UNITED STATES ANTI-DOPING AGENCY
WHEREABOUTS TERMS OF SERVICE
Last modified: April 3, 2015
WHEREABOUTS TERMS OF SERVICE
Last modified: April 3, 2015
Thank you for using the Whereabouts services (the "Services"), and this Whereabouts website (the "Site"). The Services and the Site are provided by the United States Anti-Doping Agency ("USADA"), located at 5555 Tech Center Drive, Suite 200, Colorado Springs, Colorado 80919, United States. Be sure to read the Terms of Service below (this "Agreement"), as they cover the terms and conditions that apply to your use of the Services and the Site. USADA may change this Agreement from time to time. By continuing to use the Services or the Site following such modifications, you agree to be bound by such modifications to this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW AND REFRAIN FROM USING ANY OF THE SERVICES.
1. USE OF THE SITE OR THE SERVICES. You must be 13 years or older to access or use the Site or the Services. If you are under 13, then you may not use or access the Site or the Services under any circumstances. If you are 13 or older and younger than 18, then you may access and use the Site or the Services only if you have your parents' or guardians' prior permission. By accessing or using the Site or the Services, you represent that you are at least 18 or that you are at least 13 and have your parents' prior permission to do so. If you are a parent or guardian providing permission for a child age 13 or older to access or use the Site or the Services, then you agree to accept full responsibility for that child's use of and access to the Site or the Services under this Agreement. You may access and use the Site or the Services solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you are required to agree to before being given access to any specific areas of the Site or the Services (any such additional agreements are in addition to this Agreement and will govern your use of the portions of the Site or the Services to which those additional agreements apply in the event of a conflict between the terms of this Agreement and those additional agreements). USADA reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site or the Services (or any portion thereof) with or without notice.
2. YOUR ACCOUNT. To utilize some of the Services and some areas of the Site, you may be asked to create a password-protected account to access the Services and areas of the Site (your "Account"). You agree to keep your Account information and password confidential. You agree to notify USADA immediately of any actual or suspected unauthorized use of your Account. Your Account is solely for your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer your Account or the right to access your Account to any third party. You are solely responsible for all activities that occur through your Account. USADA will not be responsible for any loss to you caused by your failure to comply with these obligations. You represent and warrant that: (a) all information you provide in your registration is true, accurate, current, and complete; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete. As part of the registration process, you may be assigned or permitted to create a user ID for use in identifying your Account (a "User ID"). You may not: (x) select or use a User ID of another person with the intent to impersonate that person; (y) use a User ID in which another person has rights without such person's authorization; or (z) use a User ID that USADA, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
4. SOFTWARE AND WIDGETS. The widgets and other software and code available on or for download through the Site or the Services ("Software") are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents (and patent applications), trade secrets, and other proprietary and intellectual property rights ("Intellectual Property Rights"). Unless otherwise expressly stated in a license or other agreement separate from this Agreement that you may have entered into (or may enter into) with USADA or its Affiliates (as defined below) relating to any Software (each such license or other agreement, a "Software License Agreement"), USADA grants you a personal, limited, non-exclusive right to download, install, and execute a single copy of the Software in accordance with the instructions provided on the Site or through the Services and solely for your own personal and non-commercial purposes. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), you are granted no licenses or rights, whether by implication, estoppel or otherwise, in or to any Software or any Intellectual Property Rights therein or related thereto, and you may not modify, copy, or reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of USADA.
5. CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, and other content (collectively, "Content") available on the Site or provided from or through the Site or the Services, including, without limitation, all Content made available through any widget or other partners, affiliates, and licensors (collectively "Affiliates"), is owned by USADA or its Affiliates. Your access to, and use of, any Content is also subject to any other license or other agreement separate from this Agreement that you may have entered into (or may enter into) with USADA or any of its Affiliates related to that Content (each of those licenses or other agreements, a "Content Agreement"). Except as expressly set forth in this Agreement or a Content Agreement, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Content, or any Intellectual Property Rights therein or related thereto, and you may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Content without the prior written permission of USADA. If you would like to use the Content in a manner that is not expressly set forth in this Agreement or any other Content Agreement, please send your request to USADA by emailing USADA at firstname.lastname@example.org.
6. MARKS. Unless otherwise labeled, all trademarks, trade names, service marks, logos, banners, and page headers displayed on the Site or through the Services (collectively, the "Marks") are the property of USADA or its Affiliates. Except as expressly set forth in this Agreement, you may not display, link to or otherwise use the Marks without the prior written permission of USADA or the appropriate Affiliate.
8. CONDUCT. You will not and will not permit any third party to: (a) use the Site or the Services to harvest or collect e-mail addresses, whereabouts or other contact information of other users from the Site or the Services by electronic or other means for any purpose; (b) use the Site or the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or the Services; (c) use the Site, the Services, Software, or Content for any commercial purpose or in any automated manner; (d) use automated scripts to collect information from or otherwise interact with the Site or the Services; (e) use the Site or the Services to intimidate, harass, or bully any person or entity; (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Site, the Services or any Software; (g) remove, bypass, or circumvent any notices included on the Site, the Services, Software, or Content; or (h) upload to the Site or provide to USADA any code or device capable of or intended to interrupt, harm, or damage the Site, the Services, Software, or Content or the operation thereof.
9. CLAIMS OF INFRINGEMENT. Just as USADA requires users of the Site and the Services to respect the Intellectual Property Rights of USADA, its Affiliates, and other third parties, USADA respects the Intellectual Property Rights of users of the Site and the Services and other third parties. If you believe, in good faith, that your Intellectual Property Rights have been infringed or misappropriated on the Site or through the Services without authorization in a way that constitutes infringement, you may notify USADA by mail to:
U.S. Anti-Doping Agency
5555 Tech Center Drive
Colorado Springs, CO 80919
Please provide the following information to USADA:
1. The identity of the infringed work, and of the allegedly infringing work;
2. Your name, address, daytime phone number, and e-mail address;
3. A statement that you have a good faith belief that the use of the potentially infringing work is not authorized by the owner, his or her agent, or the law;
4. A statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
5. Your signature.
10. REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of USADA and its Affiliates that: (a) You have the legal right and authority to enter into this Agreement; (b) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with your access to the Site or use of the Services; and (c) all information you provide to USADA in connection with this Agreement and your access to the Site or use of the Services is correct and current.
11. DISCLAIMER AND LIMITATION OF LIABILITY.
(a) Disclaimer. THE SITE AND ALL CONTENT, SOFTWARE, AND THE SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, OR OTHERWISE PROVIDED BY USADA, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. NEITHER USADA NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT, OR OTHER DATA OR INFORMATION DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. USADA DOES NOT PRESCREEN CONTENT PROVIDED BY USERS, AND YOU UNDERSTAND THAT BY USING THE SITE, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL USADA BE LIABLE IN ANY WAY FOR ANY OF THE SERVICES, SOFTWARE OR CONTENT. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE SERVICES, THE SOFTWARE, AND CONTENT IS AT YOUR OWN DISCRETION AND YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF THE SITE OR ANY OF THE SERVICES, SOFTWARE, OR CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, USADA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, AND THE SERVICES, SOFTWARE, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE OR THE SERVICES, SOFTWARE, OR CONTENT AND THAT INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.
(b) Limitation. IN NO EVENT WILL USADA BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE OR ANY OF THE SERVICES, SOFTWARE, OR CONTENT, EVEN IF USADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USADA'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $100.
12. INDEMNIFICATION. You hereby indemnify, defend, and hold harmless USADA and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (collectively, "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from your accessing or using the Site, the Services, Software or Content, or your breach of any term of this Agreement. USADA will provide you with notice of any such claim or allegation, and USADA will have the right to participate in the defense of any such claim at its expense.
13. AMATEUR ATHLETES. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE OR THE SERVICES DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. USADA IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE SITE OR THE SERVICES RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
14. PHYSICAL ACTIVITY. The Site and the Services may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. USADA is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Site or the Services.
16. LINKED SITES. The Site and the Services may contain links to third party sites or services that are not under the control of USADA, and USADA is not responsible for any content on any linked site or service. If you access a third party site or services from the Site or through the Services, then you do so at your own risk. USADA provides links only as a convenience, and the inclusion of the link does not imply that USADA endorses or accepts any responsibility for the content on those third party sites or services. USADA welcomes links to the Site. You may establish a link to the Site, provided that the link does not provide or imply any sponsorship or endorsement of your site by USADA or any group or individual affiliated with USADA. You may not use on your site or through your service any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site or service the Content or other materials on the Site or provided through the Services without prior written consent.
17. MOBILE SERVICES. The Site and/or the Services may be available on mobile devices and wireless services, or devices linked through Wi-Fi. USADA does not charge you for the use of the Site or the Services; however, your mobile service, Wi-Fi or Internet provider may charge for those services that it provides, which are related to the Site or the Services. You should check with your mobile service, Wi-Fi or Internet provider to learn about such charges. By using the Site and/or the Services, you agree that USADA may communicate with you regarding the Site and the Services by SMS, text message, email or other electronic means to your mobile device or email address.
19. SECURITY. USADA is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. The Internet is an open system, however, and USADA cannot and does not guarantee that the personal information you have entered will not be intercepted by others and decrypted. You agree that USADA shall not be liable for any security breaches, provided USADA was not grossly negligent in permitting such a breach.
20. NOTICES. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to USADA by postal mail to the address for USADA listed on the Site. If applicable law requires that USADA accepts e-mail notices (but not otherwise), then you may send USADA an e-mail notice by emailing USADA at email@example.com. With respect to USADA's notices to you, USADA may provide notice of amendments by posting them on the Site and you agree to check for changes. In addition, or in lieu thereof, USADA may give notice by sending e-mail to the e-mail address you provide during registration for the Site. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
21. GENERAL TERMS.
(a) Third Party Beneficiaries. USADA's Affiliates are intended third party beneficiaries under this Agreement with the right to enforce the provisions that directly concern the Services, Content, or Software to which they have rights.
(b) Assignment. You may not assign, delegate or transfer this Agreement or any of your rights or duties hereunder, and any attempt to do so will be null and void.
(c) USADA Protocol. As a user of the Site and the Services, you are bound by the provisions of the USADA Protocol for Olympic and Paralympic Movement Testing (the "USADA Protocol"), which may be found at http://www.usada.org/wp-content/uploads/USADA_protocol.pdf. In the event of any conflict between the terms of this Agreement and the USADA Protocol, the USADA Protocol shall control.
(d) Integration. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. This Agreement may not be modified by you except upon mutual written agreement by you and USADA. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
(e) Modifications. USADA reserves the right, at any time and without notice, to add to, change, update, or modify the Site, the Services, or this Agreement, simply by posting such addition, change, update, or modification on the Site or providing it through the Services. Any such addition, change, update, or modification will be effective immediately upon posting on the Site or providing it through the Services, and your continued use of the Site or the Services following posting or providing of any such addition, change, update, or modification will constitute your agreement to be bound by the addition, change, update, or modification.
(f) Severability. If, for any reason, any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
(g) Jurisdiction and Venue. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES (WHETHER OF COLORADO OR ANOTHER JURISDICTION). YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO THE JURISDICTION AND VENUE IN THE STATE COURTS SITTING IN COLORADO SPRINGS, COLORADO, AND THE FEDERAL COURTS SITTING IN DENVER, COLORADO. Any litigation shall proceed solely on an individual basis without the right for any claims to be litigated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. A court's authority to resolve and make awards is limited to claims between you and USADA alone. No claims may be joined or consolidated unless agreed to in writing by all parties hereto. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys' fees and expenses from the other party. Notwithstanding the above, nothing in this Agreement is intended to, or does, create a private right of action for any matter which the USADA Protocol or Ted Stevens Olympic and Amateur Sports Act provides an internal or arbitral remedy.