Parabon Affinity DNA Testing Services Terms of Service
Last updated on 7 Jun 2019.
Parabon™ Affinity™ services ("Service" or "Services") provided by Parabon NanoLabs, Inc. ("Parabon") are subject to the following terms and conditions.
By requesting or ordering Services, whether acting individually or on behalf of your organization, you acknowledge the following: (1) You are responsible for knowing and complying with the laws of your jurisdiction, if any exist, pertaining to the use of DNA for the following forensic purposes: genetic genealogy, kinship inference, and phenotyping; and (2) the products resulting from the Services are strictly limited to reports in PDF format for genetic genealogy, kinship inference, and phenotyping ("Materials").
THE SERVICES ARE PROVIDED TO YOU ON AN AS IS/AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PARABON MAKES NO WARRANTY AS TO THE RELIABILITY OF THE SERVICES OR MATERIALS. ANY USE OF THE MATERIALS, INCLUDING ANY RELIANCE THEREON, IS AT YOUR SOLE RISK.
PARABON MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR THAT THE MATERIALS WILL BE ERROR-FREE.
LIMITATIONS AND INTENDED USE
Affinity Materials are intended to help investigators operate more efficiently, for example, by providing information about an unknown subject that has the potential to generate new leads, narrow a suspect list, or jog witnesses' memories. It is your obligation, acting individually or on behalf of your organization, to use the information provided to you responsibly and only for lawful purposes.
IMPORTANT: Affinity Materials are for Lead Generation Only.
Snapshot DNA phenotyping composites are provided as approximations of appearance that summarize predicted ancestry and traits. Because many environmental influences can affect an individual's appearance that are not contained within DNA (and thus cannot be predicted through DNA phenotyping), Snapshot composites cannot be expected to represent a subject's exact appearance. Examples of environmental influences that affect an individual's appearance include, but are not limited to age, weight, scars, exposure to smoking, exposure to sun, tattoos, hairstyles, and presence of facial hair.
By default, Snapshot composites are generated at a target age of 25 years and a body mass index (BMI) of 22, which is the average of the 'Normal' BMI range. However, if additional information about the lifestyle or age of the unknown subject is known, such information can be incorporated into a composite by Parabon's Forensic Art Department.
IMPORTANT: Snapshot composites are NOT intended for use with facial recognition software.
Furthermore, Snapshot composites must be used, at all times, in conjunction with their associated phenotype and ancestry predictions. Accordingly, Snapshot composites may NOT be distributed as standalone images ("faces"), either within your organization or externally to any third party.
LIMITATION OF LIABILITY
PARABON SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND/OR MATERIALS, EVEN IF PARABON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM RELIANCE BY ANY PARTY ON THE CONTENTS OF THE MATERIALS, OR DAMAGES ARISING IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, MATERIALS OR OTHER INFORMATION SENT TO OR BY YOU, AS APPLICABLE, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, FORCE MAJEURE, TELECOMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE MATERIALS.
Parabon retains all right, title and interest in and to the Services and the Materials, including, without limitation, all trademarks, trade names, logos and service marks (collectively, "Trademarks"), and all patents, copyrights, trade secrets and know how relating thereto or comprised thereby (collectively, "Intellectual Property").
In return for your order of and payment for Services or Materials, Parabon hereby grants to you a non-exclusive, non-assignable, limited purpose license to access and use the Materials (which shall at all times be and remain the sole and exclusive property of Parabon) for your own personal or organizational purposes (as applicable).
You shall not modify or, except as expressly permitted herein to the contrary, reproduce or distribute the Materials in any manner without Parabon's prior written consent thereto, or make any use of the Intellectual Property without Parabon's express prior written consent thereto. Notwithstanding the foregoing, if you are an authorized law enforcement organization or professional, you may disclose the Materials, without prior written consent from Parabon, to the public and/or news media for distribution for the purpose of aiding an investigation or reporting on a crime provided that, in all cases, Parabon NanoLabs is credited with production of the Materials.
Under no circumstances may the Materials be altered by a third party, including non-Parabon forensic artists.
CONFIDENTIALITY AND MEDIA INQUIRIES
It is Parabon's policy to maintain confidentiality about its working relationship with you and only discuss case details with you, the designated forensic laboratory representative working on your case, and any criminal justice representatives whom you authorize to participate in email / telephone discussions and/or briefings. If you decide to release the Affinity Materials to the public, you agree to use the language provided in the Snapshot Media Kit when describing the Affinity technology and Service. Further, you agree to notify Parabon at least three (3) days in advance of the planned media release and allow Parabon to edit any press releases and/or associated press conference scripts that describe the Affinity Materials. At your request, Parabon will provide you with a complimentary, media-friendly poster of any Snapshot DNA phenotyping results in PDF format that can be distributed to the public and/or media. By default, Parabon will not review or explain the Affinity Materials specific to your case with the media unless directed to do so by you or an authorized agent of your organization. Notwithstanding the foregoing, Parabon reserves the right to speak with and be interviewed by any media outlet at any time concerning the Affinity technology and Service.
MODIFICATION OF TERMS OF SERVICES
Parabon reserves the right to modify these terms and conditions at any time. Such modifications will be posted on the Parabon Affinity Web Site. Parabon may make changes in the Services described on the Web Site at any time.
ACCOUNT ACCESS AND PROTECTION
You acknowledge that the Materials are accessible by you via a web-based account. You are responsible for providing all hardware, system software, access devices, networks and telecommunications or other connections required to access the account and for paying all telephony, data transmission and other costs associated with such access. You are responsible for maintaining the confidentiality of your account password and you are solely responsible for all activities that occur through your account, including the activities of others, regardless of whether such activities are authorized. You agree to immediately notify Parabon of any breach or unauthorized use of your account. Parabon reserves the right to require you to alter your password if Parabon believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your account information.
GOVERNING LAW AND GENERAL PROVISIONS
Any claims relating to the Services ("Claim") will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding the application of its conflicts of law rules. You hereby agree that those state and federal courts located in Fairfax, Virginia, shall have exclusive jurisdiction over all Claims.
You shall defend, indemnify and hold harmless Parabon and its affiliates, and their respective officers, directors, employees and advisors, from and against any and all claims, demands, suits or proceedings brought against Parabon by any third party based upon or arising out of your request for, access to and use of the Services and/or the Materials, and any breach by you of these terms and conditions.
VIOLATIONS AND ADDITIONAL POLICIES
Parabon reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to refuse to fulfill your requests for Services and/or Materials.