TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF .
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with DNA Is The
Way, also known as, located at 19897 Beverly Park Rd, Estero, Florida 33928 and our
subsidiaries and affiliates, in association with the use of the website, which includes
https://dnaistheway, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
DNA Is The Way is designed to help you by providing DNA testing for weight loss, fitness, aging,
macronutrients and fitness training. We will ship your product upon payment with full instructions
on how to use the product kit.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
“users” of the herein contained Services provided for the purpose of this TOS. Once an individual
register’s for our Services, through the process of creating an account, the user shall then be
considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications and
that those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of DNA Is The Way.
At its discretion, DNA Is The Way may offer additional website Services and/or products, or
update, modify or revise any current content and Services, and this Agreement shall apply to any
and all additional Services and/or products and any and all updated, modified or revised Services
unless otherwise stipulated. DNA Is The Way does hereby reserve the right to cancel and cease
offering any of the aforementioned Services and/or products. You, as the end user and/or
member, acknowledge, accept and agree that DNA Is The Way shall not be held liable for any
such updates, modifications, revisions, suspensions or discontinuance of any of our Services
and/or products. Your continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates, changes and/or
modifications, and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and policies currently in
effect. Should you not agree to the updated, revised or modified terms, you must stop using the
provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided “AS IS” and as such DNA Is The Way shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store
user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into
and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving ‘s Services under the laws and statutes
of the United States or other applicable jurisdiction.
When you register, may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with and sign in to our Services, you are no longer
anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may
be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
DNA Is The Way will have sufficient grounds and rights to suspend or terminate the member in
violation of this aspect of the Agreement, and as such refuse any and all current or future use of
DNA Is The Way Services, or any portion thereof.
It is DNA Is The Way’s priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child
under the age of 13 that permit their child or children access to the website platform Services
must create a “family” account, which will certify that the individual creating the “family” account is
of 18 years of age and as such, the parent or legal guardian of any child or children registered
under the “family” account. As the creator of the “family” account, s/he is thereby granting
permission for his/her child or children to access the various Services provided, including, but not
limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal
guardian’s responsibility to determine whether any of the Services and/or content provided are
age-appropriate for his/her child.
Every member’s registration data and various other personal information are strictly protected by
https://dnaistheway.com/29-2/). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by DNA Is The Way and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify DNA Is The Way immediately if you
notice any unauthorized access or use of your account or password or any other breach of
security. DNA Is The Way shall not be held liable for any loss and/or damage arising from any
failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are
solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Services, and as such, we do not guarantee the accuracy, integrity
or quality of such content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by.
Furthermore, you herein agree not to make use of DNA Is The Way’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with
an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real-time interactions;
j) interfering with or disrupting any DNA Is The Way Services, servers and/or networks that
may be connected or related to our website, including, but not limited to, the use of any
device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a “foreign terrorist organization” in accordance to Section 219 of the Immigration
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
DNA Is The Way herein reserves the right to pre-screen, refuse and/or delete any content
currently available through our Services. In addition, we reserve the right to remove and/or delete
any such content that would violate the TOS or which would otherwise be considered offensive to
other visitors, users and/or members.
DNA Is The Way herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such
action is deemed reasonably necessary for: a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of DNA Is The Way, its visitors, users
and members, including the general public.
DNA Is The Way herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of information and/or
material is subject to usage guidelines and regulations established by DNA Is The Way or any
other content providers supplying content services to DNA Is The Way. You are hereby prohibited
from making any attempt to override or circumvent any of the embedded usage rules in our
Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any
information or materials supplied by our Services, despite whether done so in whole or in part, is
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
DNA Is The Way shall not lay claim to ownership of any content submitted by any visitor,r
member, or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for DNA Is The Way the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
DNA Is The Way’s sites, the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so
long as you are a member of DNA Is The Way’s sites, and shall terminate at such time
when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of DNA Is The Way’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of DNA Is The Way’s sites and shall terminate at
such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of DNA Is The Way’s sites, the continuous, binding and completely sub-licensable
license which is meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in whole or in part,
and the incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those areas which may be deemed “publicly accessible” areas of DNA Is The Way’s sites are
those such areas of our network properties which are meant to be available to the general public,
and which would include message boards and groups that are openly available to both users and
CONTRIBUTIONS TO COMPANY WEBSITE
DNA Is The Way provides an area for our users and members to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to
our site, you acknowledge and agree that:a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of; and
e) is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
All users and/or members herein agree to insure and hold DNA Is The Way, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney fees made by any
third party which may arise from any content a member or user of our site may submit, post,
modify, transmit or otherwise make available through our Services, the use of Services or your
connection with these Services, your violations of the Terms of Service and/or your violation of
any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to ‘s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that DNA Is The Way may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of days that any
email, message posting or any other uploaded content shall be retained by DNA Is The Way, nor
the maximum number of email messages that may be sent and/or received by any member, the
maximum volume or size of any email message that may be sent from or may be received by an
an account on our Service, the maximum disk space allowable that shall be allocated on DNA Is The
Way’s servers on the member’s behalf, and/or the maximum number of times and/or duration that
any member may access our Services in a given period of time. In addition, you also agree that
DNA Is The Way has absolutely no responsibility or liability for the removal or failure to maintain
storage of any messages and/or other communications or content maintained or transmitted by
our Services. You also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of time. Furthermore, DNA Is The Way
shall reserve the right to modify, alter and/or update these general practices and limits at our
DNA Is The Way shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of https://dnaistheway, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
As a member, you agree that DNA Is The Way may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your
account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
https://dnaistheway account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with https://dnaistheway shall include any and/or all of the
a) the removal of any access to all or part of the Services offered within https://dnaistheway;
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that DNA Is The Way shall not be held responsible or
liable for any loss or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
Either DNA Is The Way or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from such third party
sites or resources. Furthermore, you acknowledge and agree that DNA Is The Way shall not be
responsible or liable, directly or indirectly, for any such damage or loss which may be a result of,
caused or alleged to be caused by or in connection with the use of or the reliance on any such
content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that DNA Is The Way’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain proprietary
and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is
protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by DNA Is The
Way or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
DNA Is The Way Services (e.g. Content or Software), in whole or part.
DNA Is The Way herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work
from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any
source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of the Software,
including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other
than through the interface which is provided by DNA Is The Way for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF DNA IS THE WAY SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
AND/OR “AS AVAILABLE” BASIS. DNA IS THE WAY AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) DNA IS THE WAY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) DNA IS THE
WAY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)DNA IS THE
WAY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE
USE OF THE DNA IS THE WAY SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF DNA IS THE WAY SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM DNA IS THE WAY OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DNA IS THE WAY
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release DNA Is The Way (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in
any way connected to such a dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware” is
appropriate. DNA Is The Way’s content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended for trading or investing
purposes. DNA Is The Way and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available by way of our
Services, and shall not be responsible or liable for any trading and/or investment decisions based
on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
DNA Is The Way may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your
agreement that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the DNA Is The Way trademarks,
copyright, trade name, service marks, and other DNA Is The Way logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property
of DNA Is The Way. You herein agree not to display and/or use in any manner the DNA Is The
Way logo or marks without obtaining DNA Is The Way’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
DNA Is The Way will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, DNA Is
The Way may disable and/or terminate the accounts of any user who violates our TOS and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way that
would constitute copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
The DNA Is The Way Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
DNA Is The Way
Attn: Copyright Agent
19897 Beverly Park Rd
Estero, Florida 33928
BE IT KNOWN, that DNA Is The Way complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more
information, please visit our website at https://dnaistheway.
This TOS constitutes the entire agreement between you and DNA Is The Way and shall govern
the use of our Services, superseding any prior version of this TOS between you and us with
respect to DNA Is The Way Services. You may also be subject to additional terms and conditions
that may apply when you use or purchase certain other DNA Is The Way Services, affiliate
Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and DNA Is The Way with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Florida without
regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and DNA Is The
Way, shall be filed within the courts having jurisdiction within the County ofLee, Florida or the
U.S. District Court located in said state. You and DNA Is The Way agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the
exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should DNA Is The Way fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 the provision, and the
other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to DNA Is The Way as follows:
DNA Is The Way
19897 Beverly Park Rd
Estero, Florida 33928
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