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Terms and Conditions

Effective Date: 9/13/2021

Welcome, and thank you for your interest in Wisdom Panel, a brand of Kinship Partners, Inc, a subsidiary of Mars, Incorporated (“Wisdom Panel,” “we,” “us”). These Terms and Conditions (“Terms” or “Agreement”) constitute a legally binding agreement between you (“you”) and Wisdom Panel, and set forth our obligations and responsibilities when you purchase or use Wisdom Panel’s products or services. The Wisdom Panel brand products and services include, but are not limited to: the websites or mobile applications where these terms are posted (“Sites”), products and services offered on those Sites, including but not limited to Wisdom Panel 2.0, 3.0, and 4.0; Wisdom Panel; Wisdom Panel Essential, Wisdom Panel Premium, Wisdom Panel Complete, and Optimal Selection (collectively, the “Wisdom Panel Products”). The Sites and the Wisdom Panel Products are collectively referred to herein as “Services.” By registering on the Site, making a purchase, or browsing the Site, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal age to form a binding contract, and (3) you have the authority to enter into this Agreement.

Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between you and Wisdom Panel. 

IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 18) and “DISPUTE RESOLUTION” (Section 19) below for more information.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE SITES OR PURCHASE ANY WISDOM PANEL PRODUCTS.

Table of Contents
  1. Changes to Terms
  2. About the Services
  3. The Services Are Provided for Research, Informational, and Educational Purposes Only
  4. User Accounts
  5. Kits Not for Resale or Transfer
  6. Additional Information about Specific Wisdom Panel Products
  7. Retention and Use of Test Results and Samples
  8. Ownership of Rights 
  9. Privacy
  10. Purchases, Shipping, and Delivery
  11. Prices and Payments
  12. Refunds and Returns
  13. Referral Program
  14. Additional Terms
  15. Use of Wisdom Panel Content
  16. Intellectual Property
  17. Third-Party Websites
  18. Assignment
  19. Disclaimers of Warranties & Limitations of Liability
  20. Dispute Resolution
  21. Termination
  22. Notice to California Residents
  23. Canadian Terms and Conditions Addendum

1. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage.  We reserve the right to change these Terms, and we will notify you of changes by posting notice on this webpage or sharing it via e-mail.  Whenever possible, we will notify you in advance of our changes. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. 

2. About the Services

Wisdom Panel provides biometric testing and related services for dogs, cats, and other animals (“Pets”). The Wisdom Panel Products are not intended for use with any other type of animal than those specified when you purchase your Wisdom Panel Products. When you purchase one of the Wisdom Panel Products, we will send a sample collection kit (“Kit”) to the shipping address listed on your order. The Kit will include, among other things, instructions to (i) activate the Kit by creating or accessing your online account (“User Account”); (ii) obtain a suitable sample for the Wisdom Panel Product you have selected (“Sample”); and (iii) return the Sample to Wisdom Panel for analysis. After Wisdom Panel receives and processes your Sample, results will be made available on your User Account for a limited time.

3. The Services Are Provided for Research, Informational, and Educational Purposes Only

The Wisdom Panel Products and Services are not a substitute for professional veterinary care. Each Pet is unique, and their physical and behavioral traits will be the result of multiple factors, including genetics, biometrics, training, handling, and environment. The Wisdom Panel Products are not intended to diagnose diseases or predict behavior in any particular Pet.

Wisdom Panel is intended for personal use. Wisdom Panel Products are not intended to be used to prove the pedigree or purebred status of a Pet and you are expressly prohibited from using the Wisdom Panel Products and Services as a way to establish the pedigree of a Pet, or otherwise use the Wisdom Panel Products or Services for any unauthorized purposes.  Wisdom Panel shall not be liable for any unauthorized use of the Wisdom Panel Products. Without limiting any other provisions in this Agreement, in no event will Wisdom Panel be liable for any harm resulting from the commercial or personal use of the Products and Services.

4. User Accounts

You must register for a User Account to access certain aspects of the Services, including to activate Kits and to view test results. As part of any such registration process, you must provide certain information, including your name, contact information, and a password. You agree that the information you supply during the registration process will be accurate and complete.

You are solely responsible for preserving the confidentiality of your password, and you agree to notify Wisdom Panel of any known or suspected unauthorized use of your User Account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your User Account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Wisdom Panel immediately. Wisdom Panel reserves the right to access and disclose any information including, without limitation, users’ names and other information to comply with applicable laws and lawful government requests or to enforce our rights. Additionally, Wisdom has the right to terminate or delete any User Account for violation of these Terms. 

5. Kits Not for Resale or Transfer

You certify that all information you provide to us is accurate. You warrant that you are entitled to obtain and supply Samples to Wisdom Panel. Unless authorized by Wisdom Panel, Kits may not be resold, transferred, or assigned for any purpose. If Wisdom Panel becomes aware that a Sample has been submitted for an animal that is not eligible for testing, Wisdom Panel reserves the right to cancel the order without refund or compensation to you.

6. Additional Information about Specific Wisdom Panel Products

Please read below for Wisdom Panel Product-specific information. Please note that Wisdom Panel might offer additional or different Wisdom Panel Products and Services that are not discussed below. In addition, Wisdom Panel reserves the right to offer new Wisdom Panel Products and Services that are not referenced in these Terms and to modify, improve, and discontinue current Wisdom Panel Products and Services.

a. Breed ID Services

Upon receipt of a Sample, Wisdom Panel will analyze the Pet’s DNA to determine the breed(s) present in its recent ancestry. The Wisdom Panel Products are based upon the Wisdom Panel database of validated breeds. If a Pet’s ancestry contains breeds not represented in our database, the results may identify related breeds that are contained in the database. Similarly, results of using the Breed ID Services may change over time as a result of changes and improvements to the Wisdom Panel databases, available data, and algorithms.

Many countries and provinces have dog breed-specific ordinances and laws that may require special handling or prohibit the ownership of some dogs with a particular breed in their genetic background. Wisdom Panel is not intended to be used by any person or entity to determine whether a particular dog breed is legislated or banned in a particular country or province. Nor are the Wisdom Panel Products intended to be used in any judicial proceedings. Rather, they are intended to be used as a tool or resource in determining a dog’s genetic history. Under no circumstances will Wisdom Panel be liable for any damages arising from the use of, or results from, the Breed ID Services.

Because each Pet is a product of its unique environment and handling, it may exhibit different traits and behaviors than those listed on the breed detail pages provided in the results. The descriptions of the individual breeds provided by Wisdom Panel in the results are intended to be general in nature. They are not intended to be all-inclusive or definitive.

b. Weight Prediction

A Pet’s weight range can vary significantly depending on age, diet, lifestyle, and exercise. Any weight predictions should be considered good faith estimates only and not a guarantee of future characteristics or health.

c. Genetic Disease Screening

Wisdom Panel’s genetic disease testing screens for more than 200 disease-causing genetic mutations. A full list of the genetic mutations covered by Wisdom Panel’s disease testing can be found at www.wisdompanel.com and www.optimal-selection.com. Other than those included on the list, which may change from time to time, Wisdom Panel does not currently provide screening results for other disease-causing genetic mutations. Although Wisdom Panel disease testing covers a wide range of genetically-linked diseases, it cannot identify every disease or every genetically-linked disease that could affect your Pet. In addition, some genetic diseases may be linked to more than one disease-causing genetic mutation. The Wisdom Panel Products may not screen for every genetic mutation associated with a particular genetic disease. The genetic disease testing is not a substitute for regular and professional veterinary care, nor should it be considered a definitive indicator of your Pet’s health or genetic profile, or predictive of a medical outcome. Even if Wisdom Panel provides you the opportunity to speak to any veterinarians or experts, it is very important that you take your Pet to your veterinarian for regular physical examinations, talk to your veterinarian about any concerns you have with your Pet, and receive their specific recommendations for monitoring, treatment, and diagnostic testing of your Pet.  Wisdom Panel Products and Services are not intended to serve as a substitute for personalized veterinary care.

d. Genetic Diversity Analysis

Wisdom Health’s genetic diversity analysis is a service offered in certain Wisdom Panel Products. The genetic diversity analysis is a proprietary process designed and intended to be used on Pets solely to (i) help quantify the genetic compatibility of potential breeding pairs and (ii) 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, predict behavior in any particular Pet, or to be used for non-personal or commercial purposes, including breeding or sale.

Upon receipt of a Sample, Wisdom Panel will analyze your Pet’s DNA to determine chromosomal similarities and differences in the genetic profile of a potential sire and dam and provide a match analysis. Your Pet’s DNA will also be analyzed for the presence of specific alleles that are associated with inherited conditions identified as occurring in your Pet’s breed.

You further acknowledge and agree that future releases of the genetic diversity analysis may refine results as more information is obtained regarding the breed structure and/or if new genetic markers are included. Wisdom Panel shall have no obligation or responsibility to update completed tests.

e. Food and Dietary Recommendations

Wisdom Panel Products, including services such as screening for genetic disease mutations, breed identification, and predicted weight profile, can be used to help craft nutritional and dietary recommendations for your Pet. Each individual animal’s dietary and nutritional needs will vary. Consult with a veterinarian whenever crafting a nutritional plan for your Pet.

f. Other Products and Services

From time to time, Wisdom Panel may offer new or different products or services or modify its current offerings. Such additional products or services are part of the Wisdom Panel Products and are subject to these Terms.

7. Retention and Use of Test Results and Samples

You acknowledge and agree that Wisdom Panel may establish general practices and limits concerning your use of the Services, which may be modified from time to time, including, but not limited to, the minimum or maximum period of time that test results or Samples will be retained and accessible to you. You acknowledge and agree that Wisdom Panel has no responsibility to, or liability for the failure to, store any messages, test results, other communications, or other content maintained or transmitted by the Services.

Kits and Samples may be disposed of or stored at Wisdom Panel’s option. Kits and Samples will not be returned to you. User Accounts and the Sites are not intended to provide a permanent record of test results. You acknowledge that you are solely responsible for saving or printing copies of test results if you wish to maintain records of any test results.

7. Retention and Use of Test Results and Samples

You acknowledge and agree that Wisdom Panel may establish general practices and limits concerning your use of the Services, which may be modified from time to time, including, but not limited to, the minimum or maximum period of time that test results or Samples will be retained and accessible to you. You acknowledge and agree that Wisdom Panel has no responsibility to, or liability for the failure to, store any messages, test results, other communications, or other content maintained or transmitted by the Services. 

Kits and Samples may be disposed of or stored at Wisdom Panel’s option. Kits and Samples will not be returned to you. User Accounts and the Sites are not intended to provide a permanent record of test results. You acknowledge that you are solely responsible for saving or printing copies of test results if you wish to maintain records of any test results.

8. Ownership of Rights  

By purchasing and/or using the Wisdom Panel Products, you acknowledge and agree that Wisdom Panel may use, share, or sell any portion of the Kit, the Sample, test results, and any other data or information collected about Pets, for research and development purposes, for internal business purposes, for statistical purposes, to improve the Services, to increase the understanding of a breed’s genetic structure or characteristics, or for any other purpose permitted by applicable law, and that such materials or information may be shared with, disclosed or sold to third parties for these or other lawful purposes. You further acknowledge and agree that Wisdom Panel and its designated licensees shall have all intellectual and other proprietary rights in and to any test results, research findings, analyses, reports, records, data, or other information arising from Wisdom Panel’s use of the rights granted herein. 

9. Privacy

You agree to be bound by our Privacy Policy which is incorporated herein by reference and can be found here: https://www.mars.com/privacy

10. Purchases, Shipping, and Delivery 

If you place an order for a Wisdom Panel Product, the order is subject to our acceptance.  If we are unable to accept your order, we will inform you by email and will not charge you for the Wisdom Panel Product. 

Further, we reserve the right, with or without notice, to cancel or reduce the quantity of products in any order or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms, including but not limited to the prohibition on commercial, non-personal use or resale of the Wisdom Panel Products. Further, we may, at our discretion, require further authorization, such as a telephone confirmation of your order and other information, from you. 

11. Prices and Payments

Unless otherwise specified, all prices are charged in the applicable currency in the location where the order is placed. Customers may be charged credit card fees for currency conversion from non-USD currencies to USD, as applicable. Fees may vary based on currency exchange rates.

We accept the following bank or credit cards: Visa, PayPal, MasterCard, American Express and Discover. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If you purchase any Wisdom Panel Products, you will be responsible for paying any applicable sales tax indicated on the Sites or as otherwise required by your state. 

12. Wisdom Panel Product Promise

If you are unhappy with a Wisdom Panel Product that you purchased from Wisdompanel.com or one of Wisdom Panel’s authorized sellers, your Wisdom Panel product may be covered by Wisdom Panel’s 60-Day Product Promise; for details please see www.wisdompanel.com/en-us/product-promise. Please note that the Product Promise applies to Wisdom Panel products themselves, and not laboratory results or other ancillary services. For questions regarding our Product Promise, you may contact: info@wisdompanel.com.

13. Referral Program

We may offer you the opportunity to participate in referral programs, including the Wisdom Panel Referral Program, through which you and the person you refer can receive credit towards future purchases of a Wisdom Product (“Referral Programs”).  Your participation in any Referral Program, each of which shall constitute a Wisdom Panel “Service” under these Terms, constitutes your agreement to these Terms and any other Referral Program-specific terms communicated to you by us.

By making a valid referral through a Referral Program, you (“Referrer”) and your referred friend (“Friend”) will receive a discount or credit towards the purchase of future Wisdom Products, as specified at the time you sign up. Users may refer a maximum of 25 friends, family members or colleagues. Referrer will be provided with a unique referral link (“Personal Link”) that allows him or her to receive the benefit or reward stated on the Site. Friends must complete the referral as described in the referral message.

You can earn a maximum of 100 advocate reward credits over a 12-month period. Additional restrictions may apply. For example, there may be a limitation on the number of Friends you can refer, or if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. Wisdom Panel may delay a reward for the purposes of investigation. Wisdom Panel may also refuse to process any transaction for any reason. Rewards cannot be redeemed for cash and cannot be combined with other offers/coupons. Coupon codes, discounts, and credits will be valid for six (6)-months after emailed or delivered. Any referral benefits may only be used towards purchase of certain Wisdom Products as specified at the time you make a referral. They are not transferable and may not be auctioned, traded, bartered, shared, or sold.

By participating in a Referral Program, you agree: not to send multiple emails to the same email address or otherwise use spam or unsolicited commercial email, fax messages, text messages, or telephone marketing; attempt to inflate your rewards by circumventing or otherwise compromising our systems; post ads or links on any third-party website or any third party advertising platforms; or violate any federal or state law including the CAN-SPAM Act, state anti-spam laws, and regulations and guidelines issued by the Federal Trade Commission and Federal Communications Commission.  If you are notified by us that a person has requested to “opt-out” of receiving emails from you or Wisdom Panel, you may not send further emails to that person’s email address for the purposes of inducing a Referral. Wisdom Panel reserves the right to suspend or terminate a member at any time without notice or explanation. 

14. Additional Terms

In addition to these Terms, your use of the Services is subject to the Mars Terms of Use, available at https://www.mars.com/global/policies/legal/ld-english and Mars Privacy Statement available at https://www.mars.com/global/policies/privacy/pp-english. If any additional term is irrevocably inconsistent with any provision of these Terms, these Terms will prevail.

You agree not to: (1) access, copy, distribute, or otherwise use the Sites or the Services, except as authorized by this Agreement (2) use any automated system, including without limitation “robots” “spiders” or “offline readers”; (3) interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Sites or Services; (4) collect or harvest any personally identifiable information, including account names, from the Sites or Services; (5) stalk, harass, threaten, bully or harm another individual or transmit any obscenity or pornography; (6) impersonate any person or entity or misrepresent your affiliation with a person or entity; (7) create more than one user account; (8) collect, scrape, or store data about other users; (9) commit fraud; (10) post ads or links on any third-party website or any third party advertising platforms; or (11) violate any federal or state law.  Without limiting the foregoing, you agree to use the Sites and Services in compliance with all laws and to provide truthful and accurate content in all communications made to us.  

Additional or separate terms may also apply to the Wisdom Panel Product(s) you use and purchase. Any additional terms will be specified with the relevant Wisdom Panel Product and those additional terms become a part of your agreement with us if you use those products.

15. Use of Wisdom Panel Content

YOU MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR THE PURPOSES SPECIFIED IN THESE TERMS. The Sites include content such as text, documents, records, photos, videos, and other content that is owned by or licensed to Wisdom Panel. You may use this content only as necessary for your personal use, unless otherwise authorized by Wisdom Panel in writing. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Sites or any portion of such content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites, or frame, deep link, publicly display, broadcast, stream, transmit, modify, publish, sublicense, assign or otherwise distribute the content on the Sites without our prior written consent. You may not circumvent any mechanisms included on the Sites for preventing the unauthorized reproduction or distribution of content on the Sites. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Sites, including Wisdom Panel’s servers, computer network, or User Accounts.

Any use of the Sites or the Wisdom Panel Products not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws. If you violate these Terms, your permission to use the Sites automatically terminates.

16. Intellectual Property

The names, trademarks, service marks, and logos of Wisdom Panel belong exclusively to Mars, Incorporated, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark of Wisdom Panel or any third party.

You may provide content to us, including messages, reviews, comments, photos, video, images, folders, data, text, and other types of works (“User Content”) and publish User Content on the Services. By providing User Content to us, including via the Sites, telephone, text message, mail, email, chat, or otherwise, or by publishing or posting any User Content on third-party websites, platforms, or social media websites or applications, you grant us a nonexclusive license to use, share, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your User Content, and derivative works of your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.  By providing User Content to us via the Services or otherwise, you affirm, represent, and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Wisdom Panel to use and distribute your User Content as necessary to exercise the licenses granted by you in this section; your User Content, and the use of your User Content as contemplated by these Terms, do not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) contain false or misleading content; or (iv) cause Wisdom Panel to violate any law or regulation or otherwise cause liability for Wisdom Panel; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, lewd, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You expressly agree that Wisdom Panel shall be under no obligation to compensate you for any User Content.  

Wisdom Panel is reserves the right, but does not undertake the obligation, to edit or control User Content that you or other users post or publish. If notified that User Content allegedly does not conform to these Terms, we reserve the right (but do not undertake the obligation) to investigate the allegation and determine in our sole discretion whether to remove the User Content, which may do at any time and without notice.

17. Third-Party Websites

The Sites may contain links to third-party websites and services, including academic publications and social media (collectively, “Linked Sites”). Linked Sites are not under the control of Wisdom Panel and Wisdom Panel is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site. 

18. Assignment

You shall not resell or assign your rights, duties or obligations under these Terms, and any attempted assignment or delegation will be void and of no force or effect whatsoever. These Terms may be assigned by Wisdom Panel, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor. In each such event, the personal information we have collected from you, the Samples, test results, and analyses of the Samples, may be among the assets transferred.

19. DISCLAIMERS OF WARRANTIES & LIMITATIONS OF LIABILITY

The Site and the Products are provided to you “AS IS” and “AS AVAILABLE.” WITHOUT LIMITING THE FOREGOING, WISDOM PANEL DOES NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE SITE AND THE SERVICES. WISDOM PANEL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES OR PRODUCTS WILL BE CORRECTED.  WITHOUT LIMITING THE FOREGOING, WISDOM PANEL IS NOT RESPONSIBLE FOR ANY ERRORS IN OBTAINING THE SAMPLE OR FOR ANY INJURIES OR LOSS THAT MAY OCCUR AS A RESULT, OR THE ACCURACY OR RESULTS OF SAMPLE ANALYSES.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF WISDOM PANEL TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, PURCHASE OF ANY WISDOM PANEL PRODUCTS, ANY COMMUNICATIONS BETWEEN YOU AND WISDOM PANEL (INCLUDING COMMUNICATIONS THROUGH THIRD PARTIES), AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID WISDOM PANEL IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S). SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

LEGAL NOTICE FOR NEW JERSEY RESIDENTS: The limitations of liability and exclusion of damages in this section do not apply to New Jersey residents.

20. DISPUTE RESOLUTION

Any dispute relating in any way to your visit to or use of the Site, the Services, your purchase or use of any Wisdom Panel Products, your relationship or communications with Wisdom Panel (including indirect communications through third parties), or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Delaware, without regard to principles of conflict of laws. You and Wisdom Panel agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator.

If a Dispute arises under this Agreement, you agree to first contact us at 1-855-619-1884 (phone) or info@wisdompanel.com (email). Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Delaware: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims 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.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Site, purchase a Product, or submit information through the Site to opt out of this arbitration agreement, by contacting us by email at legal@kinship.co or by mail at 440 Park Avenue, Fl. 5, New York, NY 10022 Attn: Kinship Legal Department. If you do not opt out by the earliest of the date that you visit the Sites, purchase a product, or submit information to us through the Sites, then you are not eligible to opt out of this arbitration agreement.

21. Termination

Wisdom Panel reserves the right, in its sole discretion, to modify, suspend, or terminate any aspect of the Site or the Services, including the Wisdom Panel Products, in whole or part, for any reason, with or without notice.

22. NOTICE TO CALIFORNIA RESIDENTS

With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Sites, California residents are entitled to the following specific consumer rights information:

The provider of the Sites is:

Mars, Incorporated
6885 Elm Street
McLean, VA 22101

To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the attention of “Legal Department” at the above address or contact Mars via e-mail at privacy@effem.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112
Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.

23. Canadian Terms of Service Addendum 

Canadian Terms and Conditions Addendum

This Addendum for Canadian Residents supplements and modifies the information contained in the Wisdom Panel Terms and Conditions, and applies solely to visitors, users, and others who reside in Canada. All capitalized undefined terms used in this Addendum shall have the meanings given to them in the Wisdom Panel Terms and Conditions.  By registering on the Site, making a purchase, or browsing the Site, you represent that (1) you have read, understand, and agree to be bound by the Terms as modified by this Addendum, (2) you are of legal age to form a binding contract, and (3) you have the authority to enter into the Terms as modified by this Addendum.  

1. Paragraph 2 of Section 11 of the Terms is replaced with the following:

We accept the following bank or credit cards: Visa, PayPal, MasterCard, American Express and Discover. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If you purchase any Wisdom Panel Products, you will be responsible for paying any applicable sales tax indicated on the Sites or as otherwise required by your province or territory.

2. Section 13 of the Terms is replaced with the following: 

13.  Referral Program

We may offer you the opportunity to participate in referral programs, including the Wisdom Panel Referral Program, through which you and the person you refer can receive credit towards future purchases of a Wisdom Product (“Referral Programs”).  Your participation in any Referral Program, each of which shall constitute a Wisdom Panel “Service” under these Terms, constitutes your agreement to these Terms and any other Referral Program-specific terms communicated to you by us.

By making a valid referral through a Referral Program, you (“Referrer”) and your referred friend (“Friend”) will receive a discount or credit towards the purchase of future Wisdom Products, as specified at the time you sign up. Users may refer a maximum of 25 friends, family members or colleagues. Referrer will be provided with a unique referral link (“Personal Link”) that allows him or her to receive the benefit or reward stated on the Site. Friends must complete the referral as described in the referral message.

You can earn a maximum of 100 reward credits over a 12-month period. Additional restrictions may apply. For example, there may be a limitation on the number of Friends you can refer, or if the reward is in the form of a gift card, gift certificate, and voucher (including coupon codes, discounts and credits), it may be subject to the issuer’s terms and conditions and any applicable relevant laws, such as gift card legislation. Rewards are subject to verification. Wisdom Panel may delay a reward for the purposes of investigation. Wisdom Panel may also refuse to process any transaction for any reason. Rewards cannot be redeemed for cash and cannot be combined with other offers/coupons. Where permitted by law, coupon codes, discounts, and credits will be valid for six (6)-months after emailed or delivered. Any referral benefits may only be used towards purchase of certain Wisdom Products as specified at the time you make a referral. They are not transferable and may not be auctioned, traded, bartered, shared, or sold.

By participating in a Referral Program, you agree: not to send multiple emails to the same email address or otherwise use spam or unsolicited commercial email, fax messages, text messages, or telephone marketing; attempt to inflate your rewards by circumventing or otherwise compromising our systems; post ads or links on any third-party website or any third party advertising platforms; or violate any federal, provincial or territorial law including Canada’s Antispam Law and the Unsolicited Telecommunications Rules and guidelines issued by the Canadian Radio-television and Telecommunications Commission.  If you are notified by us that a person has requested to “opt-out” of receiving emails from you or Wisdom Panel, you may not send further emails to that person’s email address for the purposes of inducing a Referral. Wisdom Panel reserves the right to suspend or terminate a member at any time without notice or explanation. 

3. The following paragraph from Section 19 is deleted in its entirety:

LEGAL NOTICE FOR NEW JERSEY RESIDENTS: The limitations of liability and exclusion of damages in this section do not apply to New Jersey residents.

4. Section 20 of the Terms is replaced with the following:

20. Dispute Resolution

Where permitted by law, any dispute relating in any way to your visit to or use of the Site, the Services, your purchase or use of any Wisdom Panel Products, your relationship or communications with Wisdom Panel (including indirect communications through third parties), or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the Province of Ontario, without regard to principles of conflict of laws. You and Wisdom Panel agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms. Laws of the Province of Ontario will govern the interpretation of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator.

If a Dispute arises under this Agreement, you agree to first contact us at 1-855-619-1884 (phone) or info@wisdompanel.com (email). Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall, where permitted by law, be submitted to final and binding arbitration before a single arbitrator of the International Centre for Dispute Resolution Canada (“ICDR Canada”) in a location convenient to you, telephonically or by video. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the ICDR Canada and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the ICDR Canada’s Canadian Dispute Resolution Procedures, in effect at the time of submission of the demand for arbitration. The ICDR Canada’s rules are available at  https://www.icdr.org/icdrcanada. A form for initiating arbitration proceedings is available on the ICDR Canada’s site at https://www.icdr.org/icdrcanada. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the provincial and federal courts of Ontario: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims 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.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. 

5. Section 22 of the Terms is replaced with the following:

22. Notices 

You may contact us by writing or call us at the address and/or telephone number listed below:

Kinship Partners Inc.
440 Park Avenue, Fl. 5
New York, NY, 10022
Attn: Legal Department
Phone: 1-855-619-1884
E-mail: legal@kinship.co

6. These Terms and this Addendum are in the English language only, and will only be provided in the English language. Any version of these Terms and this Addendum in any other language will not be binding on the parties to these Terms and this Addendum. All communications and notices to be made or given pursuant to these Terms and this Addendum must be in the English language.