Your Acceptance of the Terms of Use
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR DNA TESTING SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT YOU HAVE LEGAL AUTHORITY TO PURCHASE OUR DNA TESTING SERVICES. ADDITIONALLY, IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN DNA TESTING SERVICES FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
Who We Are
Welcome to the website operated by Proof of Paternity, LLC (“we”, “us”, “Proof of Paternity” or “our”). The following terms and conditions (“Terms of Use”), govern your access to and use of the ProofofPaternity.com website, including any content, functionality and services offered on or through PaternityLab.com (the “Site”) or its affiliated websites, which include but are not limited to: ProofofPaternity.com, collectively the (“ProofofPaternity Sites”).
A Summary of and Quick Links to all of the Agreements You Need to Know About
Please read these Terms of Use carefully before you begin using this Site or any ProofofPaternity Site or before purchasing any DNA testing services (the “Services”) with us. By using this Site or any other ProofofPaternity Site, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy, which are incorporated herein by reference. If you do not want to agree to our Terms of Use or our Privacy Policy, you must not access or use this Site or any other ProofofPaternity Site. Capitalized terms used but not defined in these Terms of Use have the meaning given to them in our other policies (e.g., our Privacy Policy).
Data Privacy, What We Do With Your Information
WE DO NOT SELL YOUR INFORMATION. All information we collect about you, including your visits to the Site are subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Changes to Our Terms
We may revise and update our terms and conditions from time to time, this may include but is not limited to these Terms of Use and our Privacy Policy. All changes are in our sole discretion and effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use or revisitation of the Site following the posting of our revised Terms of Use means that you accept and agree to the updated terms. We need you to review our Terms of Use and Privacy Policy from time to time so you are aware of any changes. All changes will be binding on you. The effective date of our Terms of Use are posted at the top of this page.
Order of Precedence
Certain services on the Site have their own terms and conditions (“User Agreement”). In the event of any conflict between these Terms of Use and any User Agreement, the User Agreement shall control.
Geographic Restrictions
We are based in the United States. We provide the Site and our Services for use only by persons located in the United States. We make no claims or representations that our Services or the Site or any ProofofPaternity Site or any content on any of the aforementioned is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No Construction Against Drafter
These Terms of Use and the terms in our Privacy Policy shall not be construed against us simply because we drafted them.
Specific Terms and Conditions for Testing Services
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of what you have ordered.
Return Policy for Home Paternity Test Kits
After the kit has shipped, the sale is final and will not be refunded in line with our Terms of Sale. If you request a refund before we ship the Home Collection Kit, you will receive a full refund. In the event you decide to return your Home Paternity Test Kit, (“the Kit”), within the first 30 days of purchase, and the kit has NOT BEEN OPENED, NOT USED in any way, there is a non-refundable 25% restocking fee. In the event In order to be eligible for the refund, you must send your unused Kit back to us using the return label provided in the Kit. Refunds will be issued 7 – 10 business days after receiving your unused Kit back at the lab. If the Kit has been used, or tampered with in any way, refunds are not available due to the sanitary nature of the materials.
Prices
Prices posted on this Site may be different than prices offered by us on other websites. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Payment Information
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your credit card company or lending institution, and (iv) you will pay charges incurred by you at the posted prices regardless of the amount quoted on the Site at the time of your order.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please understand that the title and risk of loss, of your Testing Kit, passes to the carrier upon the transfer of the Testing Kit to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments caused by the carrier. However in effort to provide great customer service we will work with you and the carrier to assist you in finding your lost Testing Kit and or provide a rerun in the event a sample is damaged or after a reasonable time period and a reasonable search can not be found or it is extremely unlikely to be found. The decision to provide a new Testing Kit, and when to provide a new Testing Kit will be made by us on a case by case basis but we will work with you to find a just and equitable solution. We will take feedback from you and the carrier when making the determination.
Returns and Refunds
We only offer refunds, credits and or Replacement Kits in the following situations:
DNA Test Results Require More than 2 Reruns.
About 10% of samples are not able to be processed successfully on the first attempt and need to be rerun. If our partner lab is unable to produce your DNA reports after 2 attempts, you may cancel your order for a full refund, account credit or request another Replacement Kit.
Delayed Results in Excess of 30 Days
While we cannot guarantee a specific delivery date, we expect the majority of customers to receive their DNA results within 3-4 business days of being received at our partner lab. However in the event our partner lab is unable to process your request, and such delay is the result of an issue with our partner lab, within 30 days of our partner lab receiving your sample you may cancel your order for a full refund, account credit or Replacement Kit. Delayed results that are due to carrier issues, i.e., lost or damaged Testing Kits or results that are due to tester issues, i.e., incomplete samples, corroded samples, do not count towards the 30 day period.
DNA Kit Damaged/Missing Necessary Collection Materials
In the event a Testing Kit arrives damaged or missing collection material. Please email us at help@proofofpaternity.com so we can send you a Replacement Kit.
Unused DNA Kits
We will not accept returned kits unsolicited or unannounced. You must contact us first to obtain permission and instructions if moving forward is granted. We will refund your purchase price, minus the original shipping and handling costs, provided such return is made within 10 days of shipment with valid proof of purchase and provided the Testing Kit is returned unused. To make a return, you must submit a return request at help@proofofpaternity.com.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 25% restocking fee.
Refunds are processed within approximately 10 business days of our receipt of the Testing Kit. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site, and any service we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site or limit the geographical areas where our Services are sold and the types of Services we provide.
To purchase Services from our Site you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that you are honest with all the information you provide, that you provide all known information and that you not use our Services to commit any type of fraud or other illegal activity or permit any other person to commit any type of fraud or illegal activity. You agree that all information you provide to us including but not limited to through the use of any interactive features on the Site, is governed by these Terms of Use and our Privacy Policy. Additionally, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You acknowledge that our Services are personal to you and you agree not to provide any other person with access to the Site or portions of it using your information. You agree to notify us immediately of any unauthorized access to or use of your information or any other breach or suspected breach of security. You should use particular caution when accessing your order information and or test results from a public or shared computer so that others are not able to view or record your personal information. We may rely on the authority of anyone accessing your order and or test results using your credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your information. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.
Intellectual Property Rights
We have intellectual property rights, including but not limited to trademark rights, in this Site and its contents, which includes but is not limited to, all logos, phrases or slogans, text, images, video and audio, and the design, selection and arrangement thereof, and all software that is owned by us, our licensors or other providers of such material and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Permitted Uses
You have a limited right to use the Site for your personal, non-commercial use. You are not authorized to alter, harm, create derivative works of, publicly display, download, store or transmit reproduce, distribute, reverse engineer, place any type of tracking or monitoring which includes but is not limited to: cookies, malware, spyware, plugins, geolocation beacons, without our the express prior written permission from the Legal Department. Requests may be sent to legal@proofofpaternity.com. You may not use any of the material on our Site, except as follows:
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We Do Not Provide Medical Advice
The information available on the Site and provided through the Services are not a substitute for professional medical advice. You should always seek the advice of your physician or another licensed health care provider with any questions you may have regarding your health.
Links to other Websites and Resources
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in social media, advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, or from another ProofofPaternity Site you do so entirely at your own risk and subject to the terms and conditions of use of those third party websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Site or the internet or from any ProofofPaternity Site, will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR FROM YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SITE, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, OR ANY Proof of Paternity SITE, OR ANY WEBSITES LINKED TO OUR SITE OR ANOTHER Proof of Paternity SITE OR ANY CONTENT ON ANY OF THE AFOREMENTIONED, OR ANY SERVICES, INFORMATION, MATERIAL OR ITEMS OBTAINED THROUGH THE AFOREMENTIONED, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
WE LIMIT OUR LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.
WE WILL NOT BE LIABLE FOR ANY UNINTENTIONAL DAMAGE, ANY ACTUAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR FOR ANY LOSS OR CLAIM OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW US TO HAVE A BROAD LIMIT ON OUR LIABILITY. IF YOU LIVE IN ONE OF THOSE JURISDICTIONS, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY STATEMENT IN THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE SITE AND OUR SERVICES.
OUR TOTAL LIABILITY IN ANY MATTER RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS (U.S. $100.00) OR (II) THE AGGREGATE AMOUNT YOU PAID US FOR SERVICES IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY APPLIES FULLY TO RESIDENTS OF NEW JERSEY.
ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:
THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE.
Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignees, from and against any and all claims, liabilities, deficiencies, damages, actions, judgments, settlements, interest, awards, losses, fines, penalties, costs, expenses or fees or any kind (including reasonable attorneys’ fees and costs) arising from or relating to your violation of these Terms of Use, our Privacy Policy, or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Site or any other Proof of Paternity Site, including, but not limited to, any use of the Site’s content, any other Proof of Paternity Site’s content, our Services other than as expressly authorized, your use of any information obtained from the Site, any content you submit, post to or transmit through the Site or our Services, or, your violation of any third party’s rights, including, but not limited to, intellectual property rights, parental rights, right of privacy, right of publicity and confidentiality.
Termination
You may delete your Account at any time, for any reason by sending an email to help@proofofpaternity.com. We may terminate your use of the Site, your Account and our Services for any or no reason at any time. You understand that termination of your Account will not entitle you to a refund and may involve deletion of your information from our system. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACCOUNT TERMINATION THAT RESULTS IN YOUR LOSS OF ACCESS TO THE SITE OR OUR SERVICES.
DMCA Notification
We respect the rights of intellectual property holders. If you believe that any content on the Site violates your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information:
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to:
Legal Department
Proof of Paternity, LLC
Attention: Legal Department
NORTHWEST REGISTERED AGENT, INC.
Registered Corporate 1505 Agent
Spokane, WA
Copy to
Email: legal@proofofpaternity.com
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California regardless of where you access the Site or the Services, and notwithstanding any conflicts of law principles.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the Parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining provisions of the arbitration agreement will remain in force.
Dispute Resolution
In the event of any dispute, claim, controversy, question, or disagreement, collectively referred to as (a “Dispute”), arising from or relating to our Terms of Use, our Site, another ProofofPaternity Site, our Privacy Policy or our Services, we and you (collectively, the “Parties”) shall use our best efforts to settle the Dispute. To this end, the Parties will negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. The Parties agree that all such good faith mediation may be held remotely on a date and at a time that is convenient for all Parties. If the Parties do not reach a solution within a period of thirty (30) days, then all Disputes shall be resolved by binding arbitration either remotely or if in person Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. The Parties will work together to make the forum of the arbitration as convenient as possible for both Parties. This agreement to arbitrate will be enforceable in any court having jurisdiction. The notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the Parties agree shall apply. The fees charged by the AAA and arbitrator shall be shared equally by the Parties.
Either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
Limitation of Time to File Claims
Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under these Terms of Use, our Privacy Policy or the use of any of our Services must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
Relationship of the Parties
Unless otherwise expressly provided for in writing, neither you or ProofofPaternity will hold yourself out as in any way sponsored by, endorsed by, in partnership or venture with, nor as an employee or employer of the other, which includes each parties’ affiliates and service providers.
Entire Agreement
These Terms of Use and our Privacy Policy, you have consented to constitute the entire agreement between you and us with respect to the Site and supersedes all prior and contemporaneous agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Use and any other terms, the terms of these Terms of Use shall govern. If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect. The headings of sections and paragraphs in these Terms of Use are for convenience only and shall not affect their interpretation.
Your Comments and Concerns
This website is operated by ProofofPaternity, LLC. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to help@proofofpaternity.com
The test evaluates the speed of metabolization of caffeine. The genetic analysis involves the interrogation of the CYP1A gene which encodes the cytochrome P450 protein, which at the liver level is the primary enzyme involved in the metabolism of caffeine. The unfavourable variant of the gene leads to a greater risk of side effects such as nausea, tachycardia, insomnia and hypertension.
The test evaluates the main component of the joints, type 1 collagen. The genetic analysis involves the interrogation of the COL1A1 gene. Reduced production of type 1 collagen leads to less protection from joint injuries.
Exercise has numerous health benefits, but we must be careful of injuries that occur when we do exercises incorrectly. While injuries are always a risk when we do any exercise, some people are more likely to get injured than others and partly due to their genetics. Scientific evidence has shown that some genetic variations can affect the risk of injury. People with a higher risk should adjust their training plan.
Knowing the genetic characteristics that influence an athlete’s physical form is important to discover any predispositions to muscle, tendon and bone injuries. The ability to recover after injury is also influenced by the personal genetic profile. The possible presence of a genetic variant that predisposes to tendon injuries allows us to identify an athlete with a higher than average risk of injury or one who has shorter recovery times, thus preparing the best possible training for each individual.
The test evaluates athletic recovery in relation to anti-inflammatory capacity. The genetic analysis examines the IL-6 gene which codes for the protein of the same name, produced by the muscle during physical activity, with an action to regulate inflammation. The unfavourable variant of the gene leads to reduced control of inflammation and slower recovery after physical effort.
This test analyzes the ACTN3 gene, which determines whether your muscles are more suited for power (fast-twitch fibres) or endurance (slow-twitch fibres) activities.
Power
Power reflects the ability to exert maximum force for a short time.
Those with more fast-twitch fibres have high strength, speed, and explosiveness but tire quickly due to lower oxygen use and faster lactic acid buildup.
Best suited for: short bursts of activity such as sprinting, weightlifting, discus, shot put, and jumping events.
Endurance
Endurance reflects the ability to sustain low-intensity activity over long periods.
Those with more slow-twitch (red) fibres perform better in long-duration exercises, thanks to higher oxygen storage and energy efficiency.
Best suited for: long-distance activities such as marathon running, swimming, cycling, rowing, and cross-country skiing.
Accusing a partner of cheating can be an extremely painful experience. DNA Infidelity Testing Now you wont have to wonderDNA infidelity testing provides a scientific solution that will help answer the question of whether or not your partner was unfaithful. By testing fabric samples of men’s underwear, women’s polyester dress, or bed sheet that you’ll be able to provide a sample. TEST CAN DETERMINE WITH OR WITHOUT MALE AND/OR FEMALE DNA! We have provided our two most common infidelity DNA test options and provide guidance on which might be best for your situation below. All consultations are free, private and 100% confidential. Please be aware that infidelity testing is for informational purposes only, due to this item not being a Court admissible test since it does not adhere to the legal chain of custody for the submitted samples.
It’s worth mentioning, however, that testing is not offered in the states of Alaska, Arizona, Florida, Georgia, Massachusetts and South Dakota due to state restrictions.
Do you need documentation of a genetic relationship in order to apply for tribal membership? Americans all over the country have used ourNative American DNA test to verify their biological ancestry and gain access to benefits, such as scholarships or eligibility for tribal enrollment. Call our specialists now, for a free no obligation quote. DDC has staff and a special phone number to help you for tribal membership DNA testing services.
Note: This test does not establish whether or not you have Native American ancestry specifics with ethnic percentages. Its only function is for verification of blood relationships between tribe members and applicants where enrollment or membership in a tribe is concerned.
Do you need documentation of a genetic relationship in order to apply for tribal membership? Americans all over the country have used ourNative American DNA test to verify their biological ancestry and gain access to benefits, such as scholarships or eligibility for tribal enrollment. Call our specialists now, for a free no obligation quote. DDC has staff and a special phone number to help you for tribal membership DNA testing services.
Note: This test does not establish whether or not you have Native American ancestry specifics with ethnic percentages. Its only function is for verification of blood relationships between tribe members and applicants where enrollment or membership in a tribe is concerned.
Y-STR Male Lineage Testing
Y chromosome testing is ideal for situations when two or more male individuals wish to confirm whether they share the same father or have a common paternal relative. This test, carried out exclusively between males, is a highly accurate and conclusive sibling test.
Who it’s For
If you think two makes are brothers or share the same parent. Confirming relationships with paternal relatives when the alleged father is unavailable, such as a grandfather, uncle, or male cousin.
Gender Restriction:
Only biological males can be tested
If the Y-STR markers are identical, it indicates a shared paternal lineage. Proof Of Paternity offer Y-STR Male Lineage Testing. This type of siblings DNA test is an extremely accurate test and used to determine whether 2 males share a paternal line. Y chromosomes are passed down from fathers to their male children meaning that this chromosome’s inheritance pattern can then be used to trace back the paternal lineage. The conclusive results provided by this test can allow males to determine if they have a shared biological father, grandfather, or male relative
Get the legal documentation you need when the father is unavailable
An avuncular DNA test analyzes the DNA of an aunt or uncle and compares it with a niece or nephew to determine if there’s a biological relationship. Because aunts and uncles share genetic markers with their siblings, comparing these markers can indirectly verify parentage.
The test is normally done when the only means of establishing paternity is by testing the alleged father’s relatives to see whether they are related to the child in question.
The lab cannot perform an avuncular test if the aunt/uncle is NOT a full sibling to the alleged father in question.
Common Uses for Avuncular DNA Tests:
Confirming relationships when parents are unavailable for testing
Clarifying family history or genealogical research
Establishing biological relationships for personal reasons or legal cases
Determine whether or not you are truly related to your sibling. This test is recommended when the alleged siblings are a male and a female who would like to know whether they share one or more common parents. Easy-to-use home kit will get you both the answers whether you share one biological parent, or both biological parents. Or perhaps none? Proof of Paternity offers siblings DNA testing services to help brothers and sisters discover whether they share both biological parents, a single parent or have no parents in common. ; in 5-7 working days; Support at every step of the process.
Common uses cases for this test?
We want to know if we share the same parent.
We think we are brothers, how can we determine our relationship?
This test determines male lineage. Rather than a regular siblings DNA test, a Y chromosome test can be carried out when only males are involved and they wish to discover whether they have the same birth father or different birth fathers. Visit our Y chromosome testing page for more information on this test.
A maternity test determines whether the tested woman is a biological mother of an individual. This is a kind of testing much like paternity testing – but rather than comparing the child’s DNA profile to that of the father, it compares it to their mother. Even when the alleged father’s DNA is not featured, Peace of Mind Paternity’s maternity testing services can still provide conclusive answers, confirming if a child’s DNA does or does not match that of his or her mother.
(formerly American Association of Blood Banks)
The AABB’s Relationship Testing Accreditation program is the international gold standard for DNA paternity testing laboratories. The program establishes and promotes the highest standards of testing quality and care for patients and clients in all aspects of parentage and other relationship testing. Most courts and other government agencies mandate that DNA tests be performed by AABB-accredited laboratories. DDC received its initial AABB accreditation in 1996 and received AABB’s commendable practice recognition in 2004 for our Dual Process™.
The CAP Laboratory Accreditation Program is recognized by the federal government as being equal to or more stringent that the government’s own laboratory inspection program. DDC has maintained its accreditation under the CAP program since 2004. In addition to on-site laboratory inspection, CAP accreditation requires laboratories to participate in its Proficiency Testing Program in which CAP sends samples to the lab 3 times a year for DNA testing and evaluates the lab’s results. DDC has participated in the proficiency program since 2004 and has had 100% accuracy with the expected relationship interpretation on all surveys.