Terms and Conditions
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR DNA TESTING SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT YOU HAVE LEGAL AUTHORITY TO PURCHASE OUR DNA TESTING SERVICES. ADDITIONALLY, IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN DNA TESTING SERVICES FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
Who We Are
A Summary of and Quick Links to all of the Agreements You Need to Know About
Data Privacy, What We Do With Your Information
Changes to Our Terms
Order of Precedence
We are based in the United States. We provide the Site and our Services for use only by persons located in the United States. We make no claims or representations that our Services or the Site or any FPK Site or any content on any of the aforementioned is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No Construction Against Drafter
Specific Terms and Conditions for Testing Services
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of what you have ordered.
Return Policy for Home Paternity Test Kits
In the event you decide to return your Home Paternity Test Kit, (“the Kit”), for any reason within the first 30 days of purchase, prior to using it; there is a non-refundable 25% restocking fee. In order to be eligible for the refund, you must send your unused Kit back to us using the return label provided in the Kit. Refunds will be issued 7 – 10 business days after receiving your unused Kit back at the lab. If the Kit has been used, refunds are not available due to the sanitary nature of the materials.
Prices posted on this Site may be different than prices offered by us on other websites. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your credit card company or lending institution, and (iv) you will pay charges incurred by you at the posted prices regardless of the amount quoted on the Site at the time of your order.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please understand that the title and risk of loss, of your Testing Kit, passes to the carrier upon the transfer of the Testing Kit to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments caused by the carrier. However in effort to provide great customer service we will work with you and the carrier to assist you in finding your lost Testing Kit and or provide a rerun in the event a sample is damaged or after a reasonable time period and a reasonable search can not be found or it is extremely unlikely to be found. The decision to provide a new Testing Kit, and when to provide a new Testing Kit will be made by us on a case by case basis but we will work with you to find a just and equitable solution. We will take feedback from you and the carrier when making the determination.
Returns and Refunds
We only offer refunds, credits and or Replacement Kits in the following situations:
DNA Test Results Require More than 2 Reruns.
About 10% of samples are not able to be processed successfully on the first attempt and need to be rerun. If we are unable to produce your DNA reports after 2 attempts, you may cancel your order for a full refund, account credit or request another Replacement Kit.
Delayed Results in Excess of 30 Days
While we cannot guarantee a specific delivery date, we expect the majority of customers to receive their DNA results within 3 business days of being received at the lab. However in the event our lab is unable to process your request, and such delay is the result of an issue with us, within 30 days of us receiving your sample you may cancel your order for a full refund, account credit or Replacement Kit. Delayed results that are due to carrier issues, i.e., lost or damaged Testing Kits or results that are due to tester issues, i.e., incomplete samples, corroded samples, do not count towards the 30 day period.
DNA Kit Damaged/Missing Necessary Collection Materials
In the event a Testing Kit arrives damaged or missing collection material. Please contact 1-866-522-1142 so we can send you a Replacement Kit.
Unused DNA Kits
We will refund your purchase price, less the original shipping and handling costs, provided such return is made within 10 days of shipment with valid proof of purchase and provided the Testing Kit is returned unused. To make a return, you must call 1-866-522-1142 or email our Customer Service Team at [email protected].
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 20% restocking fee.
Refunds are processed within approximately 10 business days of our receipt of the Testing Kit. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site, and any service we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site or limit the geographical areas where our Services are sold and the types of Services we provide.
You acknowledge that our Services are personal to you and you agree not to provide any other person with access to the Site or portions of it using your information. You agree to notify us immediately of any unauthorized access to or use of your information or any other breach or suspected breach of security. You should use particular caution when accessing your order information and or test results from a public or shared computer so that others are not able to view or record your personal information. We may rely on the authority of anyone accessing your order and or test results using your credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your information. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.
Intellectual Property Rights
You have a limited right to use the Site for your personal, non-commercial use. You are not authorized to alter, harm, create derivative works of, publicly display, download, store or transmit reproduce, distribute, reverse engineer, place any type of tracking or monitoring which includes but is not limited to: cookies, malware, spyware, plugins, geolocation beacons, without our the express prior written permission from the Legal Department. Requests may be sent to [email protected]. You may not use any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.
- If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
- Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose us or them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real time activities through the Site.
- Modify copies of any materials from the Site;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site; or,
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We Do Not Provide Medical Advice
The information available on the Site and provided through the Services are not a substitute for professional medical advice. You should always seek the advice of your physician or another licensed health care provider with any questions you may have regarding your health.
Links to other Websites and Resources
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in social media, advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, or from another FPK Site you do so entirely at your own risk and subject to the terms and conditions of use of those third party websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Site or the internet or from any FPK Site, will be free of viruses, malware or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR FROM YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE SITE, OR THE INFORMATION OR CONTENT INCLUDED THEREON. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, OR ANY FPK SITE, OR ANY WEBSITES LINKED TO OUR SITE OR ANOTHER FPK SITE OR ANY CONTENT ON ANY OF THE AFOREMENTIONED, OR ANY SERVICES, INFORMATION, MATERIAL OR ITEMS OBTAINED THROUGH THE AFOREMENTIONED, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability
WE LIMIT OUR LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW.
WE WILL NOT BE LIABLE FOR ANY UNINTENTIONAL DAMAGE, ANY ACTUAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR FOR ANY LOSS OR CLAIM OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW US TO HAVE A BROAD LIMIT ON OUR LIABILITY. IF YOU LIVE IN ONE OF THOSE JURISDICTIONS, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY STATEMENT IN THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE SITE AND OUR SERVICES.
OUR TOTAL LIABILITY IN ANY MATTER RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS (U.S. $100.00) OR (II) THE AGGREGATE AMOUNT YOU PAID US FOR SERVICES IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY APPLIES FULLY TO RESIDENTS OF NEW JERSEY.
ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES FOR:
- ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE OR THE SERVICES;
- YOUR FAILURE TO KEEP ACCOUNT INFORMATION SECURE AND CONFIDENTIAL;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
- THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE.
You may delete your Account at any time, for any reason by sending an email to [email protected]. We may terminate your use of the Site, your Account and our Services for any or no reason at any time. You understand that termination of your Account will not entitle you to a refund and may involve deletion of your information from our system. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACCOUNT TERMINATION THAT RESULTS IN YOUR LOSS OF ACCESS TO THE SITE OR OUR SERVICES.
We respect the rights of intellectual property holders. If you believe that any content on the Site violates your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an e-mail address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to:
FPK Services, LLC
Attention: Legal Department
11150 South Wilcrest Drive
Houston, Texas 77099
Email: [email protected]
Governing Law and Jurisdiction
Class Action Waiver
Either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.
Limitation of Time to File Claims
Relationship of the Parties
Unless otherwise expressly provided for in writing, neither you or FPK will hold yourself out as in any way sponsored by, endorsed by, in partnership or venture with, nor as an employee or employer of the other, which includes each parties’ affiliates and service providers.
Your Comments and Concerns
This website is operated by FPK Services, LLC. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to [email protected]