LAST MODIFIED: JULY 18 , 2023
which include the content, functionality, services offered on or through these websites (as modified, “Sites”) and the various other related services, premium and other features, functions, software, applications and websites arising from the use of the Sites (collectively with the Sites, the “Services”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
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. 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 Jurisdiction 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. Permitted and Non-Permitted Uses of the Sites
You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use our Sites:
- 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 Sites, 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.
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 Sites or 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 Sites or 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 Sites or the Services;
- Copy, disclose, or distribute any data or other information available through the Sites or any of the other Services and/or information, in any medium, including without limitation on the Sites, by any automated or non-automated “scraping”;
- Interfere with, circumvent or disable any security or other technological features or measures of the Sites or any of the other Services or attempt to gain unauthorized access to the Services or the Sites or its related systems or networks;
- Use bots or other automated methods to access the Sites or any of the other Services, download any information, send or redirect messages or perform any other activities through the Sites or any of the other 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 Sites or any of the other Services;
- Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- Use the Sites 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; or
- 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 Sites 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.
- Otherwise attempt to interfere with the proper working of the Services.
3. 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.
USADA’s names, the terms 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 these Sites or through the other Services are the trademarks of their respective owners. We reserve all rights not expressly granted in and to such marks.
5. 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.
6. Reliance on Information Posted
The information presented on or through the Sites or the 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.
7. 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.
8. 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.
9. Linking to the Sites and Social Media Features
You may link to our homepages of the Sites, 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.
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites 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 SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR ANY SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE SITES OR ANY SERVICES.
YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SERVICES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR 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 OF THE SITES OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER USADA NOR ANYONE ASSOCIATED WITH USADA REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE SITES OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR 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 SITES OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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.
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.
11. Limitation of 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 SITES, OR THE SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITES, 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, AND 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.
You agree to defend, indemnify, and hold harmless USADA, its affiliates, licensors, and service providers, and its 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 Sites or any of the other Services, including, but not limited to, any use of the Sites’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Sites or the other Services.
13. Governing Law and Jurisdiction
a) All matters relating to the Sites or the other 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 Sites or 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.
14. 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 SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Waiver and Severability
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.
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.
16. 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.
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.
18. Entire Agreement
19. Consent to Electronic Communications, Transactions, and Signatures
Visiting the Sites, 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 Sites, 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 Sites or other 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.
20. 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.
21. Term and Termination
These Terms shall remain in full force and effect while you use the Sites or the other 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 Sites and 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 Sites or other 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 21 is not subject to dispute resolution terms of Section 13.
22. Your Comments and Concerns
The Sites 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 Sites should be directed to: usada@USADA.org.