PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
\nACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
\nBOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
\nTHE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
\nTO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
\nYOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
\nPLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
\nSERVICE AGREEMENT IS EFFECTIVE AS OF .<\/p>\n
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
\ngovern the relationship with our users and others which may interact or interface with DNA Is The
\nWay, also known as, located at 19897 Beverly Park Rd, Estero, Florida 33928 and our
\nsubsidiaries and affiliates, in association with the use of the website, which includes
\nhttps:\/\/dnaistheway, (the “Site”) and its Services, which shall be defined below.<\/p>\n
The Site is an e-commerce website which has the following description:
\nDNA Is The Way is designed to help you by providing DNA testing for weight loss, fitness, aging,
\nmacronutrients and fitness training. We will ship your product upon payment with full instructions
\non how to use the product kit.<\/p>\n
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
\n“users” of the herein contained Services provided for the purpose of this TOS. Once an individual
\nregister’s for our Services, through the process of creating an account, the user shall then be
\nconsidered a “member.”<\/p>\n
The user and\/or member acknowledges and agrees that the Services provided and made
\navailable through our website and applications, which may include some mobile applications and
\nthat those applications may be made available on various social media networking sites and
\nnumerous other platforms and downloadable programs, are the sole property of DNA Is The Way.
\nAt its discretion, DNA Is The Way may offer additional website Services and\/or products, or
\nupdate, modify or revise any current content and Services, and this Agreement shall apply to any
\nand all additional Services and\/or products and any and all updated, modified or revised Services
\nunless otherwise stipulated. DNA Is The Way does hereby reserve the right to cancel and cease
\noffering any of the aforementioned Services and\/or products. You, as the end user and\/or
\nmember, acknowledge, accept and agree that DNA Is The Way shall not be held liable for any
\nsuch updates, modifications, revisions, suspensions or discontinuance of any of our Services
\nand\/or products. Your continued use of the Services provided, after such posting of any updates,
\nchanges, and\/or modifications shall constitute your acceptance of such updates, changes and\/or
\nmodifications, and as such, frequent review of this Agreement and any and all applicable terms
\nand policies should be made by you to ensure you are aware of all terms and policies currently in
\neffect. Should you not agree to the updated, revised or modified terms, you must stop using the
\nprovided Services forthwith.<\/p>\n
Furthermore, the user and\/or member understands, acknowledges and agrees that the Services
\noffered shall be provided “AS IS” and as such DNA Is The Way shall not assume any
\nresponsibility or obligation for the timeliness, missed delivery, deletion and\/or any failure to store
\nuser content, communication or personalization settings.<\/p>\n
To register and become a “member” of the Site, you must be at least 18 years of age to enter into
\nand form a legally binding contract. In addition, you must be in good standing and not an
\nindividual that has been previously barred from receiving ‘s Services under the laws and statutes
\nof the United States or other applicable jurisdiction.<\/p>\n
When you register, may collect information such as your name, e-mail address, birth date,
\ngender, mailing address, occupation, industry and personal interests. You can edit your account
\ninformation at any time. Once you register with and sign in to our Services, you are no longer
\nanonymous to us.<\/p>\n
Furthermore, the registering party hereby acknowledges, understands and agrees to:
\na) furnish factual, correct, current and complete information with regards to yourself as may
\nbe requested by the data registration process, and
\nb) maintain and promptly update your registration and profile information in an effort to
\nmaintain accuracy and completeness at all times.<\/p>\n
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
\nDNA Is The Way will have sufficient grounds and rights to suspend or terminate the member in
\nviolation of this aspect of the Agreement, and as such refuse any and all current or future use of<\/p>\n
DNA Is The Way Services, or any portion thereof.<\/p>\n
It is DNA Is The Way’s priority to ensure the safety and privacy of all its visitors, users and
\nmembers, especially that of children. Therefore, it is for this reason that the parents of any child
\nunder the age of 13 that permit their child or children access to the website platform Services
\nmust create a “family” account, which will certify that the individual creating the “family” account is
\nof 18 years of age and as such, the parent or legal guardian of any child or children registered
\nunder the “family” account. As the creator of the “family” account, s\/he is thereby granting
\npermission for his\/her child or children to access the various Services provided, including, but not
\nlimited to, message boards, email, and\/or instant messaging. It is the parent’s and\/or legal
\nguardian’s responsibility to determine whether any of the Services and\/or content provided are
\nage-appropriate for his\/her child.<\/p>\n
Every member’s registration data and various other personal information are strictly protected by
\nt h e DNA Is The Way Online Privacy Policy (see the full Privacy Policy at<\/p>\n
https:\/\/dnaistheway.com\/29-2\/). As a member, you herein consent to the collection and use of the
\ninformation provided, including the transfer of information within the United States and\/or other
\ncountries for storage, processing or use by DNA Is The Way and\/or our subsidiaries and affiliates.<\/p>\n
When you set up an account, you are the sole authorized user of your account. You shall be
\nresponsible for maintaining the secrecy and confidentiality of your password and for all activities
\nthat transpire on or within your account. It is your responsibility for any act or omission of any
\nuser(s) that access your account information that, if undertaken by you, would be deemed a
\nviolation of the TOS. It shall be your responsibility to notify DNA Is The Way immediately if you
\nnotice any unauthorized access or use of your account or password or any other breach of
\nsecurity. DNA Is The Way shall not be held liable for any loss and\/or damage arising from any
\nfailure to comply with this term and\/or condition of the TOS.<\/p>\n
As a user or member of the Site, you herein acknowledge, understand and agree that all
\ninformation, text, software, data, photographs, music, video, messages, tags or any other
\ncontent, whether it is publicly or privately posted and\/or transmitted, is the expressed sole
\nresponsibility of the individual from whom the content originated. In short, this means that you are
\nsolely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise
\nmade available by way of the Services, and as such, we do not guarantee the accuracy, integrity
\nor quality of such content. It is expressly understood that by use of our Services, you may be
\nexposed to content including, but not limited to, any errors or omissions in any content posted,
\nand\/or any loss or damage of any kind incurred as a result of the use of any content posted,
\nemailed, transmitted or otherwise made available by.<\/p>\n
Furthermore, you herein agree not to make use of DNA Is The Way’s Services for the purpose of:
\na) uploading, posting, emailing, transmitting, or otherwise making available any content that
\nshall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
\nvulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and\/or
\nracially, ethnically, or otherwise objectionable;
\nb) causing harm to minors in any manner whatsoever;
\nc) impersonating any individual or entity, including, but not limited to, any officials, forum
\nleaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with
\nan individual or entity;
\nd) forging captions, headings or titles or otherwise offering any content that you personally
\nhave no right to pursuant to any law nor having any contractual or fiduciary relationship
\nwith;
\ne) uploading, posting, emailing, transmitting or otherwise offering any such content that may
\ninfringe upon any patent, copyright, trademark, or any other proprietary or intellectual
\nrights of any other party;
\nf) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
\npersonally have any right to offer pursuant to any law or in accordance with any
\ncontractual or fiduciary relationship;
\ng) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
\nunauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
\nsolicitation, except in any such areas that may have been designated for such purpose;
\nh) uploading, posting, emailing, transmitting, or otherwise offering any source that may
\ncontain a software virus or other computer code, any files and\/or programs which have
\nbeen designed to interfere, destroy and\/or limit the operation of any computer software,
\nhardware, or telecommunication equipment;
\ni) disrupting the normal flow of communication, or otherwise acting in any manner that would
\nnegatively affect other users’ ability to participate in any real-time interactions;
\nj) interfering with or disrupting any DNA Is The Way Services, servers and\/or networks that
\nmay be connected or related to our website, including, but not limited to, the use of any
\ndevice software and\/or routine to bypass the robot exclusion headers;
\nk) intentionally or unintentionally violating any local, state, federal, national or international
\nlaw, including, but not limited to, rules, guidelines, and\/or regulations decreed by the U.S.
\nSecurities and Exchange Commission, in addition to any rules of any nation or other
\nsecurities exchange, that would include without limitation, the New York Stock Exchange,
\nthe American Stock Exchange, or the NASDAQ, and any regulations having the force of
\nlaw;
\nl) providing informational support or resources, concealing and\/or disguising the character,
\nlocation, and or source to any organization delegated by the United States government as
\na “foreign terrorist organization” in accordance to Section 219 of the Immigration
\nNationality Act;
\nm) “stalking” or with the intent to otherwise harass another individual; and\/or
\nn) collecting or storing of any personal data relating to any other member or user in
\nconnection with the prohibited conduct and\/or activities which have been set forth in the
\naforementioned paragraphs.<\/p>\n
DNA Is The Way herein reserves the right to pre-screen, refuse and\/or delete any content
\ncurrently available through our Services. In addition, we reserve the right to remove and\/or delete
\nany such content that would violate the TOS or which would otherwise be considered offensive to
\nother visitors, users and\/or members.<\/p>\n
DNA Is The Way herein reserves the right to access, preserve and\/or disclose member account
\ninformation and\/or content if it is requested to do so by law or in good faith belief that any such
\naction is deemed reasonably necessary for: a) compliance with any legal process;
\nb) enforcement of the TOS;
\nc) responding to any claim that therein contained content is in violation of the rights of any
\nthird party;
\nd) responding to requests for customer service; or
\ne) protecting the rights, property or the personal safety of DNA Is The Way, its visitors, users
\nand members, including the general public.<\/p>\n
DNA Is The Way herein reserves the right to include the use of security components that may
\npermit digital information or material to be protected, and that such use of information and\/or
\nmaterial is subject to usage guidelines and regulations established by DNA Is The Way or any
\nother content providers supplying content services to DNA Is The Way. You are hereby prohibited
\nfrom making any attempt to override or circumvent any of the embedded usage rules in our
\nServices. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any
\ninformation or materials supplied by our Services, despite whether done so in whole or in part, is
\nexpressly prohibited.<\/p>\n
Due to the global nature of the internet, through the use of our network you hereby agree to
\ncomply with all local rules relating to online conduct and that which is considered acceptable
\nContent. Uploading, posting and\/or transferring of software, technology and other technical data
\nmay be subject to the export and import laws of the United States and possibly other countries.
\nThrough the use of our network, you thus agree to comply with all applicable export and import
\nlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations
\n(http:\/\/www.access.gpo.gov\/bis\/ear\/ear_data.html), as well as the sanctions control program of
\nthe United States (http:\/\/www.treasury.gov\/resourcecenter\/sanctions\/Programs\/Pages\/Programs.aspx).<\/p>\n
Furthermore, you state and pledge that you:
\na) are not on the list of prohibited individuals which may be identified on any government
\nexport exclusion report (http:\/\/www.bis.doc.gov\/complianceandenforcement\/liststocheck.htm)
\nnor a member of any other government which may be part of an export-prohibited country
\nidentified in applicable export and import laws and regulations;
\nb) agree not to transfer any software, technology or any other technical data through the use
\nof our network Services to any export-prohibited country;
\nc) agree not to use our website network Services for any military, nuclear, missile, chemical
\nor biological weaponry end uses that would be a violation of the U.S. export laws; and
\nd) agree not to post, transfer nor upload any software, technology or any other technical data
\nwhich would be in violation of the U.S. or other applicable export and\/or import laws.<\/p>\n
DNA Is The Way shall not lay claim to ownership of any content submitted by any visitor,r
\nmember, or user, nor make such content available for inclusion on our website Services.<\/p>\n
Therefore, you hereby grant and allow for DNA Is The Way the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
\na) The content submitted or made available for inclusion on the publicly accessible areas of
\nDNA Is The Way’s sites, the license provided to permit to use, distribute, reproduce,
\nmodify, adapt, publicly perform and\/or publicly display said Content on our network
\nServices is for the sole purpose of providing and promoting the specific area to which this
\ncontent was placed and\/or made available for viewing. This license shall be available so
\nlong as you are a member of DNA Is The Way’s sites, and shall terminate at such time
\nwhen you elect to discontinue your membership.
\nb) Photos, audio, video and\/or graphics submitted or made available for inclusion on the
\npublicly accessible areas of DNA Is The Way’s sites, the license provided to permit to use,
\ndistribute, reproduce, modify, adapt, publicly perform and\/or publicly display said Content
\non our network Services are for the sole purpose of providing and promoting the specific
\narea in which this content was placed and\/or made available for viewing. This license shall
\nbe available so long as you are a member of DNA Is The Way’s sites and shall terminate at
\nsuch time when you elect to discontinue your membership.
\nc) For any other content submitted or made available for inclusion on the publicly accessible
\nareas of DNA Is The Way’s sites, the continuous, binding and completely sub-licensable
\nlicense which is meant to permit to use, distribute, reproduce, modify, adapt, publish,
\ntranslate, publicly perform and\/or publicly display said content, whether in whole or in part,
\nand the incorporation of any such Content into other works in any arrangement or medium
\ncurrent used or later developed.<\/p>\n
Those areas which may be deemed “publicly accessible” areas of DNA Is The Way’s sites are
\nthose such areas of our network properties which are meant to be available to the general public,
\nand which would include message boards and groups that are openly available to both users and
\nmembers.<\/p>\n
DNA Is The Way provides an area for our users and members to contribute feedback to our
\nwebsite. When you submit ideas, documents, suggestions and\/or proposals (“Contributions”) to
\nour site, you acknowledge and agree that:a) your contributions do not contain any type of confidential or proprietary information;
\nb) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
\nor implied, related to any Contributions;
\nc) shall be entitled to make use of and\/or disclose any such Contributions in any such
\nmanner as they may see fit;
\nd) the contributor’s Contributions shall automatically become the sole property of; and
\ne) is under no obligation to either compensate or provide any form of reimbursement in any
\nmanner or nature.<\/p>\n
All users and\/or members herein agree to insure and hold DNA Is The Way, our subsidiaries,
\naffiliates, agents, employees, officers, partners and\/or licensors blameless or not liable for any
\nclaim or demand, which may include, but is not limited to, reasonable attorney fees made by any
\nthird party which may arise from any content a member or user of our site may submit, post,
\nmodify, transmit or otherwise make available through our Services, the use of Services or your
\nconnection with these Services, your violations of the Terms of Service and\/or your violation of
\nany such rights of another person.<\/p>\n
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
\nfor any commercial reason any part, use of, or access to ‘s sites.<\/p>\n
You herein acknowledge that DNA Is The Way may set up any such practices and\/or limits
\nregarding the use of our Services, without limitation of the maximum number of days that any
\nemail, message posting or any other uploaded content shall be retained by DNA Is The Way, nor
\nthe maximum number of email messages that may be sent and\/or received by any member, the
\nmaximum volume or size of any email message that may be sent from or may be received by an
\nan account on our Service, the maximum disk space allowable that shall be allocated on DNA Is The
\nWay’s servers on the member’s behalf, and\/or the maximum number of times and\/or duration that
\nany member may access our Services in a given period of time. In addition, you also agree that
\nDNA Is The Way has absolutely no responsibility or liability for the removal or failure to maintain
\nstorage of any messages and\/or other communications or content maintained or transmitted by
\nour Services. You also herein acknowledge that we reserve the right to delete or remove any
\naccount that is no longer active for an extended period of time. Furthermore, DNA Is The Way
\nshall reserve the right to modify, alter and\/or update these general practices and limits at our
\ndiscretion.<\/p>\n
DNA Is The Way shall reserve the right at any time it may deem fit, to modify, alter and or
\ndiscontinue, whether temporarily or permanently, our service, or any part thereof, with or without
\nprior notice. In addition, we shall not be held liable to you or to any third party for any such
\nalteration, modification, suspension and\/or discontinuance of our Services, or any part thereof.<\/p>\n
As a member of https:\/\/dnaistheway, you may cancel or terminate your account, associated email
\naddress and\/or access to our Services by submitting a cancellation or termination request to
\nljmalive2@gmail.com.<\/p>\n
As a member, you agree that DNA Is The Way may, without any prior written notice, immediately
\nsuspend, terminate, discontinue and\/or limit your account, any email associated with your
\naccount, and access to any of our Services. The cause for such termination, discontinuance,
\nsuspension and\/or limitation of access shall include, but is not limited to:
\na) any breach or violation of our TOS or any other incorporated agreement, regulation and\/or
\nguideline;
\nb) by way of requests from law enforcement or any other governmental agencies;
\nc) the discontinuance, alteration and\/or material modification to our Services, or any part
\nthereof;
\nd) unexpected technical or security issues and\/or problems;
\ne) any extended periods of inactivity;
\nf) any engagement by you in any fraudulent or illegal activities; and\/or
\ng) the nonpayment of any associated fees that may be owed by you in connection with your
\nhttps:\/\/dnaistheway account Services.<\/p>\n
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
\nor limitations of access for cause shall be made at our sole discretion and that we shall not be
\nliable to you or any other third party with regards to the termination of your account, associated
\nemail address and\/or access to any of our Services.<\/p>\n
The termination of your account with https:\/\/dnaistheway shall include any and\/or all of the
\nfollowing:
\na) the removal of any access to all or part of the Services offered within https:\/\/dnaistheway;
\nb) the deletion of your password and any and all related information, files, and any such
\ncontent that may be associated with or inside your account, or any part thereof; and
\nc) the barring of any further use of all or part of our Services.<\/p>\n
Any correspondence or business dealings with, or the participation in any promotions of,
\nadvertisers located on or through our Services, which may include the payment and\/or delivery of
\nsuch related goods and\/or Services, and any such other term, condition, warranty and\/or
\nrepresentation associated with such dealings, are and shall be solely between you and any such
\nadvertiser. Moreover, you herein agree that DNA Is The Way shall not be held responsible or
\nliable for any loss or damage of any nature or manner incurred as a direct result of any such
\ndealings or as a result of the presence of such advertisers on our website.<\/p>\n
Either DNA Is The Way or any third parties may provide links to other websites and\/or resources.
\nThus, you acknowledge and agree that we are not responsible for the availability of any such
\nexternal sites or resources, and as such, we do not endorse nor are we responsible or liable for
\nany content, products, advertising or any other materials, on or available from such third party
\nsites or resources. Furthermore, you acknowledge and agree that DNA Is The Way shall not be
\nresponsible or liable, directly or indirectly, for any such damage or loss which may be a result of,
\ncaused or alleged to be caused by or in connection with the use of or the reliance on any such
\ncontent, goods or Services made available on or through any such site or resource.<\/p>\n
You do hereby acknowledge and agree that DNA Is The Way’s Services and any essential
\nsoftware that may be used in connection with our Services (“Software”) shall contain proprietary
\nand confidential material that is protected by applicable intellectual property rights and other laws.
\nFurthermore, you herein acknowledge and agree that any Content which may be contained in any
\nadvertisements or information presented by and through our Services or by advertisers is
\nprotected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
\nexcept for that which is expressly permitted by applicable law or as authorized by DNA Is The
\nWay or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
\ntransmit, broadcast, publicly perform and\/or created any plagiaristic works which are based on
\nDNA Is The Way Services (e.g. Content or Software), in whole or part.<\/p>\n
DNA Is The Way herein has granted you personal, non-transferable and non-exclusive rights
\nand\/or license to make use of the object code or our Software on a single computer, as long as
\nyou do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work
\nfrom, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any
\nsource code, sell, assign, sublicense, grant a security interest in and\/or otherwise transfer any
\nsuch right in the Software. Furthermore, you do herein agree not to alter or change the Software
\nin any manner, nature or form, and as such, not to use any modified versions of the Software,
\nincluding and without limitation, for the purpose of obtaining unauthorized access to our Services.
\nLastly, you also agree not to access or attempt to access our Services through any means other
\nthan through the interface which is provided by DNA Is The Way for use in accessing our Services.<\/p>\n
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
\na) THE USE OF DNA IS THE WAY SERVICES AND SOFTWARE ARE AT THE SOLE RISK
\nBY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
\nAND\/OR “AS AVAILABLE” BASIS. DNA IS THE WAY AND OUR SUBSIDIARIES,
\nAFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
\nEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
\nEXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
\nWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
\nPURPOSE AND NON-INFRINGEMENT.
\nb) DNA IS THE WAY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
\nPARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) DNA IS THE
\nWAY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)DNA IS THE
\nWAY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
\nERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE
\nUSE OF THE DNA IS THE WAY SERVICES OR SOFTWARE WILL BE ACCURATE OR
\nRELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
\nOTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
\nOUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
\nANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
\nc) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
\nWAY OF DNA IS THE WAY SERVICES OR SOFTWARE SHALL BE ACCESSED BY
\nYOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
\nRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
\nACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND\/OR
\nINTERNET ACCESS, DOWNLOADING AND\/OR DISPLAYING, OR FOR ANY LOSS OF
\nDATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
\nOR MATERIAL.
\nd) NO ADVICE AND\/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
\nMAY BE OBTAINED BY YOU FROM DNA IS THE WAY OR BY WAY OF OR FROM OUR
\nSERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
\nSTATED IN THE TOS.
\ne) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
\nEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
\nBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
\nUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
\nUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
\nHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
\nANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
\nCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
\nFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
\nVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
\nANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.<\/p>\n
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DNA IS THE WAY
\nAND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
\nAND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
\nINCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
\nNOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
\nGOODWILL, USE, DATA AND\/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
\nHAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
\nRESULT FROM:
\na) THE USE OR INABILITY TO USE OUR SERVICE;
\nb) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
\nc) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
\nAND\/OR DATA;
\nd) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
\ne) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
\nRELEASE<\/p>\n
In the event you have a dispute, you agree to release DNA Is The Way (and its officers, directors,
\nemployees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
\nparties) from claims, demands and damages (actual and consequential) of every kind and nature,
\nknown and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in
\nany way connected to such a dispute.<\/p>\n
Should you intend to create or to join any service, receive or request any such news, messages,
\nalerts or other information from our Services concerning companies, stock quotes, investments or
\nsecurities, please review the above Sections Warranty Disclaimers and Limitations of Liability
\nagain. In addition, for this particular type of information, the phrase “Let the investor beware” is
\nappropriate. DNA Is The Way’s content is provided primarily for informational purposes, and no
\ncontent that shall be provided or included in our Services is intended for trading or investing
\npurposes. DNA Is The Way and our licensors shall not be responsible or liable for the accuracy,
\nusefulness or availability of any information transmitted and\/or made available by way of our
\nServices, and shall not be responsible or liable for any trading and\/or investment decisions based
\non any such information.<\/p>\n
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
\nWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
\nCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
\nSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
\nYOU.<\/p>\n
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
\nTOS, that there shall be no third-party beneficiaries to this agreement.<\/p>\n
DNA Is The Way may furnish you with notices, including those with regards to any changes to the
\nTOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on
\nour website Services, or other reasonable means currently known or any which may be hereinafter\u00a0developed. Any such notices may not be received if you violate any aspects of the TOS by
\naccessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your
\nagreement that you are deemed to have received any and all notices that would have been
\ndelivered had you accessed our Services in an authorized manner.<\/p>\n
You herein acknowledge, understand and agree that all of the DNA Is The Way trademarks,
\ncopyright, trade name, service marks, and other DNA Is The Way logos and any brand features,
\nand\/or product and service names are trademarks and as such, are and shall remain the property
\nof DNA Is The Way. You herein agree not to display and\/or use in any manner the DNA Is The
\nWay logo or marks without obtaining DNA Is The Way’s prior written consent.<\/p>\n
DNA Is The Way will always respect the intellectual property of others, and we ask that all of our
\nusers do the same. With regards to appropriate circumstances and at its sole discretion, DNA Is
\nThe Way may disable and\/or terminate the accounts of any user who violates our TOS and\/or
\ninfringes the rights of others. If you feel that your work has been duplicated in such a way that
\nwould constitute copyright infringement, or if you believe your intellectual property rights have
\nbeen otherwise violated, you should provide to us the following information:
\na) The electronic or the physical signature of the individual that is authorized on behalf of the
\nowner of the copyright or other intellectual property interest;
\nb) A description of the copyrighted work or other intellectual property that you believe has
\nbeen infringed upon;
\nc) A description of the location of the site which you allege has been infringing upon your
\nwork;
\nd) Your physical address, telephone number, and email address;
\ne) A statement, in which you state that the alleged and disputed use of your work is not
\nauthorized by the copyright owner, its agents or the law;
\nf) And finally, a statement, made under penalty of perjury, that the aforementioned
\ninformation in your notice is truthful and accurate, and that you are the copyright or
\nintellectual property owner, representative or agent authorized to act on the copyright or
\nintellectual property owner’s behalf.<\/p>\n
The DNA Is The Way Agent for notice of claims of copyright or other intellectual property
\ninfringement can be contacted as follows:
\nMailing Address:
\nDNA Is The Way
\nAttn: Copyright Agent
\n19897 Beverly Park Rd
\nEstero, Florida 33928
\nTelephone: 573-489-8404
\nEmail: ljmalive2@gmail.com<\/p>\n
BE IT KNOWN, that DNA Is The Way complies with all applicable Federal Communications
\nCommission rules and regulations regarding the closed captioning of video content. For more
\ninformation, please visit our website at https:\/\/dnaistheway.<\/p>\n
This TOS constitutes the entire agreement between you and DNA Is The Way and shall govern
\nthe use of our Services, superseding any prior version of this TOS between you and us with
\nrespect to DNA Is The Way Services. You may also be subject to additional terms and conditions
\nthat may apply when you use or purchase certain other DNA Is The Way Services, affiliate
\nServices, third-party content or third-party software.<\/p>\n
It is at the mutual agreement of both you and DNA Is The Way with regard to the TOS that the
\nrelationship between the parties shall be governed by the laws of the state of Florida without
\nregard to its conflict of law provisions and that any and all claims, causes of action and\/or
\ndisputes, arising out of or relating to the TOS, or the relationship between you and DNA Is The
\nWay, shall be filed within the courts having jurisdiction within the County ofLee, Florida or the
\nU.S. District Court located in said state. You and DNA Is The Way agree to submit to the
\njurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the
\nexercise of jurisdiction over the parties by such courts and to venue in such courts.<\/p>\n
At any time, should DNA Is The Way fail to exercise or enforce any right or provision of the TOS,
\nsuch failure shall not constitute a waiver of such right or provision. If any provision of this TOS is
\nfound by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
\ncourt should endeavor to give effect to the parties’ intentions as reflected in the provision, and the
\nother provisions of the TOS remain in full force and effect.<\/p>\n
You acknowledge, understand and agree that your account is non-transferable and any rights to
\nyour ID and\/or contents within your account shall terminate upon your death. Upon receipt of a
\ncopy of a death certificate, your account may be terminated and all contents therein permanently
\ndeleted.<\/p>\n
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
\nclaim or action arising out of or related to the use of our Services or the TOS must be filed within
\nyear(s) after said claim or cause of action arose or shall be forever barred.<\/p>\n
Please report any and all violations of this TOS to DNA Is The Way as follows:
\nMailing Address:
\nDNA Is The Way
\n19897 Beverly Park Rd
\nEstero, Florida 33928
\nTelephone: 573-489-8404
\nEmail: ljmalive2@gmail.com<\/p>\n","protected":false},"excerpt":{"rendered":"
TERMS OF SERVICE AGREEMENT PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/dnaistheway.com\/wp-json\/wp\/v2\/pages\/35"}],"collection":[{"href":"https:\/\/dnaistheway.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/dnaistheway.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/dnaistheway.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dnaistheway.com\/wp-json\/wp\/v2\/comments?post=35"}],"version-history":[{"count":0,"href":"https:\/\/dnaistheway.com\/wp-json\/wp\/v2\/pages\/35\/revisions"}],"wp:attachment":[{"href":"https:\/\/dnaistheway.com\/wp-json\/wp\/v2\/media?parent=35"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}