeCode and its licensors retain title, ownership, as well as all other rights and interests in and to all information and Content on or available on the TribeCode website. Data miners, bots, crawlers, spiders, scraping, all other automatic access tools are not allowed. Immediate termination of your membership and possible legal action against you will occur upon violation of this limited use license.

DNA Testing

All DNA testing performed by TribeCode on samples submitted for testing is done for genealogical use only, including but not limited to population and ethnic group-related analyses, and not for individual medical or diagnostic purposes of any kind. By providing a DNA sample for testing, you acknowledge that you are eighteen (18) years of age or older, and that any sample you provide is either your DNA or the DNA of a person for whom you are either a legal guardian or have obtained legal authorization to provide their DNA to TribeCode.  The act of submitting DNA samples to TribeCode indicates that you give permission to TribeCode to perform DNA extraction, genetic tests on the DNA using methods currently available and available in the future, to reveal the results of the tests performed to you and any others that you authorize, to store the samples for any other genetic testing or archiving purposes, and to store the test results in accordance with this Agreement and the TribeCode Privacy Statement. We are unable to return any DNA sample submitted to us; any such sample will be stored by TribeCode. Ownership rights in the DNA submitted for testing do not belong to TribeCode; any genetic information from the sample belongs to the person who submitted that sample, but is subject to the rights granted to TribeCode in this Agreement. Further, you acknowledge that you gain no rights in any research or commercial products that TribeCode may develop that may relate to your DNA.

In submitting a DNA sample to TribeCode, you thereby give TribeCode a transferable license to use your DNA as well as any DNA you submit for anyone you obtained legal authorization from, as described in this Agreement. You also grant TribeCode permission to use, host, sublicense, and distribute the data analysis from your DNA to any extent deemed appropriate, and in any form or context, through any media or medium and with any existing technology or devices or any hereafter developed or discovered. Further, you release TribeCode from any and all claims, liens, demands, actions, or suits related to the DNA sample and the test or results from the test. This includes errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress, and economic loss.

Rules of Conduct

By using the TribeCode website, you agree to follow all applicable laws and to abstain from infringing third-party rights or interests. You also thereby agree to give complete and valid contact information and to always have a valid email address on file with TribeCode. By using the TribeCode website, you agree to follow all of the policies below.

You are prohibited from publishing false or misleading information, including impersonation of any person or entity, false misrepresentation of your affiliation with any person or entity, and false claim of an endorsement that you do not have. You are also prohibited from misrepresenting that you are a TribeCode employee or representative or are affiliated with TribeCode.

You are prohibited from reproduction, copying, or selling any part of TribeCode or TribeCode database contents. You must not systematically download TribeCode database’s Content or data in order to make or populate another database or for any purpose.

You are prohibited from any attempt to interfere with the TribeCode Website in any way, including blocking, obscuring, overwriting, or modifying any Content or web pages or abolishing the software, hardware, or telecommunications equipment of the TribeCode Website or another person using a software program, virus or routine.

You are prohibited from using information from the DNA tests or TribeCode website by itself or with any other database for any illegal activity including discrimination or breach of privacy.

Additional Rules of Conduct may apply. It is our sole discretion to determine whether you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement or are interfering with the successful management or delivery of the TribeCode Website, Service, or Content. If we believe that this is the case, we reserve the right to limit, suspend, or terminate your access to the TribeCode Website without any refund of your subscription payment. If your access is suspended or terminated for any other reason besides actions or omissions that we deem inconsistent with this Agreement, you will be refunded any unused portion of your payment – upon such a suspension, this will be your sole and exclusive remedy.

TribeCode Fees & Payments

TribeCode Website users may be unregistered or registered users. Services, associated costs, and payment options will be published on the TribeCode Website or when the DNA test or another service is offered. Terms and conditions for these services are incorporated into this Agreement.

It is required to be 18 years of age or older in order to order the TribeCode Service. Complete, accurate and up-to-date registration information must be supplied; failure to supply this information will be considered a breach of this Agreement.

Cancellations and Refunds

Customers may ask for a complete refund within 2 days of purchase and before the product is shipped, whichever is earlier.

Once the product is shipped, customer may return unopened kit within a week of receiving the shipment for a refund.  A $20 restocking fee will be deducted from the refund.

If the kit is opened, a customer may contact us for a refund of up to 50% of the purchase price.  In such a case, customers should not return the opened kit.

If a sample kit is received by Tribecode, no refund will be issued.

Even when all instructions are followed correctly, some saliva samples do not produce sufficient yield or quality of DNA to enable good quality sequence analysis. If your first sample fails due to insufficient quantity or poor quality DNA, a replacement kit will be issued at no additional cost.  If the second attempt fails it is unlikely that further attempts will be successful and a 50% refund will be issued to you.

Shipping and processing charges and any applicable taxes paid on the non-refundable portion will not be refunded by TribeCode. The credit card used to purchase the TribeCode Service will be credited the amount due, but please allow some time for the credit to be processed by your financial institution.

Data storage and Result access

We will provide data storage for one year.  Results will be accessible for at least one year.

Replacement Kits

You may call TribeCode at 650-318-3382 and provide the same information that you gave when ordering your TribeCode Service to request a replacement kit. Each replacement kit will cost $20 plus shipping and handling.

Prices Subject to Change

All TribeCode Service prices are subject to be changed by TribeCode at any time.

Content Provided by User

The TribeCode Website allows Users to contribute information that will be displayed on the TribeCode Website (“Content Provided by User”). TribeCode only hosts and provides access for Content Provided by User and does not accept any liability for this content. TribeCode does not preview or monitor Content Provided by User but any information deemed to be in violation of this Agreement may be monitored and deleted using automated filtering tools. TribeCode reserves the right to remove or disable access to any Content Provided by User if it is deemed that the information violates this Agreement.

Uploading information to the TribeCode Website is the decision of the User and will be the User’s responsibility. Only content that belongs to the User should be submitted, and the content should not violate the rights of others. Any content created by a User belongs to that User and it is prohibited to reproduce or submit anything without expressed permission of the owner. By making submissions to the TribeCode Website, you acknowledge that you have the right to do so or have gained third party consent. If TribeCode requests documentation, substantiation, and releases that are deemed necessary or appropriate to verify your compliance with this portion of the Agreement, you agree to provide this information.

Promotions

Separate rules from this Agreement may apply to any sweepstakes, contests, raffles, or other promotions (altogether referred to as “Promotions”) made available by TribeCode. If you decide to take part in any Promotions, please be sure to review the applicable rules and our Privacy Statement. In the case of any Promotion rules conflicting with this Agreement, the Promotion rules will take precedence in those specifically conflicting sections only.

Changes to this Agreement

It is TribeCode’s right at its sole discretion to make any changes to this Agreement at any time. Changes will be reflected on the TribeCode Website and the date of last revision on this Agreement will be updated. If you are not in agreement with any change to the TribeCode Website or to this Agreement or will no longer be in compliance with the Agreement, your subscription may be cancelled as per the instructions in this Agreement. If you continue to use the TribeCode Website after changes in the Agreement are posted, you accept the changes and are bound by them.

Liability Disclaimer

We do not make any express warranties or representations as to the quality and accuracy of the TribeCode Website, Content, or Service. Any implied warranties or representation to the maximum amount permissible under applicable laws are disclaimed by TribeCode. The DNA testing and TribeCode Website are offered “as is”. As such, we do not accept responsibility for use of or reliance on the TribeCode Website, Content, or Service. We also do not accept responsibility for disruptions or delays in the TribeCode Website, Content, or Service. No representations are made to the comprehensiveness, accuracy, completeness, currency, quality, compatibility, error-free nature, fitness, or security for purpose of the TribeCode Website, Content, or Service. The adequacy of the Service or TribeCode Website or compatibility to your computer equipment and environment is not guaranteed by TribeCode. TribeCode also does not guarantee that the TribeCode Website, Content, Service, its servers, or any emails sent from TribeCode are free of viruses or other harmful components. Any actions that result from your use of the TribeCode Website, Content, or Service are not controlled or endorsed by TribeCode. Liability regarding any actions resulting from your use of the Tribecode Website or Service is specifically disclaimed by TribeCode.

Our liability is limited to the maximum amount permissible under applicable law. We will not be held liable for unintentional damages or liable to you for any incidental, actual, indirect, punitive, special, or consequential loss or damage caused as so far that nothing in this Agreement is interpreted as such to limit or exclude liabilities which may not be excluded or limited by law. If you experience any dissatisfaction with any part of the TribeCode Website, or with any part of this Agreement, you may discontinue use of the TribeCode Website.

There may occasionally be opportunities for users of the TribeCode website to purchase third party services. The third parties’ websites are subject to different terms and conditions than those found here and you are responsible for reading and understanding them. TribeCode is not responsible for and does not endorse and third party provided goods or services and makes no warranty concerning these goods or services. You hereby agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from TribeCode.

Disputes

In the case that a dispute arises between you and TribeCode, we seek to provide you with a neutral and cost-effective way of resolving the dispute quickly. You agree that in the case of a dispute, you will first contact TribeCode Customer Support at 650-318-3382 to discuss the problem and try to find a resolution. If the issue is not resolved at that time, you and TribeCode agree to use the following methods to resolve any disputes or claims. You agree that this Agreement is governed by the laws of the State of California with no regard to its principles on conflicts of laws and the federal law of the United States of America. You also agree that you will seek arbitration that agrees with the rules below before initiating any litigation. If the issue is not resolved by arbitration, you thereby agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims or disputes.

Arbitrations will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (referred to collectively as “AAA Rules”). You may find the AAA Rules and associated costs online at www.adr.org or you may call the AAA at 1-800-778-7879. YOU AND TRIBECODE HEREBY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NEVER AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Additionally, unless both you and TribeCode discuss and agree otherwise, the arbitrator may not consolidate more than one persons’s claims and also may not preside over any form of representative or class proceeding. Notwithstanding the foregoing, you are not precluded by this arbitration agreement from bringing any issues to the federal, state, or local agencies’ attention. These agencies, if the law allows, may seek relief against us on your behalf. This arbitration provision will survive termination of this Agreement.

Miscellaneous

It is our right to assign or transfer our rights and obligations under this Agreement. The terms are personal to you so you may not assign or transfer any of your rights and obligations under this Agreement without the written consent of TribeCode.

You also acknowledge and agree that TribeCode has permission to disclose your information if TribeCode believes it is required to do so by law, court order, or when you give your permission to make such a disclosure.

If any term of this Agreement is deemed to be invalid or unenforceable, the remainder of the Agreement will remain valid and enforceable. If we fail to enforce any term of the terms of this Agreement, this will not affect our right to require performance at any subsequent time. In addition, the waiver by us of any breach by you of any provisions of these terms will not be taken as a waiver of the provision or provisions itself.

You hereby agree to indemnify us against all liabilities, claims, and expenses that may come from any breach of this Agreement by you or that may come from your contribution of Content Provided by User or your use of the Services or TribeCode Website.

Official correspondence should be sent via postal mail to:

TribeCode
Attn: Member Services
2438 Embarcadero Way
Palo Alto, CA 94303

This agreement, including any terms, conditions, and policies expressly referenced herein, make up the complete understanding and agreement between you and us, and will supersede and negate and previous or contemporaneous understandings and agreements, except as expressly provided otherwise by TribeCode.