1. Definitions
" IDENTIGENE " means IDENTIGENE®, LLC, a Sorenson Genomics company.

"Services" means the provision of a DNA analysis from biological samples the Client provides to IDENTIGENE.

"Client" means the person(s), firm, or company who purchases Services from IDENTIGENE and/or any test participant who submits biological samples to IDENTIGENE for Services or their legal guardian.

2. Provision of Services

2.1 The DNA analysis provided by IDENTIGENE is prepared solely for the use of the Client. IDENTIGENE makes no representation, express or implied, that the result of the DNA analysis is useful for any purpose other than the Service purchased by the Client.

2.2 The biological samples supplied to IDENTIGENE by the Client shall not be returned.

2.3 IDENTIGENE reserves the right to use any third party of its choice to perform its obligations of the Services purchased by Client.

2.4 IDENTIGENE reserves the right to perform testing and analysis using methods and processes that IDENTIGENE deems appropriate.

3. Payment

3.1 Payment in full is required before testing can begin. Payments can be made with a valid credit/debit card, cashier’s check or money order. Personal checks are not accepted. Personal checks received by IDENTIGENE will be immediately destroyed and testing will be on hold until payment in full has been made.

4. Privacy Policy

4.1 Specimens and/or the DNA profile data obtained from the biological samples are accessible by the Client who ordered and/or paid for the Services and all other participants who submit biological samples for the case. Case information is also accessible by a participant's legal guardian(s) when the participant is a minor or a legally incompetent adult, even if the legal guardian is not a participant in the test.

4.2 Access to case information requires a case password. Passwords are typically assigned or chosen at the time of ordering Services; a password can be obtained by the Client (including test participants or their legal guardian) at any time by contacting IDENTIGENE and providing (1) a written request for a case password, (2) proof of identification and, for legal guardians, (3) proof of legal guardianship.

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 necessary for IDENTIGENE to perform the Services purchased by the Client.

5.2 The Client shall indemnify IDENTIGENE and keep IDENTIGENE fully indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature arising from a breach of the warranties specified in paragraph 5.1.

6. Disclaimers and Liabilities.

6.1 IDENTIGENE does not warrant to client: (a) that the services provided by IDENTIGENE shall meet the expectations of the client; or (b) that services shall be free from defects or free from errors.

6.2 IDENTIGENE does not guarantee that the samples provided by the client shall yield DNA suitable for analysis or that any analysis shall provide a conclusive result.

6.3 Further, in no event shall either IDENTIGENE or the client be liable to the other for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever.

7. Third Parties
A person who is not the Client of IDENTIGENE has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions, but this does not affect any right or remedy for a third party which exists or is available apart from that Act.

8. Governing Law
The construction, validity, and performance of these Terms and Conditions shall be governed in all respects by the State of Utah, USA Law and be subject to the exclusive jurisdiction of the State of Utah, USA Courts.

9. Refund Policy
Refunds may be considered at the discretion of IDENTIGENE under the following conditions.

9.1 100% Refund (*):
a. written or verbal request within 90 days of order date,
b. specimen collection services were not provided (legal cases), and
c. testing has not been initiated.

9.2 50% Refund:
a. written or verbal request after 90 days of order date,
b. specimen collection services were provided (legal cases), and
c. testing has not been initiated.

9.3 No Refund:
a. testing has been initiated or completed (even if one or more samples yield little or no useable DNA or if analysis of DNA data provides an inconclusive result)
b. inactivity of order (on-hold status) for 90 days after order date.

Note: (*) A $30 charge shall be deducted from the total refund amount for orders purchased online that qualify for a 100% refund.


NOTE: Terms and Conditions printed on this order form are subject to change at any time in the sole discretion of IDENTIGENE. To view the most current and presently binding terms and conditions applicable to this order, please visit http://www.dnatesting.com/about-identigene/terms-and-conditions.php.

LIT-4033-F © 2010 IDENTIGENE, LLC