North American Deer Registry
Member DNA Sample and Testing Terms and Conditions
Please read these Member DNA Sample and Testing Terms and Conditions (“Terms”) carefully. North American Deer Registry (“NADR”) makes its services, including information and testing, available to you, the user, on the condition you agree to all the terms and conditions stated herein. By requesting testing, reports or information from NADR, you are agreeing to these Terms.
All reports based on or including any information from the NADR Registry (“Reports”) are intended only for the use of deer breeder NADR Members that submit samples for testing. Deer breeders should exercise their own judgment when using NADR Reports. Because of the nature of the processes of sample collection and identification by persons making submissions and other factors beyond its control, including third party testing, NADR respectfully informs you of the terms and conditions of use set forth herein.
Reports from NADR are based on information contained in the NADR Registry as well as similar repositories of information. The accuracy of information contained in the Registry is dependent on the accuracy of the identification of samples submitted to NADR by other persons, over which NADR does not exercise control. The accuracy of test results contained in Reports is further dependent upon the correctness of the testing performed by a third party independent contractor testing laboratory. NADR makes no warranties or representations as to the accuracy of the content of the Registry or the Reports and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information in the Reports. You assume the entire risk of loss in using the Reports.
Features and specifications of Reports are subject to change at any time without notice. NADR may, at any time and from time to time, change these Terms.
NADR Reports may only be used to assist deer breeder members to identify the DNA obtained from submitted deer samples. In addition, these reports may provide relevant and scientific findings in commercialized genetic solutions as offered by NADR from time to time. No other use of the Reports may be made without express written permission of NADR. Reports and rights related to same are not assignable or transferrable by you and no third party beneficiary is intended.
Submission of a sample to NADR, ordering a Report or obtaining a Report does not provide you with any ownership right to the Registry or NADR. NADR retains all copyright, trademark, patent, confidentiality, and all other rights associated with the NADR Registry, the Reports and other information provided. You agree that NADR may retain and use all samples and information you provide for the purposes of inclusion and use in the Registry and similar purposes. These Terms are applicable to DNA testing as well as other tests such as those regarding Chronic Wasting Disease (“CWD”) or the susceptibility of a deer to such disease. NADR’s and its assignees use of any sample and all related information provided by you may be for any purpose.
NADR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED IN REPORTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF A REPORT IS AT YOUR OWN RISK. REPORT INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF NADR, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING A REPORT OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED IN THE REPORT; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, A REPORT. ALL REPORTS AND RELATED INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF NADR’S AGREEMENT TO PROVIDE A REPORT AND SUCH REPORT WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. You represent and warrant that samples submitted by you to NADR are correctly identified as to the deer from which they were taken, and that all other information provided by you regarding such deer and sample is accurate. You agree to indemnify, defend, and hold harmless NADR and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to your violation of these Terms.
If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision. These Terms and the resolution of any dispute related to these terms and conditions shall be construed in accordance with the laws of the State of Texas. Any dispute between NADR and you related to these Terms shall be resolved exclusively by the state and federal courts of Collin County, Texas or the United States District Court for the Eastern District of Texas, Sherman Division.
You can contact NADR at 1601 Medical Center Dr., Ste. 1, Edmond, OK 73034.