The Services include Cherokee DNA’s product catalogue, consisting of the product Cherokee DNA Test, all located at www.cherokeedna.com. Our Services connect you with the World Wide Web for anything relevant to Cherokee genealogy and genetics, whether, for example, it is genealogy, DNA testing, images and graphics, a scientific publication or surnames. In order to help you find what you are looking for, we also may provide you with search results listing some of Cherokee DNA’s advertisers and search listings provided to Cherokee DNA by a third party to supplement the advertiser listings.
The Services act as a system or venue to introduce you to buyers and sellers of goods and services and providers of information.
Cherokee DNA uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, because the Services include content not offered by Cherokee DNA, Cherokee DNA does not control and is not responsible for (i) the quality, safety or legality of items available through or on its advertisers’ websites or the websites of other third parties; (ii) the truth, accuracy or legality of the content available from those advertisers and third parties (even if such content appears on the Services); or (iii) the availability or technical capabilities of the websites of those advertisers and third parties or links to those websites.
Under this Agreement, Cherokee DNA gives you limited permission to access and use the Services only for your personal use. Cherokee DNA also gives you permission to copy, distribute, and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to your personal use of the Services. You may print a copy of information displayed on the Services for your personal use. Except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror any portion of the Services or display any results pages or other information provided by Cherokee DNA on your own website without Cherokee DNA’ express permission.
Your right to access the Services is subject to any limits established by Cherokee DNA. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Cherokee DNA, if any, or authorized in advance and in writing by Cherokee DNA (for example, Cherokee DNA approved third party tools and services). The Cherokee DNA Web Site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limiting the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large burden on our infrastructure (as determined by Cherokee DNA).
Through its contact form, Cherokee DNA offers a place for you to interact with our staff members, other customers, and others interested in the current state of genetics and genealogy. By using the Form, you agree that Cherokee DNA may review and delete any data, text, information, graphics, photos, profiles, audio or video clips, links or other content (collectively, “Content”) that, in the sole judgment of Cherokee DNA, violate this Agreement, or which might be offensive or illegal, or that might threaten the safety of, violate the rights of, or otherwise harm other users. You are solely responsible for the Content that you submit on Cherokee DNA’s Form or transmit to other users.
Cherokee DNA may, but shall have no obligation to, remove Content from the Form 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 this Agreement. Such illegal or unauthorized Content includes Content that:
Other illegal or unauthorized uses of Cherokee DNA’s website include, but are not limited to:
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 Cherokee DNA’s website and banning such violators from using the Services. 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.
Cherokee DNA owns and retains all proprietary rights in this website and the Services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The website and Services contain copyrighted material, trademarks, and other proprietary information belonging to Cherokee DNA and its licensors. Except for information that is in the public domain, or for which you have obtained express and written authorization from Cherokee DNA, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Cherokee DNA provides the Services for informational purposes only. Cherokee DNA uses reasonable care in the presentation and posting of Content on its website. However, Cherokee DNA makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website. BY USING THIS WEBSITE, YOU AGREE THAT THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, NON-INFRINGEMENT OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT.
By using this website, you agree that you, and not Cherokee DNA, are entirely responsible for all content that you upload, post, email or otherwise transmit via the website or the Cherokee DNA Form. The statements and opinions on the website and the Forms are provided by Cherokee DNA as well as various users and outside parties; Cherokee DNA neither endorses nor guarantees the accuracy, integrity, tastefulness, or quality of such statements or opinions. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information opinion, advice or other information available through the website or the Forms. Under no circumstances will Cherokee DNA, its employees, affiliates or any other parties involved in creating, delivering, promoting the Services be liable for any damage caused by reliance on information obtained through the website, the Form, or any part of the Services.
CHEROKEE DNA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Cherokee DNA, ITS EMPLOYEES, AFFILIATES OR ANY OTHER PARTIES INVOLVED IN CREATING, DELIVERING, PROMOTING OR SELLING THE SERVICES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF Cherokee DNA OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL DNA TESTING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR SERVICES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Cherokee DNA is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services should be construed as an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Price listings for Cherokee DNA’s Reports and Products should be construed as an offer to supply the ordered product for the quoted price; see Shipping Policy. Cherokee DNA does not guarantee the price, terms, product, availability and/or services offered by any of its advertisers or other third parties. If you choose to enter into a transaction with any of Cherokee DNA’s advertisers, Cherokee DNA is not responsible for and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with any of Cherokee DNA’s advertisers, you agree to release and hereby release Cherokee DNA (including any officers, directors, agents, affiliates, employees, successors, and assigns) from any claims, demands, or actual or consequential damages of any nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive California Civil Code section 1542, which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to hold harmless and indemnify Cherokee DNA from and against any third party claim arising from or in any way related to your use of Cherokee DNA’s Services, including any loss, cost, expense, damage, liability or alleged liability (including costs of court and reasonable attorneys fees) related to or arising from or in connection with (a) the breach of any provision of this Agreement by you, (b) the violation or alleged violation of any law with respect to your use of the Services, or (c) any actual or alleged infringement of any intellectual property or other right of any third party relating to your membership and use of the Services.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without first obtaining the prior written consent of the owner of such proprietary rights.
Cherokee DNA 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.
Cherokee DNA is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Cherokee DNA has designated an agent to receive notifications of alleged copyright infringement on the Services:
In notifying Cherokee DNA of alleged copyright infringement, you must include the following information:
Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at Online Service Providers.
Cherokee DNA will not arbitrate or resolve trademark disputes among Cherokee DNA’s advertisers or between those advertisers and third parties. However, Cherokee DNA will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue.
Cherokee DNA occasionally receives requests to remove listings from within the Services. Cherokee DNA reserves the right to address such requests on a case-by-case basis.
Cherokee DNA encourages you to use discretion when browsing the Internet and using the Services. The Services 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 Services, you must install your own filtering software.
You should consider any communication that you transmit to Cherokee DNA (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Cherokee DNA will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.
Cherokee DNA reserves the right to modify any feature or function of the Services, or any information presented therein, without prior notice. Cherokee DNA may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Cherokee DNA determines, in its sole discretion, violate this Agreement, the rights of Cherokee DNA or any third party, or are otherwise inappropriate.
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Cherokee DNA’s 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 Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or use of the Services 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.
You may direct any questions concerning this Agreement or notices required by this Agreement to:Cherokee DNA
This Agreement constitutes the entire agreement between you and Cherokee DNA with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Cherokee DNA may amend or modify this Agreement at any time by posting the new terms on its website. This Agreement may not be otherwise amended except in a written document signed by you and Cherokee DNA.
This agreement was last revised on October 11, 2016.