Our goal is to tailor our Products so they can help you meet some of your specific nutritional needs. We attempt to accomplish this in two ways. First, we require you to complete a questionnaire about your lifestyle and health habits. Second, we analyze a subset of your DNA and combine that analysis with your response to the lifestyle questionnaire to create tailored products.

As such, to purchase our Products, you will be required to either order a DNA sample kit from us in order to collect your saliva or, alternatively, you may upload results you have previously obtained from a third party DNA extraction and screening service (“Third Party Sample”).

If ordering a sample kit from us, you’ll be provided with instructions on how to send your sample to one of our laboratory partners and register the sample kit under your Account. That laboratory partner will extract your DNA from your sample, turn it into machine-readable data and send it back to us. If using a Third Party Sample you will need to upload it to the Website.

In both cases, we will then apply our proprietary algorithm to your sample and your responses to our lifestyle questionnaire and develop your tailored supplements. Our ability to perform our Services and provide you with tailored Products depends on you providing an accurate, reliable sample. We reserve the right to reject Third Party Samples if we do not feel they are accurate or complete, or where we determine that the third party service is not a trusted provider.

As further described here, the Services we provide for DNA analysis are not medical advice nor do we make any claim that our tailored supplements will cure any condition. Please consult your licensed healthcare provider.

We process and store all of your personal data, inclusive of your DNA sample and the data extracted from it, in accordance with our privacy policy, which may be viewed at. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

You need only to submit your DNA sample once. Thereafter, the Products & Services we tailor for you, are provided on a subscription basis. To place an order you will have to register and create an account (an "Account"). In doing so, you will submit only complete, accurate and current information and data about you as required during the registration process (“Account Information”) and promptly update it as necessary. If you submit information that is inaccurate or incomplete, or if Autumn DNA has a reasonable belief that such is the case, we may immediately suspend or terminate the Account, your use of the Website and the right to order and receive Products and Services.

You will be prompted to create credentials, typically in the form of an unique user identification and a password, to authenticate your right to access the Account (collectively, your "Account Credentials"). If you are provided with a temporary username and password you must modify the temporary credentials and create your own username and password. Your commitment to maintaining the strict confidentiality of that information is a material condition of your right to order and receive Products and Services. You must not allow others to use your Account Credentials. You agree to: (a) notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or if any other breach of security related to your Account occurs; and (b) immediately change your password in the event of any breach of security. You are responsible for all activity that occurs under your Account Credentials and except to the extent required by law, Autumn DNA will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.

Products and/or kits for the DNA analysis portion of our Services may have limited quantities. As such, we reserve the right to limit the sales of our Products and Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also may discontinue offering certain Products and Services and to substitute Products and Services without prior notice. All descriptions of Products and Services or Product and Services pricing are subject to change at any time without notice, at our sole discretion. Any offer for any Product and Service made on this Website is void where prohibited.

If you make a one-time purchase you will be billed at the time your order is placed.

If you purchase a subscription, it automatically will be billed monthly. The first monthly subscription fee payment will be due at the time you place your order. The second monthly subscription fee payment will be billed on the twenty-fifth (25th) day following that first payment, and thereafter every thirty (30) days. We will bill the credit card you provided when you purchased the subscription, until the subscription is canceled. We may use an account updater to automatically update your credit card information in the event it changes, in which case, your renewal will be billed to the updated Account Information. If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription twenty-four (24) hours prior to your next shipment going out in order to not receive your next scheduled order. To cancel your subscription, simply call Customer Support at 1-866-728-8866 or email us at support@tryautumn.com.

All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.

When placing an order on the Website, you will need:

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account;
(ii) all payment information provided is complete and accurate;
(iii) you will be responsible for any credit card fees; and
(iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your Account Information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

Fees do not include taxes or government charges all of which are payable by you, excluding taxes on our income. If we have the legal obligation to pay or collect taxes, we will invoice you and you will pay that amount.

You have the ability to purchase a DNA sample kit as a gift for others through the Website (“Gift Credit”). When you purchase a Gift Credit, we will send an email to the designated recipient to redeem the Gift Credit. The recipient will be required to create an account. The Gift Credit does not expire, and unused balances will remain available to the recipient via their Account. Gift Credits are not, however refundable or redeemable for cash unless otherwise required by applicable law nor do we have any obligation to you or recipients who fail to create an Account or otherwise use their Gift Credit.

You agree that any Products and Services you purchase from our Website will be used for your personal, non-commercial use in a lawful manner. You agree that you will not resell, redistribute, modify, or export any Product and Service that you order. Without limiting the generality of the foregoing, you are specifically prohibited from re-selling our Products and Services on any e-commerce platform. You may not use the Products and Services outside of the country and/or region to which it was shipped from us.

Autumn DNA does not make any guarantee that you will accomplish your fitness, health and/or wellness goals. All Products and Services are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Your results may vary.

Autumn DNA ships to addresses located in the United States. Orders generally ship within 24-48 business hours of the time of placement. Domestic orders typically arrive within 3 days of shipment. Delivery time for international orders varies based on location. Please visit our Shipping Policies webpage for additional terms that may apply to your order.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by phone or email (1-866-728-8866/support@tryautumn.com) immediately. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

Due to the nature of our Products and Services we do not accept returns or offer refunds for your purchases. However, we understand that special circumstances do happen. Please email us at support@tryautumn.com or call our toll-free Customer Service number 1-866-728-8866 to speak to one of our agents.

The Content on the Website and regarding the Products and Services and/or their use is provided for general informational purposes only and is not intended as medical advice, diagnosis or treatment or as a substitute for the medical advice, diagnosis or treatment of a physician. The statements made on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. Likewise, the information provided through the Products and Services is informational purposes only, is not intended to diagnose, treat, cure or prevent any disease, and has not been evaluated by the Food and Drug Administration. Results of any analyses are often statistical probabilities and such analysis is not error-free. Any reliance on the Content, advice or suggestions on the Website or in connection with the Products and Services is at your own risk.

You should consult your physician or other qualified health professional with any medical conditions and before: beginning any program, exercise, body awareness techniques, or meditation; changing your diet; taking any nutritional or herbal supplement; or using any information provided by Autumn DNA. Never disregard professional medical advice or delay in seeking it because of Content on this Website or otherwise. If you think you have a medical emergency, call your physician or other qualified health professional or 911 immediately. Do not rely on communications through the Website or Autumn DNA for medical needs. Content and the use of any Products and Services from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website or Products and Services.

This Website may contain certain historical Content. Historical Content, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any Content on our Website. You agree that it is your responsibility to monitor changes to our Website. Under no circumstances will we be liable for any loss or damage caused by such use and/or your reliance on the Content on the Website. It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any Content, opinion, advice, or other elements on the Website.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY CONTENT ON THIS WEBSITE OR INFORMATION PROVIDED WITH THE PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS AND SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND YOUR ACCOUNT.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL AUTUMN DNA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PRIVACY POLICY, THE WEBSITE, CONTENT, PRODUCTS AND SERVICES OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT AND SERVICE, REGARDLESS OF WHETHER AUTUMN DNA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AUTUMN DNA IS FOUND LIABLE UNDER ANY THEORY, AUTUMN DNA’S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY WILL NOT EXCEED USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER AUTUMN DNA WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE FOR ANY HARM RESULTING FROM ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND OUR REASONABLE CONTROL. THIS INCLUDES YOUR FAILURE TO TAKE SUCH ACTIONS WHICH ARE REQUIRED IN CONNECTION WITH RECEIPT OF OUR PRODUCTS AND SERVICES INCLUDING PROVIDING US WITH REQUESTED INFORMATION, CONDUCTING SAMPLE TESTING, AND SHIPPING.

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AUTUMN DNA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS AS A COURT WOULD.

i. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Autumn DNA, or any involved third-party relating to your Account, your use of the Website, your relationship with Autumn DNA, these Terms including the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the Products and Services, and any act or omission by Autumn DNA or any third-party related to your use or attempted use of the Products and Services. You, Autumn DNA, or any involved third-party may pursue a Claim. Autumn DNA agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Autumn DNA. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in California on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.

ii. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Autumn DNA both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue Account matters within the small claims court’s jurisdiction. Autumn DNA will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.

The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the State of Delaware: (i) an action by Autumn DNA relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Autumn DNA for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of these Terms. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware, and forever waive any challenge to said courts’ jurisdiction and venue.

iii. Required Pre-Dispute Procedures

Each party acknowledges and agree that before initiating any Claim against the other, such party agrees to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to AUTUMN DNA, Attn: Legal Department, [3960 West Point Loma Blvd, Suite H #5099, San Diego, California 92110]. Autumn DNA will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Autumn DNA or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, each party agrees to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Delaware to enforce these Terms or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

iv. Commencing Arbitration

You and Autumn DNA agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

v. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in California unless Autumn DNA otherwise agrees to arbitrate in another forum requested by you.

vi. Organization, Rules and the Arbitrator

Each party agrees that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with AAA Rules (defined below). The arbitration will be conducted in accordance with the provisions of the AAA’s Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration (“AAA Rules”). The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, including the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Autumn DNA.

vii. Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

viii. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Delaware without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

ix. Enforceability

This provision survives termination of your account or relationship with Autumn DNA, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

x. General Arbitration Terms

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Autumn DNA and shall not be modified except in writing by Autumn DNA.

xi. Amendments

Autumn DNA reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of Products and Services on or through the Website, or use or attempted use of a Product and Service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Autumn DNA will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a Product and Service on or through the Website, or use or attempted use of a Product and Service, is affirmation of your consent to such material changes.

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT AND SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT AUTUMN DNA, ATTN: LEGAL DEPARTMENT, 3960 WEST POINT LOMA BLVD, SUITE H #5099 , SAN DIEGO, CALIFORNIA 92110. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT AND SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT AND SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS ARBITRATION AGREEMENT.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Autumn DNA, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms including the documents they incorporate by reference, such as the Privacy Policy; (2) your breach of any representations or warranties in these Terms; or (3) your violation of any law or the rights of a third-party. Autumn DNA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Autumn DNA’s defense of such claim.

Autumn DNA may use testimonials and/or Product and Service reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Autumn DNA’s Products and Services, in printed and online media, as Autumn DNA determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our Products and Services. As noted in Section 5 above, your results will vary depending upon a variety of factors unique to you, such as your age, health, and genetics.

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions user generated content on our Internal Social Media Features and your interactions with our External Social Media Presence (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary and may be used by us in any lawful manner. You are solely responsible for your Submissions. By providing such Submissions you grant to us a royalty-free, worldwide, perpetual, irrevocable and transferable, assignable and sublicensable right and license to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, media or technology now known or later developed, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. We cannot be responsible for maintaining any Submissions that you provide to us; therefore, you should retain copies of all such data and information in your own records.

The logos, names, and other similar marks (collectively, the “Trademarks”) displayed on the Website and Products and Services are registered and unregistered Trademarks of Autumn DNA and our licensors and may not be used unless authorized by the applicable Trademark owner. Except for incidental use in connection with your permitted use under Section 3 and 4, nothing contained on the Website or in these Terms, or the Privacy Policy should be construed as granting you any license or other right to use any Trademark displayed. As between you and us, we are the exclusive owners of all right, title, and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights), and moral rights (including rights of attribution and authorship) throughout the world in and to the Website, Content and its and their look and feel, design, and organization and compilation, as well as all Trademarks and Products and Services.

This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Autumn DNA
3960 WEST POINT LOMA BLVD, SUITE H #5099
SAN DIEGO, CALIFORNIA, 92110
Tel: 1-886-728-8866
Agent’s Name/Email Address: GIANNI LOTFI, GIANNI@INOVO.CO

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. We will provide copies of notices of breach via reputable overnight courier. Notices to Autumn DNA will be provided via reputable overnight courier to the address specified below with “ATTENTION: [your name] Account” in the address. All such notices by either party shall be deemed given three (3) business days after being sent.

You may not transfer or assign any of your rights under these Terms, and any such attempt will be null and void. Autumn DNA and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Autumn DNA’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

No waiver by Autumn DNA of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Autumn DNA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms apply to all users of the Website at all times until we supersede and replace them. We may at any time terminate, change, suspend, add to, or discontinue any aspect of the Website, or your right to use it, including your Account, without notice or liability to you, including for your failure to comply with these Terms, effective immediately. In the event that we terminate this these Terms, Sections 2-3, 14-17, 20-25, 27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of these Terms.

These Terms, the Privacy Policy, and any policies, notices or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Autumn DNA, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Neither any course of conduct between the parties nor trade practice will modify these Terms.

If you purchased a Product and Service through the Website, please contact Customer Support by phone or email.

Autumn DNA
3960 WEST POINT LOMA BLVD, SUITE H #5099
SAN DIEGO, CALIFORNIA, 92110
Tel: 1-866-728-8866
Email: support@tryautumn.com