Acceptance of Terms
This document outlines important information regarding your rights, obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.
These terms mandate individual arbitration for dispute resolution, instead of jury trials or class actions.
By placing an order for DNA testing services from this website, you confirm your acceptance and agreement to be bound by these terms and conditions. You also confirm that you have the legal authority to purchase our DNA testing services. If you are ordering on behalf of an organization or company, you affirm that you have the legal authority to bind that 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 restricted by law from accessing or using this website or any of its contents or services.
Who We Are
Welcome to the website operated by MediVibe Labs LLC (“we,” “us,” “Medivibe Labs,” or “our”). These terms and conditions (“Terms of Use”) govern your access to and use of the Medivibelabs.com website, including any content, functionality, and services offered on or through Medivibelabs.com (the “Site”) or any affiliated websites, collectively referred to as the “Medivibelabs Sites.”
Summary and Quick Links to Agreements You Should Know
Please read these Terms of Use carefully before using this Site, any other Medivibelabs Site, or purchasing any DNA testing services (“Services”) from us. By using this Site or any Medivibelabs Site, you agree to be bound by these Terms of Use as well as our Privacy Policy, which is incorporated by reference. If you do not agree with the Terms of Use or Privacy Policy, you must not access or use this Site or any other Medivibelabs Site. Capitalized terms not defined in these Terms of Use will have the meanings assigned to them in our other policies (e.g., our Privacy Policy).
Data Privacy: How We Handle Your Information
We do not sell your information. All data we collect about you, including your activity on the Site, is governed by our Privacy Policy. By using the Site, you consent to the actions we take with your information in accordance with our Privacy Policy.
Changes to Our Terms
We may revise these terms and conditions, including our Privacy Policy, from time to time. All updates are at our sole discretion and take effect immediately upon posting. These changes will apply to all future access to and use of the Site. By continuing to use or revisit the Site after any updates, you agree to the revised terms. Please review our Terms of Use and Privacy Policy periodically to stay informed of any changes, which will be binding. The effective date of the Terms of Use is listed at the top of this page.
Changes to Our Terms
We may revise these terms and conditions, including our Privacy Policy, from time to time. All updates are at our sole discretion and take effect immediately upon posting. These changes will apply to all future access to and use of the Site. By continuing to use or revisit the Site after any updates, you agree to the revised terms. Please review our Terms of Use and Privacy Policy periodically to stay informed of any changes, which will be binding. The effective date of the Terms of Use is listed at the top of this page.
Order of Precedence
Certain services on the Site may have specific terms and conditions (“User Agreement”). In case of any conflict between these Terms of Use and a User Agreement, the User Agreement will take precedence.
No Construction Against Drafter
These Terms of Use and our Privacy Policy will not be interpreted against us solely because we authored them.Specific Terms and Conditions for Testing Services
Order Acceptance and Cancellation
By placing an order, you are making an offer to purchase the products and services listed, subject to these Terms. We must accept all orders before being obligated to sell to you. We reserve the right to decline orders at our sole discretion, even after sending a confirmation email containing your order number and details.
Return Policy for Home Paternity Test Kits
If you wish to return your Home Paternity Test Kit (“the Kit”) within 30 days of purchase and before using it, a non-refundable 25% restocking fee will apply. To qualify for a refund, the unused Kit must be returned to us with the provided return label. Refunds will be processed 7-10 business days after the unused Kit is received by the lab. Used Kits are non-refundable due to the sanitary nature of the materials.
Prices
Prices listed on this Site may differ from those offered on other platforms. All prices, discounts, and promotions on this Site are subject to change without notice. The price charged will be the one in effect at the time of your order, as specified in the confirmation email. Price changes will only affect future orders. We strive for accuracy but reserve the right to correct any errors, inaccuracies, or omissions in pricing and availability, including the right to cancel orders resulting from such issues.Payment Information
Payment terms are at our sole discretion, and unless agreed otherwise in writing, we must receive payment before accepting your order. You represent and warrant that: (i) the payment information you provide is true, accurate, and complete; (ii) you are authorized to use the payment card provided; (iii) your charges will be honored by your credit card company or financial institution; and (iv) you agree to pay the posted prices at the time of your order, regardless of any quoted amounts on the Site.
Shipments, Delivery, Title, and Risk of Loss
We will arrange the shipment of your products, but title and risk of loss for your Testing Kit pass to the carrier once the kit is handed over. Shipping and delivery dates are estimates and not guaranteed. We are not responsible for delays caused by the carrier. However, we will work with you and the carrier to locate any lost Testing Kits or, in cases where the kit is damaged or deemed unrecoverable after a reasonable search, provide a replacement. The decision to offer a new kit will be made on a case-by-case basis, but we will strive to find a fair and equitable solution, taking into account your feedback and that of the carrier.
Returns and Refunds
We offer refunds, credits, or replacement kits under the following circumstances:
- Multiple Reruns Required for DNA Test Results
Approximately 10% of samples may require rerunning. If we are unable to generate your DNA results after two reruns, you may cancel your order and receive a full refund, account credit, or request a replacement kit. - Results Delayed Beyond 30 Days
While we cannot guarantee a specific date for your results, most customers receive their DNA reports within 3 business days after the lab receives their sample. If a delay of more than 30 days occurs due to an issue on our end, you may cancel your order for a full refund, account credit, or request a replacement kit. Delays caused by carriers (e.g., lost or damaged kits) or tester issues (e.g., incomplete or corroded samples) do not count toward the 30-day period.
Damaged DNA Kit or Missing Collection Materials
If your Testing Kit arrives damaged or missing necessary collection materials, please text 1-888-xxx-xxxx so we can send you a replacement kit.
Unused DNA Kits
You may return unused DNA Testing Kits within 10 days of shipment for a refund, minus the original shipping and handling costs. A valid proof of purchase is required, and the kit must be unused. To initiate a return, please text 1-888-xxx-xxxx or email our Customer Service Team at support@medivibelabs.com.
You are responsible for all return shipping and handling charges unless specified otherwise. The risk of loss during shipment is yours, so we strongly recommend insuring your return shipment and using a carrier that can provide proof of delivery. All returns are subject to a 25% restocking fee.
Refunds are processed within approximately 10 business days of receiving the returned Testing Kit. The refund will be credited back to the same payment method used for the original purchase.
Accessing the Site and Account Security
We reserve the right to modify or discontinue the Site, including any services we offer, at our discretion without prior notice. We are not liable if the Site or any part of it is unavailable at any time or for any duration. We may restrict access to certain parts of the Site or limit the geographical areas where services are available.
To purchase services from our Site, you may be required to provide registration details or other information. It is your responsibility to ensure that all information provided is truthful and complete. You must not use our services for fraudulent or illegal activities, nor allow others to do so. All information you provide is subject to these Terms of Use and our Privacy Policy, and you consent to all actions we take regarding your information as described in the Privacy Policy.
You agree that our services are personal to you, and you will not share your access credentials with anyone else. If you suspect unauthorized use of your account or any breach of security, you must notify us immediately. Be particularly cautious when accessing your order information or test results on public or shared computers to prevent unauthorized viewing of your personal information. We may rely on the authority of anyone accessing your order or test results with your credentials and will not be held liable for any damages or liabilities resulting from this.
We may store, transmit, receive, or access your data on our servers or those of our service providers, which may be located inside or outside of the United States.
Intellectual Property Rights
We hold intellectual property rights, including but not limited to trademark rights, over this Site and its contents. This includes all logos, phrases, slogans, text, images, videos, audio, the design and arrangement of the Site, and any software owned by us, our licensors, or other material providers. These materials are protected by U.S. copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in the Site or its content is transferred to you, and we reserve all rights not expressly granted in these Terms of Use. Any unauthorized use of the Site is a violation of these Terms and may breach copyright, trademark, and other laws.
Permitted Uses
You are granted a limited right to use the Site for personal, non-commercial purposes. You are not authorized to modify, damage, create derivative works of, publicly display, download, store, transmit, reproduce, distribute, reverse engineer, or monitor the Site using tracking tools such as cookies, malware, spyware, plugins, or geolocation beacons, without prior written permission from our Legal Department (compliance@medivibelabs.com). Permissible uses of the Site’s materials include:
- Storing temporary copies of materials in your computer’s RAM during your browsing session.
- Caching files that are automatically saved by your web browser for display enhancement purposes.
- Printing or downloading a reasonable number of pages from the Site for personal, non-commercial use, without further reproduction or distribution.
- Downloading a single copy of any desktop, mobile, or other applications we provide, as long as the use is personal and non-commercial and you agree to the terms of our end user license agreement.
- Utilizing social media features provided by us to share posts through enabled social media links.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. Prohibited activities include, but are not limited to:
- Violating any applicable laws or regulations, including U.S. export laws.
- Exploiting or harming minors, including exposing them to inappropriate content or requesting personally identifiable information.
- Sending unauthorized advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations.
- Impersonating us, our employees, or other users.
- Engaging in conduct that restricts or inhibits others’ use of the Site, or that may harm us, our users, or expose them to liability.
- Overloading, damaging, or interfering with the functionality of the Site or impairing others’ ability to engage in real-time activities.
- Modifying any materials from the Site.
- Separating and using images, videos, or graphics independently of the accompanying text.
- Removing or altering any copyright, trademark, or proprietary notices from the Site’s materials.
- Using any part of the Site for commercial purposes without authorization.
- Employing automated devices (e.g., robots, spiders) to access the Site for monitoring or copying material without permission.
- Using manual methods to monitor or copy material from the Site without prior written consent.
- Introducing malicious software, such as viruses, Trojan horses, or worms.
- Attempting unauthorized access to the Site, its servers, or related databases.
- Launching denial-of-service attacks on the Site or attempting to disrupt its proper functioning in any way.
Reliance on Information Provided
The information available on or through the Site is intended solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability 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 its contents. The Site may include content provided by third parties, such as other users, bloggers, licensors, syndicators, or reporting services. All statements, opinions, and content provided by these third parties are solely the responsibility of the person or entity providing them and do not necessarily reflect our views. We are not responsible or liable for the content or accuracy of materials provided by any third parties.
No Medical Advice Provided
The information found on the Site and through our Services is not intended as a substitute for professional medical advice. Always consult your physician or a qualified healthcare provider regarding any medical concerns or questions.
Links to Third-Party Websites and Resources
The Site may contain links to other websites and resources provided by third parties. These links are provided for your convenience only, including those in social media posts, advertisements, or sponsored content. We do not control the content of these third-party websites or resources and accept no responsibility for any loss or damage arising from your use of them. If you choose to access any third-party websites linked to the Site, you do so at your own risk and subject to the terms and conditions of those websites.
Disclaimer of Warranties
We cannot and do not guarantee or warrant that any files or content available for download from the Site, the internet, or other Medivibe Labs websites will be free from viruses, malware, or other harmful code. You are responsible for maintaining adequate anti-virus protection and backup systems to safeguard your data. WE ARE NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ANY LINKED WEBSITE.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK AND PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.
Neither we nor any of our providers, partners, or affiliates make any warranties regarding the completeness, security, reliability, quality, accuracy, availability, or operation of the Site or its contents. Specifically, we do not warrant that the Site, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Site or its servers are free of viruses, malware, or other harmful components; or that the Site or any services or items obtained will meet your needs or expectations. No advice or information obtained by you from us or through the Site or services will create any warranty not explicitly stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, QUIET ENJOYMENT, ACCURACY OF DATA, SYSTEM INTEGRATION, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY MEDIVIBELABS SITE, OR ANY LINKED WEBSITES. THIS INCLUDES, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER FINANCIAL LOSSES.
These disclaimers do not affect any warranties that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of statutory consumer rights, so some of these exclusions may not apply to you.
Limitation of Liability
We limit our liability to the fullest extent permitted by law. We will not be responsible for any unintentional, incidental, or consequential damages, or for any loss or claim of any kind. Certain jurisdictions do not allow broad limitations on liability, so if you live in such a jurisdiction, some of these limitations may not apply to you. If you are dissatisfied with any part of the Services or these Terms, your sole remedy is to stop using the Site and our Services.
In any matter related to the Services or these Terms, our total liability is limited to the lesser of (i) one hundred U.S. dollars (USD $100.00) or (ii) the total amount you paid us for the Services immediately before the event that gave rise to the liability. This limitation applies in full to residents of New Jersey.
Additionally, to the fullest extent allowed by law, neither we nor our affiliates, licensors, or service providers will be liable for any issues arising from or related to your use of or inability to use the Site or Services, including but not limited to:
- Actions taken based on information received through the Site or Services;
- Your failure to keep account information secure and confidential;
- Costs for procuring substitute goods or services;
- Unauthorized use of the Services by someone claiming to have authority;
- Statements or actions of third parties on the Services.
These limitations apply regardless of the legal theory behind the claim, whether it’s contract, tort (including negligence), or any other cause of action, and even if the damages were foreseeable or we had been advised of their possibility.
We do not guarantee continuous, uninterrupted, or secure access to the Site or the Services. The Site’s operation may be affected by factors outside our control. Under no circumstances will we be liable for any damages resulting from the use of or inability to use the Site, including but not limited to reliance on information obtained from the Site, or for errors, omissions, interruptions, delays, viruses, or system failures caused by circumstances such as acts of nature, communication failures, theft, destruction, or unauthorized access to our systems.
You acknowledge that this limitation applies to all content, data, and information submitted to the Site.
Indemnification
You shall indemnify, defend and hold the Company, our suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company arising out of or relating to: (a) your access to or use of the Site; (b) your violation of these Conditions; (c) the infringement by you, or any third party using your account, of any intellectual property, privacy or other right of any person or entity; (d) your use of the Service; (e) the samples you provide to the Company; or (f) your User Generated Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Termination
You may delete your account at any time for any reason by sending an email to support@medivibelabs.com. We reserve the right to terminate your use of the Site, your account, and our Services at any time for any reason or no reason. You understand that the termination of your account will not entitle you to a refund and may result in the deletion of your information from our system. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCOUNT OR LOSS OF ACCESS TO THE SITE OR OUR SERVICES.
DMCA Notification
We respect the intellectual property rights of others. If you believe that any content on the Site infringes upon your intellectual property rights, you can report this violation in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). To report an alleged infringement, please provide the following information:
- A description of the copyrighted work or intellectual property that you believe has been infringed;
- The specific location of the infringing material on the Site (including the exact URL);
- Your contact information, including your address, phone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright or intellectual property rights owner, their agent, or by law;
- A statement, made under penalty of perjury, confirming that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner; and,
- Your electronic or physical signature, or that of the person authorized to act on behalf of the copyright or intellectual property owner.
We may request additional information before removing any allegedly infringing material. You can report a copyright violation by providing the above information to:
Legal Department
MediVibe Labs LLC
Attention: Legal Department
8 The Green, Suite ADover, DE 19901, USA
Email: compliance@medivibelabs.com
Governing Law and Jurisdiction
All matters concerning the Site and these Terms of Use, including any disputes or claims arising from them (including non-contractual disputes or claims), will be governed by the laws of the State of Delaware, regardless of where you access the Site or Services, and notwithstanding any conflict 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, nor in any other proceeding where either party acts or proposes to act in a representative capacity. Each party waives the right to assert consolidated claims regarding any disputes subject to arbitration under these Terms of Use. No arbitration or proceeding will be combined with another without the prior written consent of all parties involved. If the prohibition on class arbitration is found to be invalid or unenforceable, the remaining provisions of the arbitration agreement will remain in effect.
Dispute Resolution
In the event of a dispute, claim, controversy, question, or disagreement (collectively referred to as a “Dispute”) arising from or related to these Terms of Use, the Site, any other Medivibe Labs Site, our Privacy Policy, or our Services, we and you (collectively, the “Parties”) will make our best efforts to settle the Dispute amicably. To this end, the Parties will negotiate in good faith to reach a fair and equitable solution. Mediation may be conducted remotely at a time convenient for all Parties. If the Parties do not reach a resolution within thirty (30) days, all Disputes shall be resolved through binding arbitration, either remotely or in person in dover, Delaware, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). The Parties will work to make the arbitration process as convenient as possible. This arbitration agreement will be enforceable in any court with jurisdiction.
Notice of a demand for arbitration must be filed in writing with the other party and the AAA within a reasonable time after the dispute arises, but no later than the deadline established by applicable statutes of limitations. The Parties agree that one (1) arbitrator will resolve the dispute, chosen by mutual agreement. If the Parties cannot agree on an arbitrator within twenty (20) days of the demand for arbitration, the selection will be made according to the Commercial Arbitration Rules of the AAA from its panel of business arbitrators. The arbitrator has sole authority to determine whether the claims are subject to this dispute resolution agreement. The arbitrator’s decision will be in writing, final, and enforceable in any court with appropriate jurisdiction. The arbitrator’s decision may only be appealed to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, which the Parties agree shall apply. Arbitration and AAA fees will be shared equally by the Parties.
Either party may file a claim related to intellectual property rights or seek temporary or preliminary relief in any court of competent jurisdiction without the requirement of bond or other security.
Limitation of Time to File Claims
Any action, claim, or dispute against us must be filed within one year unless prohibited by applicable law. To the extent permitted by law, any claims or disputes under these Terms of Use, our Privacy Policy, or the use 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 is not filed within this timeframe, it will be permanently barred.
Relationship of the Parties
Unless expressly stated otherwise in writing, neither you nor MediVibe Labs will represent themselves as being sponsored, endorsed, partnered, or employed by the other party or its affiliates and service providers.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the entire agreement between you and us regarding the Site and supersede all prior agreements, whether written or oral. No failure to exercise or delay in exercising any right under these Terms shall be deemed a waiver of that right, nor shall any single or partial exercise of any right preclude further exercise of that or any other right. In case of a conflict between these Terms of Use and any other terms, the provisions of these Terms of Use shall prevail. If any provision is found to be illegal or unenforceable, the remainder will be adjusted to achieve its intended effect, while all other provisions will continue in full force and effect. Section headings are for convenience only and do not affect interpretation.
Your Comments and Concerns
This website is operated by MediVibe Labs LLC. Please direct all feedback, comments, requests for technical support, and other communications related to the Site support@medivibelabs.com.