PrimevalDNA Test

Compare your personal Genome
with the DNA of Real People in the Past

Terms of Use

The website located at primevaldna.com (the “Site”) is a copyrighted work belonging to DNA Testing Systems, L.L.C. dba DNA Consultants (“DNA Consultants”, “we” or “us”). Its purpose is to sell ancient DNA products and services (the “Service”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site or included in separate consent forms in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

ACCESS TO AND USE OF THIS WEBSITE AND/OR ANY SERVICES OR INFORMATION OFFERED HEREIN (the “Service”) ARE GOVERNED BY THESE TERMS OF USE (“TERMS”) INCLUDING MOBILE APPLICATIONS OR OTHER SERVICES. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE PERSON WHOM YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE PERSON WHOM YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICE.

These Terms apply to all visitors, users, and others who access the Service (“you” and if you create an account, a “User"). PrimevalDNA reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

1. USE OF OUR SERVICES

1.1 Description of Services. Our services connect you with the World Wide Web for information, testing, analysis and reference relevant to ancient DNA. The Service permits you to compare your raw genomic data, whether uploaded by you from previous testing or determined by a Primeval DNA Test kit you order from us, to general populations and ancient DNA to find genetic similarity and estimate migrations, admixtures and relatedness over time. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms.
1.2. Disclaimers. Primeval DNA tests produce probabilistic predictions of a user’s genetic similarity with ancient peoples and genomes recovered by paleoarcheology and are for personal knowledge and information only. Results may or may not confirm expected ethnic composition, admixture, relatedness, family history or genealogical connections. Primeval DNA Test results may or may not agree with information provided by other testing or published elsewhere or private. No warranty is made regarding the accuracy or viability of personal raw genomic files of date a User uploads from other testing.
1.3. Limitations and Exclusions. The Site and its Content are for informational purposes only. They are not intended to provide medical advice for the prevention, diagnosis or treatment of disease. Results may not be used to prove immigration eligibility or qualification for entitlements in a federally recognized American Indian tribe. You may not use the Service if you are, unless authorized by DNA Consultants, using the Service for a business or commercial purpose, or any purpose other than personal use.
1.4 Laboratory Services. Consent to laboratory services is governed by a separate non-chain of custody testing form sent with your kit, if you order a kit.
1.5 Refund Policy. Refunds may be considered at the discretion of DNA Consultants and may be subject to administrative and handling fees. No refunds shall be issued if services have been completed.
1.6 User Account. Account creation is required in order to use some or all of the Service. Some of the features of the Service may require or permit you to log in using third party authentication service. We reserve the right to either discontinue such account creation process or use any other service at any time. We reserve the right to change this at any time, requiring you to re-register with our Site through our account creation process with our unique account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DNA Consultants immediately of any unauthorized use of your account or any other breach of security. PrimevalDNA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DNA Consultants or another party due to someone else using your account or password. Only one user may use each user name, and if you or your designate requires additional user names, you must contact PrimevalDNA. You may not use anyone else's account at any time, without the express permission of the account holder.
1.7 Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the PrimevalDNA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that PrimevalDNA grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other malicious software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other PrimevalDNA Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PrimevalDNA shall have no liability for your interactions with other Users, or for any User's action or inaction.

2. PROPRIETARY RIGHTS

PrimevalDNA retains sole and exclusive ownership of all rights, title and interests in the Service, the Site, and all intellectual property rights relating thereto. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. PrimevalDNA reserves all rights not expressly granted herein in the Service and the Content (as defined below). PrimevalDNA may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof.

3. CONTENT

For purpose of these Terms, the term "Content" includes, without limitation, written comments and information, articles, notes, research, summaries, reports, data, text, photos, graphics, in static or interactive feature. “PrimevalDNA Content” means any Content owned by or licensed to PrimevalDNA. PrimevalDNA may not monitor or control Content posted by users of the Service (including, without limitation, user submissions) or other individuals or entities (such as advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk. You acknowledge that by providing you with the ability to view and distribute Content on the Site, PrimevalDNA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, DNA Consultants may, but shall have no obligation to, remove Content from the Forum, Comment, Question or Review features of the Site that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Use. Such illegal or unauthorized Content includes Content that:
  • Is patently offensive to DNA Consultants users, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • harasses or advocates harassment of another person
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
  • is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait others into responding); and
  • solicits passwords or personal identifying information for unlawful purposes from other users.
Other illegal or unauthorized uses of DNA Consultants’ website include, but are not limited to:
  • modifying, adapting, translating, or reverse engineering any portion of the PrimevalDNA Test website
  • using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Primeval DNA Test website or information contained therein
  • collecting any information about other users (including usernames and/or email addresses) for unauthorized purposes
  • submitting any Content that falsely express or imply that it is sponsored or endorsed by DNA Consultants
  • submitting Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party
  • transmitting any viruses, worms, defects, Trojan horses or other items of a malicious nature.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending Content from DNA Consultants’ website and banning such violators from using the Service. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages related to such exposure.

4. USER-GENERATED CONTENT.

PrimevalDNA may enable you to add, create, submit, distribute, share or post certain Content, including, without limitation, text, photos, comments or questions on a result, customer reviews, product rating, data, and information (including, without limitation, personal information and location based services information) through the Service. By submitting any such user-generated content through the Service, you (a) acknowledge that you are publishing such user content, and that you may be identified publicly by your username in association with such user content; (b) understand that whether or not such user content is published, PrimevalDNA does not guarantee, and is not under any obligation of, confidentiality with respect to any user content, and agree that any user content provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize PrimevalDNA and users of the Service to use all intellectual property rights in and to any such user content, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your user content does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy; (e) grant PrimevalDNA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the user content in order to provide the Service and as set forth in the Privacy Policy; (f) without limiting subsection (d) above, agree that PrimevalDNA shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any user content submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such user content, or if PrimevalDNA is concerned that you may have violated these Terms), or for no reason; and (g) grant each user of the Service a non-exclusive license to access your user content through the Service and to use, reproduce, distribute, display, perform, and prepare derivative works based upon, such user content solely for personal non-commercial uses and as permitted by the Terms and your access preferences. You further acknowledge and agree that you shall be solely responsible for any user content submitted by you and to the consequences of posting or publishing such user content, and you waive any “moral rights” in such user content. You understand that when using the Service, you may be exposed to user content from a variety of sources, and that PrimevalDNA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such user content. You may be exposed to user content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PrimevalDNA with respect thereto. PrimevalDNA may remove any user content at any time in its discretion.

5. PAYMENT.

Certain features of the Service are free, while others are offered for a fee. For example, if you decide to complete a testing kit or a test, you will be charged for that kit or test as set forth on the Site or the resale agent. PrimevalDNA may utilize third-party services for the processing of your payments. Any payment information processed or stored by PrimevalDNA will be in accordance with its Privacy Policy. Specifically, we do not retain credit card information after a sale.

6. FEEDBACK.

If you provide PrimevalDNA with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to PrimevalDNA all rights in such Feedback and agree that PrimevalDNA shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. PrimevalDNA will treat any Feedback you provide to PrimevalDNA as non-confidential and non-proprietary. You agree that you will not submit to PrimevalDNA any information or ideas that you consider to be confidential or proprietary. Other illegal or unauthorized uses of DNA

7. Objectionable Material and Family Filtering

DNA Consultants encourages you to use discretion when browsing the Internet and using the Service. The Service may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate. If this is a concern for you and you wish to limit the content available through the Service, you must install your own filtering software.

8. INTELLECTUAL PROPERTY AND COPYRIGHT POLICIES

DNA Consultants is a provider of interactive computer services for purposes of 47 U.S.C. section 230; its liability for others’ conduct and information is limited as described therein. PrimevalDNA follows a policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify PrimevalDNA copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit PrimevalDNA to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to discover@dnaconsultants.com PrimevalDNA may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. INDEMNITY.

You agree to defend, indemnify and hold harmless PrimevalDNA and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your user content or any content or information that is submitted via your account; or (f) any other party's access and use of the Service with your unique username, password or other appropriate security code.

10. NO WARRANTY.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNA CONSULTANTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

12. CHANGES TO THE TERMS.

These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site, or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

13. PRIVACY POLICY.

DNA Consultants respects the privacy of others. Any information that you provide to PrimevalDNA through the Service is subject to PrimevalDNA Privacy Policy, which is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

14. TERMINATION.

DNA Consultants may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending DNA Consultants an email to discover@dnaconsultants.com specifying your request and providing DNA with your name, Order ID and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and PrimevalDNA may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

15. CHOICE OF LAW, WAIVER AND CLAIMS.

If you believe that PrimevalDNA has not adhered to these Terms, please contact PrimevalDNA by e-mail at discover@dnaconsultants.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. DNA Consultants’ failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Arbitration

Any controversy or claim arising out of or relating to the Terms of Use will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party to this Agreement may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect its rights or property.

15. ENTIRE TERMS.

These Terms constitute the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

17. CONTACT INFORMATION.

PrimevalDNA welcomes your comments or questions regarding these Terms. Please e-mail us at discover@dnaconsultants.com or contact us at the following address or phone number:

DNA Consultants
P.O. Box 2477
Longmont, Colorado 80502
1-888-806-2588
Revision Date: July 23, 2019