Terms of Service and Conditions of Use (“TERMS”)
Please carefully read these Terms of Services and Conditions of Use (“Terms”) before using this website (moxxitech.com) operated by MoxxiTech LLC. Your use of this website and any products or services (“MoxxiTech Properties”), including but not limited to submitting samples for DNA extraction, processing, and sequencing, and genetic consulting, provided by MoxxiTech LLC is contingent upon your acceptance of and agreement to be bound by these Terms, which includes an agreement to arbitrate which will require the use of binding and final arbitration in the case of any claims, unless you opt-out. By using MoxxiTech services and products (MoxxiTech Properties), you agree to the conditions set forth here. It is your responsibility to review the Terms for updates and changes; if you do not agree with these Terms then you should not utilize or access any MoxxiTech Properties. Your use of MoxxiTech Properties is solely for your personal, non-commercial use.
Table of Contents
I. Privacy
II. Your Account on Our Website
III. Comments, Communications, and Content
IV. License, Use, and Access
V. Intellectual Property
VI. Products, Pricing, Ordering, and Results
VII. RALLEE Rewards Program
VIII. Refunds
IX. Disputes and Arbitrations
X. Disclaimer of Warranties and Limitation of Liability
XI. Account Termination
I. Privacy
Please review our Privacy Policy to understand how we collect and use your information.
II. Your Account on Our Website
It is your responsibility to safeguard the confidentiality of your account and password, and restrict access to your electronic devices. You agree that you will not share your account credentials with anyone and that you will only use MoxxiTech Properties for lawful purposes.
MoxxiTech Properties are intended for the use of adults over the age of 18. No one under the age of 13 is permitted to use MoxxiTech Properties, and those over the age of 13 but under the age of 18 may only use MoxxiTech Properties with the express agreement and involvement of a parent or guardian.
III. Comments, Communications, and Content
When you send communications in the form of emails or text messages to MoxxiTech, you are communicating with us electronically and consenting to receive communications from us electronically. You further agree that all communications, including agreements, notices, and disclosures that are provided to you electronically satisfy legal requirements that any such communications shall be in writing.
In certain circumstances, account holders may be allowed to submit “Content”, which includes posting reviews, comments, and media on our website or sending comments, questions, and other information to MoxxiTech LLC. You agree that any Content that is posted to our website is allowed to be screened for propriety, including for approval that the Content is not illegal, obscene, threatening, defamatory, infringing on intellectual property rights, is injurious to third parties, or broadly objectionable. Your further agree that you will not post or submit any Content that contains software viruses or malware, is of a political nature, commercial solicitation, or spam (including chain letters, mass mailings, or other unsolicited commercial electronic messages). You must represent and warrant that you own and/or control all rights to the Content that you submit, that the Content is accurate and does not violate this policy and will not cause injury to any person or entity. You also agree to indemnify MoxxiTech LLC from all claims against Content that you have submitted in anyway. MoxxiTech LLC takes no responsibility and assumes no liability for any Content posted or submitted by you, any other user, or any other third party.
If you post or submit Content, you grant MoxxiTech LLC nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to adapt, distribute, display, create derivative works of and from, perform, publish, reproduce, translate, and use the Content in any way and in any place. You further grant MoxxiTech LLC the right to use the name that you submit in connection to your content in the use of the Content.
IV. License, Use, and Access
You may not access or attempt to access data not intended for you by logging on to a server or account that you are not authorized to use. You may not attempt to interfere with the service to any user or the proper working of any MoxxiTech Properties. You may not impersonate MoxxiTech LLC, including forging communications of behalf of or to any MoxxiTech Properties or users. You may not use or attempt to use any device, software, tool, agent, or mechanism, including those not explicitly stated, to navigate, search, and retain data on MoxxiTech Properties, other than through the use of the search provided by MoxxiTech LLC and commonly available browsers in the United States of America. You may not collect or use any product listings, descriptions or prices, any derivative of MoxxiTech Properties, download, copy, or use any account information for the benefit of a third party. No part of MoxxiTech Properties may be reproduced, duplicated, sold, resold, manipulated, used, copied, or exploited in any way for any commercial purposes without the express written consent of MoxxiTech LLC. You may not utilize any technique to depict any proprietary information, including trademark, logo, images, text, forms, and other documentation, without the express written consent of MoxxiTech LLC. You may only use MoxxiTech services as permitted by law. We may prosecute you to the full extent of the law for any violation of these terms.
V. Intellectual Property
All content included or comprising MoxxiTech Properties, including information, data, software, images, graphics, graphs, and other material is protected by copyright, trademark, or other proprietary rights and these rights are valid and protected in all forms, now and in the future. The sequencing data generated by MoxxiTech is protected as the intellectual property of MoxxiTech and may be used by MoxxiTech as MoxxiTech sees fit. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any MoxxiTech Properties’ content, you may not modify, alter, copy, or post the MoxxiTech Properties’ content on any network computer or broadcast on in any media. You may not copy, scrape, modify, remove, delete, alter, frame, publish, transmit, create derivative works from, or in any way exploit any of the content, in whole or in part, comprising MoxxiTech Properties. MoxxiTech and RALLEE logos and trademarks are the property of MoxxiTech LLC and may not be reproduced, copied, or manipulated in any manner without the express, written approval of MoxxiTech LLC.
VII. Products, Pricing, Ordering, and Results
By submitting any samples for DNA processing, extraction, and sequencing, you affirm that you have the legal rights to both collect and submit the samples of the animal being tested. You also acknowledge that all sequencing provided by MoxxiTech LLC is not diagnostic; all medical diagnoses must be diagnosed by your licensed veterinarian. You guarantee that the samples you submit belong to the animal you name, and that you will not alter the RALLEE Report or veterinary certificate certifying your animal’s blood collection. You further understand that when providing your animal’s sample and providing any self-reported information, you do not acquire nor retain any rights to any research or commercial products developed by MoxxiTech, its collaborators, or its future collaborators. You fully understand that you will not receive compensation for any research or commercial products that result from your genetic information or self-reported information.
We aim to be as accurate as possible when describing our products and services. We do not warrant that the content is error-free. Prices and promotions are subject to change at any time. Despite our best efforts, sometimes an offer may have been misstated or an item may be mispriced. For these reasons we may cancel your order or contact you for further instructions for the order.
Your order will typically be charged when your order is placed.
Our order confirmation to you does not guarantee acceptance of your order nor does it confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. If we reject or modify your order, we will attempt to notify you using your provided email address and/or phone number. If we cancel an order or part of an order that has already been charged, we will refund you the full amount of the canceled portion.
Results provided are based on peer-reviewed scientific literature and research and analysis performed by MoxxiTech LLC and do not include any genetic diseases or traits that are yet to be identified. It is possible for DNA mutations to be present that are not yet scientifically known, which may cause false positives or negatives to occur. In these cases, it is your responsibility to notify MoxxiTech of possible discrepancies, for the purpose of evaluating the gene(s) in question and to modify future genetic tests to include or exclude the novel mutation. You acknowledge that the results provided are based off whole genome sequencing with at least three times coverage of the genome with a base calling error rate of approximately 2%, which may allow for errors in the generated report to occur even though errors are unexpected.
All genetic reports belong to the person(s) who paid and ordered the tests (“Customer”), and will not be provided to any other entity without prior written approval from the Customer, including any form of communication regarding the reports or testing, such as whether or not an animal has been tested by our laboratories. This does not preclude MoxxiTech from using any animals data in aggregate for research and analysis purposes by MoxxiTech or our research partners.
MoxxiTech LLC makes no representation or warranty that any MoxxiTech Properties will meet your specific requirements or that they will be error free.
VII. RALLEE Rewards Program
RALLEE Rewards Program is operated by MoxxiTech and operates under the terms and conditions set out here. By creating a RALLEE Rewards Program account, you agree that you have read and accepted the Terms set out here and that you consent to the collection, use, and disclosure of your personal data by MoxxiTech and their authorized third-party agents in accordance with our Privacy Policy.
All RALLEE Rewards Program benefits, amenities, offers, awards, and services are subject to availability and may be changed by MoxxiTech LLC at any time, without prior notice. MoxxiTech LLC may terminate RALLEE Rewards Program, in whole or in part, with six (6) months advance notice to all active RALLEE Rewards Members. RALLEE Rewards Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. The continued participation in the RALLEE Rewards Program constitutes the participating member’s acceptance of any and all RALLEE Rewards Program Rule Changes.
Membership in the RALLEE Rewards Program is free and available to any person over the age of 18 who possesses the legal authority to agree to the RALLEE Rewards Program Rules, resides in a jurisdiction which legally allows participation in the RALLEE Rewards Program, is not prohibited by the government of the United States of America (“USA”) from interacting with companies of the USA, is not already a member of the RALLEE Rewards Program, and has not been previously terminated from the RALLEE Rewards Program or from any MoxxiTech properties.
RALLEE Rewards Members may earn points and coupons for eligible purchases from MoxxiTech LLC, exclusive of taxes and shipping charges, and purchasing referrals to MoxxiTech LLC. Any tax liability, including disclosure, connected with the receipt or use of points and/or coupons is the sole responsibility of the Member.
Accrued Points do not constitute property of the Member and may not be transferred to anyone. All accounts with MoxxiTech LLC will be terminated if a member is found to be bartering, transferring, or selling Points, with no exclusions.
Members must remain active in the RALLEE Rewards Program to retain accumulated points. If a Member’s Account is inactive for twelve (12) consecutive months, that Member’s Account will forfeit all accumulated points and MoxxiTech reserves all rights to terminate or deactivate the account. Once forfeited, Points cannot be reinstated.
Except as otherwise expressly prohibited or limited by applicable laws, MoxxiTech reserves the right to change, limit, modify, or cancel the RALLEE Rewards Program and RALLEE Rewards Program Rules at any time, with or without notice, even if such a change may affect the value of the Points or the ability to obtain Awards. All Program benefits, offers, awards, and services are subject to availability and may change at any time without notice.
By accepting any RALLEE Reward Program benefits, offers, awards, or services, the Member acknowledges that they have the sole responsibility for determining whether they are eligible to receive the RALLEE Reward Program benefits, offers, awards, or services under applicable law, gift policies, and incentive policies. Each Member must immediately notify MoxxiTech if they are ineligible to receive any RALLEE Reward Program benefits, offers, awards, or services.
Members may use Points to redeem an “Instant Redemption Award” which may be applied as a credit against their purchase from MoxxiTech LLC. When an Instant Redemption Award is used, the Points will be instantly deducted from the Member’s RALLEE Rewards Program Account.
MoxxiTech LLC reserves the right to monitor all accounts participating in the RALLEE Rewards Program, at any time, without notice, for compliance with Program Rules. A Member may request credits for Points or Awards that are not reflected in the Member’s Account by contacting MoxxiTech LLC by email within 30 days of the qualifying event or transaction.
All interpretations of the RALLEE Rewards Program Rules regarding membership are at MoxxiTech’s sole discretion and MoxxiTech’s decisions will be final.
VIII. Refunds
Once your animal’s sample is in the possession of MoxxiTech, the sample is processed in an irreversible manner and cannot be returned or refunded in anyway. When requested, an order may be cancelled with a full refund only when the order has not yet shipped; once shipped, an order can be refunded less the restocking fee of $25.00 within 30 days from the date of purchase; once the sample is received by MoxxiTech, no refund will be given.
IX. Disputes and Arbitrations
Any dispute or claim relating in any way to MoxxiTech LLC, including the use of MoxxiTech properties, all information, content, materials, products, and services included and/or made available to you through MoxxiTech LLC, will be resolved by binding arbitration, rather than in court. One exception is in the case that the claims qualify for small claims court, whereby either party may utilize small claims court for their dispute or claim. You may opt out of this agreement to arbitrate, and by doing so, neither party (you nor MoxxiTech LLC) can require the other party to participate in arbitration proceedings. If you wish to opt-out of this arbitration agreement, you have 30 days from the day you first became subject to this arbitration agreement to complete the opt-out. To opt-out, you must notify MoxxiTech LLC by email to info@moxxitech.com and you must include your full legal name, your email address used to sign up for an account on our website, your user or account name on our website, your full residence address, your mailing address, your phone number, and a clear statement describing your want to opt-out of this arbitration agreement. By agreeing to these Terms, you hereby waive your right to participate in a class action lawsuit or class-wide arbitration.
X. Disclaimer of Warranties and Limitation of Liability
All information, content, materials, products, and services included and/or made available to you through MoxxiTech LLC are provided on an “As Is” and “As Available” basis, unless otherwise specified in writing from MoxxiTech LLC. MoxxiTech LLC makes no express or implied warranties of any kind for the operation of MoxxiTech information, content, materials, products, and services included and/or made available to you through MoxxiTech LLC. You agree that your use of MoxxiTech Properties is at your sole risk. To the full extent permissible by law, MoxxiTech LLC will not be liable for any damages of any kind that may arise from the use of any information, content, materials, products, and services included and/or made available to you through MoxxiTech LLC, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing from MoxxiTech LLC.
XI. Account Termination
MoxxiTech LLC may, in our sole discretion, terminate your account and your use of MoxxiTech Properties at any time. You will continue to retain personally liability for any orders placed or charges incurred prior to termination. This termination may occur at any time without prior notice.