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Terms of Service

Welcome to Olive Thank you for choosing us for your home healthcare testing services. We take our user’s safety and security seriously. We encourage all of our users to read the terms of service and privacy policy below prior to purchase. 

For any questions regarding these policies, contact: help@olivedna.com.

Definitions

“Olive DNA” mean Olive DNA, whose principal place of business is at 1124 W. Carson Street, Torrance, CA 90502, United States of America.

“Olive DNA Research” refers to any academic research that Olive DNA performs with the intent to publish in a peer-reviewed scientific journal. Olive DNA and Olive DNA research only uses self-reported and genetic information from our users who have given informed consent.

“Sample” or “DNA sample” refers to the saliva sample provided for the purpose of genomic sequencing.

“Services” or “Service” refers to any of Olive DNA or Olive DNA’s products, services, software, website, blog, and published content (including but not limited to any graphics, images, text, materials, or information) that is accessed by our users.

“Personal Information” refers to any information that is collected with the consent of the user. Olive DNA provides customized health reports for our users and requires the following personal information:

  • “Registration Information” refers to any information that you provide about yourself when registering for the Olive DNA service and/or purchasing an Olive DNA product (e.g., name, address, email, Olive DNA ID, password, and payment information).
  • “Self-Reported Information” refers to any information about yourself, self including personal traits, family history, disease conditions, ethnicity, or other health-related information that you provide in our surveys or other features while logged in to your Olive DNA account. No personal or self-reported information will be shared or used for research without expressed consent from the user.
  • “Genetic Information” is any information relating to your genotype (e.g. the various As, Cs, Gs, and Ts at certain locations in your genome). This information is generated through the processing of your sample (saliva) by Olive DNA or any of its contractors (lab facilities, medical staff, genomic counselors).
  • “Web Behavior Information” is any information collected about how you interact with the Olive DNA website (e.g. page views, domains visited, browser type). This information is collected through cookies, and log files and helps to enhance the user experience.
  • “User Content” is any information that is transmitted either publicly or privately through Olive DNA, other than your Genetic Information or Self-Reported Information. This refers to any text, data, music, photographs, messages, videos, or materials (e.g. commenting on a blog post) either privately or publicly.

“Aggregated Self-Reported Information and Genetic Information” refers to and information that is submitted with consent (Self-Reported Information or Genetic Information) that is combined with other user’s data. This information is protected through the Genomic Global Positioning System (Genomic GPS) and is analyzed as a whole. No specific individual will be able to be reasonably identified.

Acceptance of Olive DNA Terms

This Agreement refers specifically to the acceptable use of the Olive DNA and Olive DNA Services.

The Terms of Service Agreement (TOS) is a binding electronic contract that establishes the terms that users must accept in order to use the website or services located on the website. These Terms of Service apply to any Services which include but are not limited to (a) the submission of your DNA sample for the purpose of DNA extraction, processing, analyzing, and storage, (b) uploading a digital version of your DNA (either from Olive DNA or another provider) with the intent of interacting with the information of the Olive DNA website, and/or (c) creating a free Olive DNA account or using a Olive DNA account that does not require you to upload your DNA Sample or Genetic Information. 

In order to use Olive DNA Services, you are required to agree to these Terms of Service. You may not use any Services without first accepting these terms. 

You may accept these TOS by (1) clicking or sliding the button to accept these TOS any place this option is made available by Olive DNA for any Service, or (2) using any of the Services offered. In case (2), you agree and acknowledge that Olive DNA will accept your use of any Services as an acceptance of these TOS from the point the Service began. 

Additionally, when any user uses a particular Olive DNA Service, they shall be subject to any rules or guidelines that apply to that Service (these guidelines will be clearly posted). Olive DNA may also offer additional services in the future that are governed by additional or separate terms of service. 

Prerequisites

Whether you are submitting your own saliva sample for testing, submitting a saliva sample for someone whom you have the legal authority to consent, or otherwise, you are providing your own Genetic Information, you may not access or use the Service and are not allowed to accept the TOS if (1) your are not of legal age (18) to agree to a binding contract with Olive DNA or (2) you are an individual who is barred from using the Services under the laws of the state or jurisdiction from which the Services will be used. 

In addition to the above conditions, if you provide your Genetic Information, you must be legally eighteen (18) years of age or older in order to agree to these TOS for yourself or on the behalf of anyone you have legal authority over.

Users who wish to use the Service, including creating a Olive DNA account, without providing genetic information or submitting a saliva sample, must be thirteen (13) years of age or older to agree to the Services and accept the TOS.

Description of the Services

The Services mentioned also include member access to the Olive DNA public website, which offers personal genotyping services. These services involve the collection and analysis of our user’s saliva in order to analyze their genotype. Unless it is explicitly mentioned otherwise, each new feature that enhances or changes any of these initial Services will also be subject to the TOS. 

By using Olive DNA Services, you hereby acknowledge that the Services provides “AS-IS,” meaning they are based on the most current state of genetic research. We strive to provide the most up-to-date and current technology; however, the Services provided are based on the time of purchase. 

Olive DNA will constantly innovate to provide our customers with the best possible experience as scientific and genetic research progresses. By using these Services, you knowledge that the Olive DNA platform can be changed from time to time, without notice. In an effort to continue genetic innovation, you also acknowledge that Olive DNA may stop providing certain features or services either temporarily or permanently. 

If you decide to stop using our Services, you do not need to inform Olive DNA specifically, and you can stop at any time. Olive DNA and Olive DNA assume no responsibility for the use of our Services outside the TOS. 

Many of our products require internet access to interact with or view our web-based content. Olive DNA will not assume any fees associated with internet access to obtain our web-based content. Additionally, our users must provide their own equipment required to make an internet connection (i.e., computer, modem, router, etc.). Lastly, you acknowledge that Olive DNA may set the upper limit of transmissions that you may send or receive through our Service and the amount of digital storage space used in the provision of our services. 

Considerations Regarding Olive DNA Services

Discovering your disease risk factors can be a sensitive topic. You may even find information about yourself or your family that you were not expecting. When you get a DNA test, it is essential to know that information cannot always be anticipated, and you might receive unexpected findings. In most cases, users find this information interesting. In other cases, it could lead to distress or anxiety. Examples include (i) revelations about a health condition you were not expecting, (ii) information on your genetic report that contradicts a prior assumption about your health. As an Olive DNA user, you take responsibility for any possible consequences from our Services. 

In some rare cases, the laboratory might not be able to process your results. Our lab is CLIA certified, and we strive to maintain the integrity and quality of our process. In some rare cases, samples might not be eligible for processing due to a contaminated sample, not following instructions on the collection tube or improper user labeling. If you believe there is an issue with your sample or it has somehow been contaminated, you can contact our customer service at help@OliveDNA.com

The field of genetics and DNA testing is constantly improving and evolving. Even with the current state of science, your DNA is measured against thousands of data points compared with known human traits and health conditions. While our testing service is one of the most accurate on the market, we may not currently comprehend all of the genetic contributions of a single trait. Researchers are constantly finding new links between genetic markers and genes and sometimes contradicting their previous findings. Additionally, many ethnic groups are unfortunately not included in every study. We will interpret your DNA based on the current population studies. Olive DNA is committed to keeping our research current so that the comparison models may be changed or updated from time to time. 

Your Use of the Services

The Olive DNA platform is a tool that can provide you with health-related insights based on your genetic information or DNA. These Services are designed to allow you to understand your genetic risk factors and other lifestyle factors that could impact your health. It is not intended to be a diagnosis, and you should discuss any lifestyle changes with a healthcare professional.

Requirements for Accessing the Olive DNA Services: You agree to comply with applicable laws:

  • You are solely responsible for any and all activity or use of the Services on your account.
  • You agree to contact Olive DNA customer support if you believe your account has been accessed without your authorization. 
  • You are responsible for your DNA raw data file. Our security measures are meant to protect your file once you upload it; however, if you store a copy on a personal device, Olive DNA cannot be held liable for this file. Your DNA file is your own personal use and should not be used for any diagnosis or treatment purposes. 
  • You agree not to resell or publish any information found within the Olive DNA platform services. 

Requirements for Using the Platform Services: In correspondence with your   use of the Services:

  • You understand and agree that Olive DNA Services and products are only for educational, research, and informational purposes. These Services are not intended for the treatment, prevention, or diagnosis of any disease or condition. 
  • You understand and agree that Olive DNA and Olive DNA urge you to seek the counsel of your healthcare provider if you have any questions or concerns regarding your Genetic Information. 
  • You hereby give Olive DNA successors, assignees, and contractors, permission to perform genotyping services on the DNA Sample (saliva) using verified testing methods available now or that should become available in the future. 
  • You specifically request Olive DNA to disclose the results of your DNA analysis to you or those in your authorized care. 
  • You understand and agree to allow Olive DNA to store your DNA sample under these Terms until otherwise requested by the user. 
  • You understand and agree that we will store your DNA sample, and we cannot return it to you. Your DNA sample will be held unless requested explicitly by the user. In that case, it will be destroyed and removed from our database within 48 hours. 
  • If you provide a DNA Test or Genetic Sample, you must be at least 18 years of age. 
  • You agree and guarantee that the DNA sample you provide for testing is your own or that you agree to these Terms on behalf of someone you have legal authority over and that the sample provided will be from that person. 
  • If you reside outside the U.S., you agree not to send any sample that violates any customs or export ban restrictions. 
  • You agree that you are not an employer or insurance company trying to obtain information about an employee or insured person without their express permission. 
  • You agree that you will not use these Services for any forensic investigations without a jurisdictionally valid subpoena that has been issued in connection with a current criminal investigation, court order, or warrant. 
  • You agree that Olive DNA may use your Genetic Information and Personal Information as detailed in these Terms and our respective Privacy Policy. 
  • You take full responsibility for any consequences of sharing your Genetic Information or Self-Reported Information. 
  • You understand your information will be stored on the secure Olive DNA databases and will be handled and processed according to our Privacy Policy. 
  • You agree not to use any information obtained from your DNA report for any medical, diagnostic, paternity testing, or for any discriminatory purpose or illegal activity. 

Account Creation, User Account, Password, Security Obligations

In exchange for the use of the Services mentioned above, you agree to: 

  • Provide valid, correct, and complete contact information, including a working email address. 
  • Update your account information should anything change. 
  • Provide current, authentic, and accurate information. If for any reason you provide any information that is not current, incomplete, or inaccurate, Olive DNA reserves the right to terminate or suspend your account and any and all future or present Services. 

Upon completion of your purchase, you will receive an Olive DNA kit number with your account information. You are solely responsible for maintaining the confidentiality of your account and any activities that happen under the account and password. Please keep your password safe and secure to prevent any unwanted parties from accessing your account. 

If you allow any third parties to access your account on Olive DNA or have access to your kit number or password, you will release Olive DNA against any liability, costs, or damages you incur. 

You also agree to: 

  • Immediately notify Olive DNA customer support should your account be accessed by any unauthorized party. 
  • Ensure that you log out of your account after each session to prevent unwanted access. Olive DNA cannot be held liable for any losses or damage if you fail to comply with this section. 

Content Used in the Services

Olive DNA Content: The Services mentioned above contains photos, videos, documents, and other licensed content and owned by Olive DNA From this point forward, this content is referred to as “Olive DNA Content.” Olive DNA Content is owned and licensed by Olive DNA and can only be used according to these terms. In regards to Olive DNA Content, you agree: 

  • To include copyright notices on any Olive DNA material that you print or download. 
  • Not to re-publish, distribute or sell any portions of Olive DNA content. 

Personal Information and User Provided Content: In order to use Olive DNA Services, our users must provide various types of information. If you have questions about what information is necessary for these services, please refer to our privacy policy. If you ever wish to delete your Personal Information, the steps are outlined in our Privacy Policy. In addition to Personal Information, you may provide Olive DNA with certain information that is not treated as Personal Information. In this TOS, we will refer to this information as “User-Provided Content.” 

With regards to User Provided Content, you must agree that: 

  • You are solely responsible for any User-Provided Content. 
  • You understand and agree that you have the rights to post or upload your User-Provided Content and that all User-Provided Content complies with the Olive DNA Terms. 
  • If necessary, you will provide Olive DNA with the appropriate documentation and evidence of your adherence to these terms. 

Olive DNA assumes no responsibility or liability related to any User-Provided Content. While we do not actively monitor any User-Provided Content, we reserved to audit this content should a user violate the TOS. We reserve the right to remove any content that violates the TOS. 

Information that you choose to disclose about yourself or family members. Any Self-Reported Information excludes your profile, payment information, account information, or usage details required for the Services or User-Provided Content. You have the choice to share your Self-Reported Information with others; however, our TOS limits the sharing of information to third-parties. If you are worried that there is any User-Provided Content that violates your rights, or this TOS, you can email support staff at help@OliveDNA.com

Ownership of Personal Information, Self-Reported Information, and User-Provided Content: You will always retain ownership of your personal information, User-Provided Content, and Self-Reported Information. Through our Services, you grant Olive DNA the right to collect, analyze, process, store, and communicate your Personal Information (including Genetic Information) and Self-Reported Information for any of the purposes described in this TOS. These include: 

  • To provide Services to you or other customers. 
  • To give users helpful insights into their current health. 
  • By submitting any User-Provided Content to the Olive DNA Services, you grant Olive DNA a sublicense to host, store, publish, distribute, or provide access to User Provided Content, worldwide, and royalty-free. 

Copyright and Trademark Notice: All trademarks, logos, or service marks found in the Services are owned and licensed by Olive DNA All of the Services, including the website’s features, content, code, algorithms, software, databases, text, images, video, design, and audio are owned by Olive DNA, and its licensors and this content is protected by copyright. This copyright is pursuant to the United States, as well as international copyright law. 

Changes or Modifications to Services

Olive DNA reserves the right to modify, discontinue (temporarily or permanently) Services or parts of our Services anytime and without notice. By using our Services, you agree that: 

  • Modifications to the Service might result in a delay of some features on the Olive DNA platform. 
  • Olive DNA will not be held liable for any modification, discontinuation, or suspension of our Services. 

Additionally, you acknowledge and agree that Olive DNA could offer different or additional features and technology in the future. Olive DNA could use this technology to interpret Genetic Information or otherwise, and your initial purchase does not qualify you for additional features or technologies unless otherwise stated. To use these additional features in the future, you may be required to pay an additional fee depending on your account type and subscription level.

Privacy Statement

The privacy of all Olive DNA customers is very important to us. If you would like to learn more about how we collect, use, store, process, or share your data, you can find our full Privacy Policy here. Please read this policy carefully before using our services. 

Account Termination or Suspension

Olive DNA reserves the right to suspend, terminate, or limit your access to the provided Services without issuing a refund if you violate any of the Terms. In a breach of the TOS, the customer will not be entitled to a refund. 

You also acknowledge and agree that any breach of the TOS, including any misuse of the Services, could result in irreparable harm to Olive DNA You, therefore, agree that Olive DNA shall be legally entitled to seek immediate injunctive relief in this case of a TOS breach.

Warranty Information

Olive DNA wants every customer to enjoy using our highly accurate DNA testing services. However, we do not legally warrant the accuracy, usefulness, or completeness of the services as these terms are subjective. If you have a problem with your kit or any of our Services, our customer care team would be happy to assist at help@OliveDNA.com.

Additionally, we do not guarantee or warrant the Services, descriptions, prices, product warranties, or any other information posted by third-party vendors or partners. 

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, Olive DNA AND Olive DNA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, NOT LIMITED TO ANY IMPLIED WARRANTIES OF HEALTH OR FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. Olive DNA AND Olive DNA DOES NOT MAKE ANY PROMISES OR GUARANTEES ABOUT (A) THE SPECIFIC FUNCTIONS OR USES OF ANY SERVICE (B) ABOUT Olive DNA CONTENT, (C) ABOUT THE QUALITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE Olive DNA CONTENT OR SERVICES.

Statement of Limited Liability

Within limits allowed by the law, you are expressly agreeing to and acknowledging that Olive DNA will not be liable for any direct, indirect, consequential, incidental, special, or otherwise damages, including but not limited to, loss of profits, damages for goodwill, use, data, or any other intangible losses that are the result of: (a) the use or lack of ability to use the Services; (b) any action you take based on the information you receive from any of the Services; (c) the cost procurement of a substitute good or service from any goods, data, information, or services obtained or purchased; (d) your failure to secure your account details or password; (e) improper authorization of our Services by claiming undue authority; (f) unauthorized access to or unauthorized alteration of your confidential data; or (g) statements of any third party regarding the Services, which includes Services by law enforcement officials.

Notification

Olive DNA reserves the right to notify you from within the Services, by physical mail or email, to inform our users of any TOS changes. You agree that contact by mail or email will satisfy any legal communication requirements, which include that communication should be in writing.

Changes in terms of Service

Olive DNA reserves the right to change these TOS at any time. When any changes are made, an updated version of these TOS will be available on the website. 

Additionally, we will notify you via regular mail or email if there are additions or changes to the TOS. Using these Services after the date on which these TOS were issued, you agree and acknowledge that it will be treated as your acceptance of any TOS updates.

Indemnity

You hereby agree to indemnify and hold harmless Olive DNA, licensors, affiliates, and their respective third-parties from and against any liabilities, claims, damages, judgments, losses, awards, costs, expenses, or fees resulting from your violation of these TOS or the use of our Services, which includes the content, services, and products of the Services unless expressly authorized by this TOS.

No Resale of Service

To use the Services described in the TOS, you agree not to display, distribute, license, publish, modify, duplicate, copy, perform, create derivative works from, exploit, transfer, transmit, sell or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 

General Practices Regarding Use and Storage

Olive DNA’s sample collection kit includes a vial that is labeled with a barcode. The barcodes are scanned when checked in, and you will be alerted when it is received. Our testing vials are sent to a federally compliant CLIA-certified lab designated for DNA extraction. The DNA is stored in a robotic freezer at -20 C, where it will wait to be processed. The remaining DNA is returned to the freezer in the event of future tests ordered by the kit owner. 

Olive DNA values the trust and privacy of our customers. We do not share or transfer your stored DNA samples with any third parties. 

You acknowledge and agree that Olive DNA is not responsible or liable for the failure to store, or the deletion of any content transmitted or maintained by the Services, nor the loss of DNA samples of Genetic Information due to the destruction or malfunction of data servers, or due to catastrophic events. You also acknowledge that Olive DNA reserves the right to change these general practices. 

To request that your results be removed, including having your DNA samples destroyed, you can submit a request by contacting us at help@OliveDNA.com.

Miscellaneous

Entire Agreement: These TOS, and Privacy Policy, including their guidelines, rules, and other documents incorporated herring by reference, constitute the entire agreement between you and Olive DNA regarding your use of these Services and supersede any prior agreements relating to the Services.

No Waiver: Olive DNA’s failure to enforce any section of these TOS is not a waiver of our rights under the said provision. 

Severability: If there is any particular section or clause in these TOS deemed unenforceable, it will not affect the enforceability of the remaining sections. Additionally, we may replace unenforceable sections with similar ones that are enforceable. 

Amendments: We reserve the right to supplement, modify, or entirely replace the TOS agreement, effective upon posting on Olive DNA.com or notifying our customers otherwise. If you do not want to agree to the changes, you can terminate your Agreement at any time.

Assignment: Without the consent of Olive DNA, you may not transfer any of your obligations or rights under this TOS agreement. Olive DNA reserves the right to assign or transfer our rights under this Agreement.

Contact Us

If you have any questions or concerns about our terms of service, you can contact Olive DNA customer support at help@OliveDNA.com