Effective Date: 04-22-2019
Basepaws Genetic Cat Test is a proprietary process designed and intended to be used on cats solely to 1) To better understand what breeds are matched closest to the cat and 2) To identify specific alleles or DNA mutations that are associated with certain
inherited diseases or traits. No other purpose is authorized or permitted. It is not intended to diagnose diseases or predict behavior in any particular cat. This is not a breed test.
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING OUR SERVICES, AS THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES. BY USING OUR SERVICES, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
We reserve the right to revise these Terms in our sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. You should periodically review this Terms of Service page to get the most up-to-date version. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms from and after the date of such revision.
a.”Basepaws” means Basepaws, Inc., whose principal place of business is at 840 Apollo St #100, El Segundo, CA 90245, USA.
b. “Service” or “Services” means Basepaws’s products, software, services, website, and its subdomains (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
c. “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Basepaws collects and stores the following types of Personal Information:
a. “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
b. “Genetic Information” is information regarding your cat’s genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your cat’s genome), generated through processing of your cat’s saliva or hair by Basepaws or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Basepaws. We do not store your DNA information.
c. “Reported Information” is all information about your cat, including disease conditions, other health-related information, personal traits, history, and other information that you enter into surveys, forms, or features while signed in to your Basepaws account. “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Reported Information-generated by users of Basepaws Services and transmitted, whether publicly or privately, to or through Basepaws.
d. “Web Behavior Information” is information on how you use the Basepaws website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
d. “Aggregated Genetic and Reported Information” is Genetic and Reported Information that has been combined with that of other users’ cats and analyzed or evaluated as a whole, such that no specific cat may be reasonably identified.
a. You understand that information you learn from Basepaws is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your cat’s health in the absence of medical and clinical information. You understand that the Basepaws services are intended for research, informational, and educational purposes only, and that while Basepaws information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Basepaws urges you to seek the advice of your cat’s veterinarian or other animal health care provider if you have questions or concerns arising from your cat’s Genetic Information.
b. You give permission to Basepaws, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your cat’s saliva or hair sample and you specifically request Basepaws to disclose the results of analyses performed on your cat’s DNA to you and to others you specifically authorize.
c. You represent that you are eighteen (18) years of age or older if you are providing a cat’s saliva or hair sample or accessing your cat’s Genetic Information.
d. Any saliva or hair sample you provide is not from a human.
e. If you are a customer outside the U.S. providing a saliva or hair sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
f. You agree that any saliva or hair sample you provide, and all resulting data may be transferred and/or processed outside the country in which you reside.
g. You are aware that some of the information you receive may provoke strong emotion.
h. You take responsibility for all possible consequences resulting from your sharing with others access to your cat’s Genetic Information and your Reported Information.
i. You understand that all your Personal Information and all of your cat’s Genetic and Reported Information will be stored in Basepaws databases and will be processed in accordance with the Basepaws Privacy Statement.
j. Waiver of Property Rights: You understand that by providing any sample, having your cat’s Genetic Information processed, accessing your cat’s Genetic Information, or providing Reported Information, you acquire no rights in any research or commercial products that may be developed by Basepaws or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your cat’s Genetic Information or Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Basepaws has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Basepaws and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
a. Fees. In order to use some of our Services, you must be a paid subscriber, as set forth on our Site from time to time. There may be some fees associated with using certain Services through our Apps, as set forth in our Apps. In addition, we may charge fees for use of our platform, as we may set forth on our Site or our Apps or as may be agreed to by us and you.
b. Payment. You agree that we may charge your payment method for any Services you purchase or subscribe to and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials (as defined below). All payments must be made in United States Dollars unless otherwise indicated by Embark at the point of sale.
a. Standard Refund Policy. To receive a refund for an unused kit, you must notify us within thirty (30) days of placing your order in Basepaws’ online store. We will refund the balance of the total purchase price after subtracting your shipping,
handling and processing charges. The kit must be returned to us within 7 days, unused.
b. Processing issues. If our initial processing of your cat’s saliva sample fails for any reason and enough sample remains for reprocessing, we will reprocess the same sample at no charge to you. If the second attempt to process the same sample fails, we will offer to send you a new saliva or hair collection kit at no charge. If you decline this option, you are entitled solely and exclusively to a complete refund of the amount you paid to us for testing of such sample, less shipping and handling, provided that you shall not submit another sample for the same cat through a future purchase of the Genotyping Services. If you opt to receive another sample collection kit and our attempts to process the second sample are unsuccessful, we will not send you additional sample collection kits, and you will be entitled solely and exclusively to a complete refund of the amount paid to us, less shipping and handling, provided that you shall not submit another sample for the same cat through a future purchase of the Genotyping Services. If, in breach of this Section 4(d), you submit another sample for the same cat through a future purchase of the Genotyping Services, and processing is not successful, we will not offer to reprocess the sample or provide you a refund.
If the processing of your cat’s saliva or hair sample is successful, but any of the data generated during the laboratory process is uninterpretable or incorrect, you will not be entitled to any refunds.
c. Government Licenses We are not licensed by all state, federal, or international authorities for genetic testing conducted for veterinary-related purposes. If a jurisdiction requires our Services to be subject to a license and we do not have that license, we will not offer our Services in that jurisdiction.
Additionally, Basepaws accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
a. Entire Agreement. The TOS constitutes the entire agreement between you and Basepaws and govern your use of the Services, superseding any prior agreements between you and Basepaws on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
b. Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Basepaws arising out of or relating to the Agreement (“Disputes”) shall be governed
by California law regardless of your country of origin or where you access Basepaws, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved
by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Los Angeles, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either
party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel
arbitration or enforce arbitral awards in any court of competent jurisdiction.
c. Waiver. The failure of Basepaws to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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.
d. Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
f. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
g. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
h. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Basepaws.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 22 (Termination).
i. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully
or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Basepaws for any third party that assumes our rights and obligations under this Agreement.