1. Definitions

”IDENTIGENE®” means IDENTIGENE, LLC.

"Services" means the provision of laboratory analysis of biological samples the Client provides to IDENTIGENE.

"Client" means the person(s) or legal entity that purchases Services from IDENTIGENE and/or any test participant who submits biological samples to IDENTIGENE for Services or the legal guardian of a test participant who may be a minor or a legally incompetent adult.

2. Provision of Services

2.1 The Services provided by IDENTIGENE are solely for the use of the Client. IDENTIGENE makes no representation, expressedor implied, that the result of the Services is useful for any purpose other than the Service purchased by the Client.

2.2 IDENTIGENE does not guarantee that the samples provided by the participant shall be suitable for Services, or that Services shall provide a conclusive result. Biological samples submitted to IDENTIGENE will not be returned.

2.3 IDENTIGENE reserves the right to use any third party of its choice, if necessary, to perform any portion of the Services purchased by Client.

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

3. Payment

3.1 Payment in full is required before Services 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 Services will be on hold until payment in full has been made.

4. Privacy Policy

4.1 Access to order information and results requires a login and password. The Client shall maintain the confidentiality of their login and password; furthermore, the Client agrees that IDENTIGENE, its affiliates, its contractors, its distributors, and its suppliers will not be liable for access to order information and results, if the appropriate login and password is used.

4.2 Order information and results of Services are accessible by the Client. Order information and results of Services are also accessible by a test participant's legal guardian when the participant is a minor or a legally incompetent adult, even if the legal guardian is not a participant in the test.

4.3 A login and password are typically provided by the Client 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, and (2) proof of identification. Legal guardians must also provide proof of legal guardianship.

4.4 IDENTIGENE may use email and/or text messaging to convey order status as requested. Standard email or text messaging is not securely encrypted, so Identigene uses the minimum necessary amount of personal information when communicating via email/text message.

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, its affiliates, its contractors, its distributors, and its suppliers against all costs, claims, demands, expenses and liabilities of whatsoever nature that may arise from Services provided to the Client.

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 Further, in no event shall either IDENTIGENE, its affiliates, its contractors, its distributors, and its suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever that may arise from Services provided to the Client.

6.3 Client agrees that any and all liability of IDENTIGENE, its affiliates, its contractors, its distributors, and its suppliers shall be limited to either re-performing the Services at no cost to the Client, or refunding the amount received by IDENTIGENE for such Services.

7. Third Parties
A person who is not the Client of IDENTIGENE has no right to enforce any of these Terms and Conditions.

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 and may be subject to administrative and handling fees.*

9.1 Partial Refund:

a. if a written request for refund is submitted to IDENTIGENE before Services have been initiated.

9.2 No Refund:

a. if Services have been initiated or completed, or

b. an order remains inactive (on-hold status) for 30 days from order date.

* A $30 charge shall be deducted from the total refund amount for orders purchased online that qualify for a refund.

NOTE: Terms and Conditions printed on this order form are subject to change at the sole discretion of IDENTIGENE.

LIT-4033-I © 2010 IDENTIGENE, LLC