THESE TERMS CONTAIN A MANDATORY DISPUTE RESOLUTION PROVISION AND BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.

These Terms of Use, together with any documents that they expressly incorporate by reference (as modified, the “Terms”), governs your right to access and use of United States Anti-Doping Agency’s (“USADA,” “we,” “our,” or “us”) online platform for the collection, storage, and disclosure of athlete’s whereabouts, known as Athlete Connect and located at https://athleteconnect.usada.org/ (as modified, “Site”), the mobile application for the Athlete Connect platform (the “App”) and the various other related services, premium and other features, functions, software, applications and websites arising from the use of the Site and App (collectively, with the Site and the App, the “Services”). All defined terms not defined in these Terms shall have the meaning given to them in the Privacy Policy (defined below) or any document or form provided by USADA to you. These Terms are a legally binding contract between you and USADA regarding your access and use of the Services.

If you younger than 18 years of age, then you may access and use the Services only if you have your parents’ or guardians’ prior permission. You agree to cooperate with any requests from USADA to verify the identity and permission given by your parent or guardian. If you don’t receive this permission, your parent or guardian must access the Services directly on your behalf. By accessing or using the Services, you represent that you are at least 18 or have your parents’ or guardians’ prior permission to do so. If you are a parent or guardian providing permission for a child aged 18 or younger to access or use the Services, then you agree to accept full responsibility for that child’s or dependent’s use of and access to the Services under these Terms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, ACCESSING OR USING THE SITE, THE APP, OR ANY OF THE OTHER SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS, AND ARE DOING SO (FOR YOURSELF AND/OR YOUR CHILD OR YOUR ATHLETE), (B) YOU CAN LEGALLY ENTER INTO THESE TERMS, AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND/OR YOUR CHILD OR YOUR ATHLETE) SHALL BE BOUND BY THESE TERMS AND USADA’S PRIVACY POLICY (HTTPS://WWW.USADA.ORG/PRIVACY-STATEMENT) (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO ACCESS AND USE THE SERVICES.

ARBITRATION NOTICE. Except for certain kinds of disputes as explicitly described in these Terms, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND USADA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

Unless you have entered into any other executed agreements (including the Doping Control Form or similar documentation) with USADA regarding the applicable Services or which otherwise expressly reference these Terms (an “Executed Agreement”), these Terms are the complete and exclusive agreement between you and USADA regarding your access to and use of the Services. By accessing the Services, in addition to obligations herein, you agree to comply with and be bound by the USADA Protocol for Olympic and Paralympic Movement Testing and the World Anti-Doping Code, which are hereby incorporated by reference into these Terms. You will submit to the results management authority and process of USADA and your International Federation, including arbitration under the USADA Protocol for Olympic and Paralympic Movement Testing and the anti-doping rules of your International Federation.

Other than the Executed Agreement (if applicable), these Terms supersede any prior agreement or other communications between you and USADA relating to your use of and access to the Services. If you have an Executed Agreement with USADA, these Terms are intended to supplement and work in conjunction with the Executed Agreement; however, to the extent there is any express and direct conflict between these Terms and the Executed Agreement, your Executed Agreement shall control to the extent of such conflict.

1. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and in Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Account Management

(a) Account. In order to make use of the Services, you will have to create an account (“Account”). You agree not to create an Account for anyone else unless for your child, dependent or athlete. You may not use the account of another without their permission. When creating an Account, you will be required to provide us with some information about yourself/your child/your athlete, such as your name, email address or other contact information. You represent and warrant that: (i) all information you provide in your registration is true, accurate, current, and complete; and (ii) you will maintain and promptly update such information to keep it true, accurate, current, and complete. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your Account. You shall not share your Account or access to the Site, the App and any of the other Services with any other person except as authorized under these Terms. You are solely responsible for the activity that occurs in, and maintaining the confidentiality of, your Account and password. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. Your Account is solely for your personal and non-commercial use. You may not sublicense, distribute, sell, lease, rent, loan or otherwise transfer your Account or the right to access your Account to any third party.

(b) Access. Subject to your complete and ongoing compliance with these Terms, USADA grants you, and solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable: (i) license to install and use one object code copy of the App obtained from a legitimate app store on a mobile device that you own or control solely to access and use the Services; and (ii) the right to and access to and use of the Services. The limited rights granted to the access and use of the Services compromise a limited license and do not constitute the sale or the transfer of ownership rights to the underlying software program.

(c) USADA Support Access. You agree that USADA may, from time to time, access your Account with your credentials to confirm your view of whereabouts information, to assist with or resolve technical issues relating to your Account, or, if you request, to update your Account information.

(d) Prevention of Unauthorized Use. USADA reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Site or the App or the circumvention of the other Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

(e) Push Notifications. When you install our App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

(f) App Store Usage Rules. If you are downloading the App from an app store (an “App Store”), please be aware that the App Store may have established usage rules, which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain App Stores below in Section 22 but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from an App Store, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into these Terms by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App. If you are unable to make such a representation, you are prohibited from installing and/or using the App.

(g) Reviews. Users may submit opinions, assessments and reviews about the Services (“User Reviews”). We have no obligation to check, verify the correctness and reliability, censor or supervise User Reviews, and therefore we do not assert any liability for any and all losses or damages that may be caused as a result from a User Review. You shall be solely responsible for your User Review and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Review and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any User Review. By submitting a User Review, you hereby grant USADA a worldwide, irrevocable, non-exclusive, fully paid, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Review for any purpose, including without limitation for publishing and redistributing part or all of your User Reviews (and derivative works thereof) in any media formats and through any media channels and to improve the Site, the App and the other Services without restriction and create other products and services, and you hereby waive any moral rights in your User Reviews or rights to compensation, to the extent permitted by law.

3. License; Permitted and Non-Permitted Uses of the Services

(a) You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm USADA, its users and customers, or expose any of the same to liability.
• To violate (or help or encourage others to violate) these Terms or our other policies.

(b) Additionally, you agree not to:

• Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
• Access or use the Services for the benefit of anyone other than you or your child or your athlete except in accordance with these Terms, including selling, renting, reselling or distributing, in whole or in part, the Services;
• Copy, disclose, or distribute any data or other information available through the Site, the App or any of the other Services and/or information, in any medium, including without limitation through the Services, by any automated or non-automated “scraping”;
• Interfere with, circumvent or disable any security or other technological features or measures of any of the Services or attempt to gain unauthorized access to the Services or its related systems or networks;
• Use bots or other automated methods to access the Services,  download any information, send or redirect messages or perform any other activities through the Services;
• Take any action that USADA determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
• Upload invalid data, viruses, worms or other software agents through the Services;
• Collect, harvest or derive any personally identifiable information, including names, email addresses, athlete whereabouts from the Services except as may be expressly contemplated by these Terms;
• Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
• Use the Site, the App, or any of the other Services for any unlawful or inappropriate activities, including to circumvent USADA, build a competitive product or otherwise by providing app or device related services that are in competition with USADA;
• Use any of the Services for any commercial solicitation purposes except as authorized by these Terms, including sending commercial electronic messages;
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
• Use any device, software, or routine that interferes with the proper working of the Services;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Services.

4. Personal Data Collection

(a) General. All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including the disclosure of your personal information to third parties, including our service providers and vendors. All personal data collected by USADA is stored in the United States, which may not have privacy laws as protective as those in your own country.

(b) Geo-Alerts Data. The Services permit you to monitor your own geolocation through your mobile electronic device through the establishment of geo-fences in order to push reminders and alerts to you regarding your location (“Geo-Alerts Data”). The Geo-Alerts Data is for your own personal use and neither USADA nor its vendors or licensors store or access the Geo-Alerts Data that is generated through the Services, although we may monitor the activation and delivery of related location alerts. The location alerts provided by the Services are for reminder purposes only, and in addition to the other warranties and disclaimers in these Terms, USADA and its vendors and licensors do not represent or warrant, and hereby disclaim any and all implicit or explicit warranties relating to, the accuracy, efficacy or functionality of the location-related Services and Geo-Alerts Data. You are solely responsible for complying with any and all whereabouts rules and regulations. This feature is optional and will only be utilized if you enable the related features of the Services as well as location services through your mobile electronic device. USADA and its vendors and licensors are not responsible or liable for any other third party’s access or use of your geolocation information arising from your activation of location services on your mobile electronic device.

5. Intellectual Property Rights

The Services, including its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“USADA Content”) are owned by USADA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  The USADA Content is not sold or transferred to you, and USADA and its licensors retain ownership of all copies of the USADA Content. We reserve all rights not expressly granted in and to the USADA Content. To learn more about how we use information that you provide to us through the Services, please review our Privacy Policy.

6. Trademarks

USADA’s names, the terms Athlete Connect, Athlete Connect USADA, and the USADA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of USADA or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site or in the App or other Services are the trademarks of their respective owners. We reserve all rights not expressly granted in and to such marks.

7. Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any reason, including for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting information through the Services.

8. Reliance on Information Posted

The information presented on or through the Site or the App or other Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.

9. Changes to the Services

We may update the Services or their content from time to time, but such content is not necessarily complete or up-to-date. Any of the material available through the Services may be out of date at any given time, and we are under no obligation to update such material.

10. Service Limitations

We shall make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that USADA will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services.

11. Linking to the Site and Social Media Features

You may link to our homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice.

12. Disclaimer of Warranties

(a) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE, THE APP OR ANY SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE LINKED THROUGH THE SERVICES.

(b) YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER USADA NOR ANY PERSON ASSOCIATED WITH USADA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER USADA NOR ANYONE ASSOCIATED WITH USADA REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS OR INFORMATION OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

(c) TO THE FULLEST EXTENT PROVIDED BY LAW, USADA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, TITLE AND FITNESS FOR PARTICULAR PURPOSE.

(d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

13. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL USADA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITE LINKED TO OR THROUGH THE SERVICES, ANY CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless USADA, its affiliates, licensors, and service providers, and the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained through the Services.

15. Mandatory Arbitration and Class Action Waiver

Please read this section carefully — it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.

(a) Generally. In the interest of resolving disputes between you and USADA in the most expedient and cost-effective manner, and except as described in Sections 14(b) and 14(c), you and USADA agree that every Dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The term “Dispute” shall be interpreted broadly and shall include any dispute, claim or controversy between you and USADA, its affiliates and subsidiaries arising out of or relating to these Terms, your access or use of the Services, your use of any products or services made available through the Services whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall include: (i) any dispute or claim that arose before the existence of this or any prior Terms (including any claims related to advertising); (ii) any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property, or other types of disputes or claims specifically exempted in these Terms. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (x) issues that are reserved for a court in these Terms and (y) issues that relate to the validity and enforceability of the arbitration agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND USADA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Despite the provisions of Section 14(a), nothing in these Terms will be deemed to restrict or otherwise limit the right of either party to: (i) bring an individual action in small claims court to the extent that the applicable requirements have been met; (ii) pursue an enforcement action through the applicable federal, state, provincial or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in any court of competent jurisdiction to address an intellectual property infringement claim.

(c) Opt-Out. If you do not wish to resolve Disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after the date that you first agree to these Terms by sending a letter to United States Anti-Doping Agency, Attention: Legal Department, 5555 Tech Center Drive, Suite 200, Colorado Springs, CO 80919 that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once USADA receives your Opt-Out Notice, this Section 14 (other than Section 14(b)) will be null and void, and in that case, the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms or any of the Services. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

(d) Arbitration. Any arbitration between you and USADA will be settled under the Federal Arbitration Act and administered by the New Era ADR (“New Era”) under its New Era ADR Rules and Procedures (collectively, “New Era Rules”) as modified by these Terms. The New Era Rules and filing forms are available online at www.neweraadr.com, by emailing New Era at support@neweraadr.com, or by contacting USADA. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

(e) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified or registered mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (the “Notice of Arbitration”). USADA’s address for Notice is: United States Anti-Doping Agency, Attention: Legal Department, 5555 Tech Center Drive, Suite 200, Colorado Springs, CO 80919. The Notice of Arbitration must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, either you or USADA may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or USADA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by USADA in settlement of the Dispute prior to the award, then USADA will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00 USD.

(f) Additional Procedures for Mass Arbitration Filings (“Additional Procedure”). If twenty-five (25) or more claimants (including you) submit Notices of Arbitration or seek to initiate arbitrations raising similar claims against USADA and are represented by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you agree that these additional procedures shall apply. The parties agree that as part of these procedures, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated through arbitration, and conserve the parties’ and NewEra’s resources. If you elect to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to NewEra until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

i.             Stage One

If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for USADA shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually as part of Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of staged proceedings, counsel for the parties shall participate in a global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining disputes, and USADA shall pay the mediator’s fee.

ii.           Stage Two

If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for USADA shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of this second staged process. The number of Disputes to be selected to proceed in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually as part of Stage Two). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless counsel for the parties agree otherwise and shall proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, counsel for the parties shall participate in a second global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and USADA shall again pay the mediator’s fee.

Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Arbitration Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

(g) Fees; Prevailing Party. If you commence arbitration in accordance with these Terms, USADA will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 USD, in which case the payment of any fees will be decided by the NewEra Rules. The party prevailing in any arbitration shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

(h) No Class Actions. YOU AND USADA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and USADA otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(i) Modifications to this Arbitration Provision. If USADA makes any future change to this arbitration provision, other than a change to USADA’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to USADA’s address for Notice of Arbitration, in which case (i) your account with USADA and your right to access and use the Services will be immediately terminated and (ii) this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

(j) Enforceability. If Section 14(h) or the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 (other than Section 14(b)) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms or any of the Services.

16. Governing Law and Jurisdiction

(a) All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

(b) Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Waiver and Severability

(a) No waiver by USADA of any term or condition set out 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 of USADA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

(b) If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19. Construction and Interpretation

You agree that the interpretation of these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms.

20. Assignment

USADA may assign these Terms, and any of its rights under the Terms, in whole or in part, and USADA may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

21. Entire Agreement

Subject to the terms of any applicable Executed Agreement, these Terms constitute the sole and entire agreement between you and USADA regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

22. App Store Requirements and Usage Rules

(a) Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Terms, you acknowledge and agree that:

1. This agreement is concluded between USADA and you only, and not with Apple, and Apple is not responsible for the App and the content thereof;
2. Your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement;
3. The license granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
4. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
5. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
6. Apple is not responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
7. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and
8. Apple, and its subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

(b) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

(c) If you have any questions, complaints, or claims regarding the App, please contact USADA at: athleteconnect@USADA.org.

(d) By entering into this agreement, you, to the extent legally permitted, hereby waive any applicable law requiring that this agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement, which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

(e) Google. By using the App and the Services, you are using Google Maps API(s). Therefore, by using the App or the Services, you shall be bound by Google’s Terms of Service (found at https://www.google.com/intl/en/policies/terms/), which is incorporated herein by reference. In addition, by using the App and the Services, you are bound by the Google Privacy Policy (found at https://www.google.com/policies/privacy/). USADA does not accept any responsibility for the content of the Google Terms of Service or the Google Privacy Policy.

23. Consent to Electronic Communications, Transactions, and Signatures

By engaging with the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or in the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the complaint assistance unit of the division of consumer services of the California department of consumer affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. Term and Termination

These Terms shall remain in full force and effect while you use the Services and thereafter. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your Account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. This Section 24 is not subject to dispute resolution terms of Section 14.

26. Notices

Except as expressly stated otherwise, any notices required or allowed under these Terms will be given to USADA by postal mail to the address for USADA at the end of these Terms. 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 athleteconnect@USADA.org. With respect to USADA’s notices to you, USADA may provide notice of amendments by posting them through any of the Services 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 any of the Services. 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.

27. Survival

Any Section by its terms or effect that should survive the termination of these Terms shall so survive. However, at least the following sections shall survive the termination of these Terms: Sections 2. (Account Management); 4. (Personal Data Collection); 5. (Intellectual Property Rights); 6. (Trademarks); 8. (Reliance on Information Posted); 11. (Linking to the Site and Social Media Features); 12. (Disclaimer of Warranties); 13. (Limitation on Liability); 14. (Indemnification); 15. (Mandatory Arbitration and Class Action Waiver); 16. (Governing Law and Jurisdiction); 17. (Limitation on Time to File Claims); 18. (Waiver and Severability); 19. (Construction and Interpretation); 21. (Entire Agreement); 22. (App Store Requirements and Usage Rules); 23 (Consent to Electronic Communications, Transactions, and Signatures); 26. (Notices); 27. (Survival); 28. (Translation).

28. Translation

These Terms were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.

29. Your Comments and Concerns

The Services are operated by:

United States Anti-Doping Agency
5555 Tech Center Drive, Suite 200
Colorado Springs, CO 80919

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: athleteconnect@USADA.org.