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TRUESPORT

TERMS OF USE

Last modified: April 7, 2020

Welcome to TrueSport. United States Anti-Doping Agency and/or its affiliates, including TrueSport (“TrueSport”), provide website features and other products and services to you when you visit or shop at TrueSport.org, use TrueSport products or services, use TrueSport applications or use software provided by TrueSport in connection with any of the foregoing (collectively, the “TrueSport Services”). TrueSport provides the TrueSport Services subject to the following conditions.

 

BY USING ANY OF THE TRUESPORT SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.

 

TrueSport reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms of service (these “Terms”), at any time. By continuing to use any of the TrueSport Services following such modifications, you agree to be bound by such modifications to these Terms.

 

1. PRIVACY POLICY. Please review the Privacy Policy (the “Privacy Policy”), which also governs your use of the TrueSport Services, and are integrated by reference herein.

 

2. USE OF THE TRUESPORT SERVICES. You must be 13 years or older to access or use the TrueSport Services. If you are under 13, then you may not use or access the TrueSport Services under any circumstances. If you are 13 or older and younger than 18, then you may access and use the TrueSport Services only if you have your parents’ or guardians’ prior permission. By accessing or using the TrueSport 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 TrueSport Services, then you agree to accept full responsibility for that child’s use of and access to the TrueSport Services under these Terms. You may access and use the TrueSport Services solely for lawful purposes and only in accordance with these Terms and any other agreement you are required to agree to before being given access to any specific TrueSport Services (any such additional agreements are in addition to these Terms and will govern your use of the TrueSport Services to which those additional agreements apply in the event of a conflict between these Terms and those additional agreements). TrueSport reserves the right at any time and in its sole discretion to modify, suspend, or discontinue any or all of the TrueSport Services with or without notice.

 

3. YOUR ACCOUNT. To utilize some of the TrueSport Services, you may be asked to create a password-protected account (your “Account”). You agree to keep your Account information and password confidential. You agree to notify TrueSport 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. TrueSport 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 TrueSport, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your Account.

 

4. TERM AND TERMINATION. These Terms will be effective on the date that you first use any of the TrueSport Services and will continue until terminated. TrueSport may terminate these Terms, and your access to any or all of the TrueSport Services, immediately, for any reason or no reason, with or without notice to you. TrueSport may also suspend your use of any or all of the TrueSport Services and direct you to cease using any or all of the TrueSport Services with or without notice to you and with or without cause. Upon any termination of these Terms, all rights granted to you under these Terms will cease, your Account will be closed, and you must promptly discontinue all use of or access to any of the TrueSport Services. Sections 1(PRIVACY POLICY), 4 (TERM AND TERMINATION), 5 (SOFTWARE AND WIDGETS), 6 (CONTENT), 9 (FEES), 11 (TRUESPORT SERVICES RESTRICTIONS), 12 (TERMINATION), 13 (MARKS), 14 (POSTINGS AND UPLOADS), 15 (CONDUCT), 16 (CLAIMS OF INFRINGEMENT), 17 (REPRESENTATIONS AND WARRANTIES), 18 (DISCLAIMER AND LIMITATION OF LIABILITY), 19 (INDEMNIFICATION), 20 (PHYSICAL ACTIVITY), 21 (LINKED SITES), 22 (MOBILE SERVICES), 23 (NOTICES), and 24 (GENERAL TERMS) shall all survive termination or expiration of these Terms for any reason as they apply to the rights granted to TrueSport and the restrictions placed on you.

 

5. SOFTWARE AND WIDGETS. The widgets and other software and code available on or for download through the TrueSport 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 these Terms that you may have entered into (or may enter into) with TrueSport or its Affiliates (as defined below) relating to any Software (each such license or other agreement, a “Software License Agreement”), TrueSport 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 through the TrueSport 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 TrueSport.

 

6. CONTENT. All text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork, computer code and other content (collectively, “Content”), including without limitation, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, available through any of the TrueSport Services, including, without limitation, all Content made available through any widget or other partners, affiliates, and licensors (collectively “Affiliates”), is owned by TrueSport or its Affiliates and is protected by United States and international copyright laws. Your access to, and use of, any Content is also subject to any other license or other agreement separate from these Terms that you may have entered into (or may enter into) with TrueSport 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 these Terms or a Content Agreement, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Content, or any Intellectual Property Rights therein or related thereto, and you may not copy, modify, reproduce, upload, perform, publicly display, create derivative works from, republish, post, transmit, encode, translate, participate in the transfer or sale of, distribute (including without limitation, “mirroring”), or in any way exploit any portion of the Content or the TrueSport Services without the prior written permission of TrueSport. If you would like to use the Content or the TrueSport Services in a manner that is not expressly set forth in these Terms or any Content Agreement, please send your request by emailing TrueSport at truesport@truesport.org.

 

7. LICENSE AND ACCESS. Subject to your compliance with these Terms and any Content Agreement, and your payment of any applicable fees, TrueSport or its Affiliates grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the TrueSport Services and the Content.  This license does not include any resale or commercial use of any of the TrueSport Services or the Content; any derivative use of any of the TrueSport Services or the Content; any downloading, copying, or other use of any of the TrueSport Services or the Content for the benefit of any third party; or any use of any data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms or any Content Agreement are reserved and retained by TrueSport or its Affiliates.  None of the TrueSport Services, nor any part of any of the TrueSport Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TrueSport.  You may not frame or utilize framing techniques to enclose any trademarks, trade names, service marks, logos, banners, and page headers displayed through any of the TrueSport Services (collectively, the “Marks”) or proprietary information (including images, text, page layout, or form) of TrueSport without express written consent.  You may not use any meta tags or any other “hidden text” utilizing TrueSport’s name or Marks without the express written consent of TrueSport.  You may not misuse any of the TrueSport Services.  You may use the TrueSport Services only as permitted by law.  The licenses granted by TrueSport terminate if you do not comply with these Terms or any Content Agreement.

 

8. CONTENT DESCRIPTIONS. TrueSport attempts to be as accurate as possible.  However, TrueSport does not warrant that descriptions of any of the Content or the TrueSport Services is accurate, complete, reliable, current, or error-free. 

 

9. FEES. Fees for purchased Content, subscriptions and other TrueSport Services will be stated at the time of your purchase or sign-up, as applicable. The fees may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms. 

If your subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any payment source we have on record for you.

If any credit card or other payment source we have on file for you is declined for payment of any subscription fees, we may cancel your subscription, unless you provide us with a new payment source. If you provide us with a new payment source, and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.

 

10. You may cancel any subscriptions by visiting your Account page and adjusting your subscription preferences, or by contacting our customer service team. If you cancel your subscription, you will not receive a refund of any fees already paid. Your benefits and your licenses terminate when you cancel.

 

11. TRUESPORT SERVICES RESTRICTIONS. We reserve the right to refuse use of the TrueSport Services in our discretion.  You may not transfer or assign any of the TrueSport Service benefits.  We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of Content or other TrueSport Services that can be accessed.

 

12. TERMINATION. Our business may change over time and we reserve the right to cancel the TrueSport Services in whole or in part, and to terminate your use of the TrueSport Services at our discretion without notice.  Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

 

13. MARKS. Unless otherwise labeled, all Marks are the property of TrueSport or its Affiliates. Except as expressly set forth in these Terms, you may not display, link to or otherwise use the Marks without the prior written permission of TrueSport or the appropriate Affiliate.

 

14. POSTINGS AND UPLOADS. The TrueSport Services may include information, forums, bulletin boards, chat rooms, or other opportunities through which you may provide, transmit, upload, or otherwise make available Content (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (a) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (b) an infringement or misappropriation of the Intellectual Property Rights of any third party; (c) illegal in any way or that advocates illegal activity; (d) false or misleading; or (e) an advertisement or solicitation of funds, goods, or services. You represent and warrant to TrueSport and its Affiliates that you own all right, title, and interest in and to any Provided Content that you provide or upload through any of the TrueSport Services, or that you have sufficient rights, whether by implication, estoppel or otherwise, to grant TrueSport the rights discussed in these Terms. You will indemnify, defend, and hold harmless, TrueSport and its Affiliates from and against any and all third party claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees and court costs) that result from (x) a breach or alleged breach of any representation or warranty set forth in these Terms and/or (y) your use of the TrueSport Services. By providing or uploading any Provided Content through any of the TrueSport Services, unless otherwise stated in a separate agreement entered into by you and TrueSport in connection with your upload of any Provided Content, subject to the terms of the Privacy Policy, you grant TrueSport a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived.

 

15. CONDUCT. You will not and will not permit any third party to: (a) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any Content, or in any way reproduce or circumvent the navigational structure or presentation of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through any of the TrueSport Services; (b) attempt to gain unauthorized access to any portion or feature of the TrueSport Services, or any other systems or networks connected to any TrueSport server, by hacking, password “mining” or any other illegitimate means; (c) use the TrueSport Services to harvest or collect e-mail addresses, whereabouts or other contact information of other users from the TrueSport Services by electronic or other means for any purpose; (c) probe, scan or test the vulnerability of any network connected to the TrueSport Services, or breach the security or authentication measures on any network connected to the TrueSport Services; (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the TrueSport Services, including any account not owned by you, to its source, or exploit any of the TrueSport Services or Content in any way where the purpose is to reveal any information, including without limitation, personal identification or information, other than your own information; (e) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; (f) use the TrueSport Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the TrueSport Services; (g) use any of the TrueSport Services, Software, or Content for any commercial purpose or in any automated manner; (h) use automated scripts to collect information from or otherwise interact with the TrueSport Services; (i) use the TrueSport Services to intimidate, harass, or bully any person or entity; (j) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of any the TrueSport Services or any Software; (k) remove, bypass, or circumvent any notices included on any of the TrueSport Services, Software or Content; or (l)  provide to TrueSport any code or device capable of or intended to interrupt, harm, or damage any of the TrueSport Services, Software or Content or the operation thereof.

 

16. CLAIMS OF INFRINGEMENT. Just as TrueSport requires users of the TrueSport Services to respect the Intellectual Property Rights of TrueSport, its Affiliates, and other third parties, TrueSport respects the Intellectual Property Rights of users of the TrueSport Services and other third parties. If you believe, in good faith, that your Intellectual Property Rights have been infringed or misappropriated through the TrueSport Services without authorization in a way that constitutes infringement, you may notify TrueSport by mail to:

TrueSport
5555 Tech Center Drive
Suite 200
Colorado Springs, CO 80919

Please provide the following information to TrueSport:

  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, her or its 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.

 

17. REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of TrueSport and its Affiliates that: (a) you have the legal right and authority to accept these Terms; (b) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms and in any applicable additional agreement you enter into in connection with your access to or use of the TrueSport Services; and (c) all information you provide to TrueSport in connection with these Terms and your access to or use of the TrueSport Services is correct and current.

 

18. DISCLAIMER AND LIMITATION OF LIABILITY.

  • ALL CONTENT, SOFTWARE, AND THE TRUESPORT SERVICES PROVIDED THROUGH OR IN CONNECTION WITH TRUESPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER TRUESPORT 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 ANY OF THE TRUESPORT SERVICES. TRUESPORT DOES NOT PRESCREEN CONTENT PROVIDED BY USERS, AND YOU UNDERSTAND THAT BY USING THE TRUESPORT SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL TRUESPORT BE LIABLE IN ANY WAY FOR ANY OF THE TRUESPORT SERVICES, SOFTWARE OR CONTENT. YOU AGREE THAT YOUR ACCESS TO THE TRUESPORT 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 ANY OF THE TRUESPORT SERVICES, SOFTWARE, OR CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, TRUESPORT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE TRUESPORT 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 TRUESPORT SERVICES, SOFTWARE, OR CONTENT AND THAT INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.

  • IN NO EVENT WILL TRUESPORT 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) ANY OF THE TRUESPORT SERVICES, SOFTWARE, OR CONTENT, EVEN IF TRUESPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TRUESPORT’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $100.

 

19. INDEMNIFICATION. You hereby indemnify, defend, and hold harmless TrueSport 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 any of the TrueSport Services, Software or Content, or your breach of any of these Terms. TrueSport will provide you with notice of any such claim or allegation, and TrueSport will have the right to participate in the defense of any such claim at its expense.

 

20. PHYSICAL ACTIVITY. The TrueSport Services may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. TrueSport is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the TrueSport Services.

 

21. LINKED SITES. The TrueSport Services may contain links to third party sites or services that are not under the control of TrueSport, and TrueSport is not responsible for any content on any linked site or service. If you access a third party site or service through the TrueSport Services, then you do so at your own risk. TrueSport provides links only as a convenience, and the inclusion of the link does not imply that TrueSport endorses or accepts any responsibility for the content on those third party sites or services. TrueSport welcomes links to its site. You may establish a link to truesport.org, provided that the link does not provide or imply any sponsorship or endorsement of your site by TrueSport or any group or individual affiliated with TrueSport. You may not use on your site or through your service any Content or Marks in establishing the link. You may not frame or otherwise incorporate into another site or service the Content or other materials provided through the TrueSport Services without prior written consent.

 

22. MOBILE SERVICES. The TrueSport Services may be available on mobile devices and wireless services, or devices linked through Wi-Fi. Your mobile service, Wi-Fi or Internet provider may charge for those services that it provides, which are related to the TrueSport Services. You should check with your mobile service, Wi-Fi or Internet provider to learn about such charges. By using any of the TrueSport Services, you agree that TrueSport may communicate with you regarding the TrueSport Services by SMS, text message, email or other electronic means to your mobile device or email address.

 

23. NOTICES. Except as expressly stated otherwise, any notices required or allowed under these Terms will be given to TrueSport by postal mail to the address for TrueSport listed through the TrueSport Services. If applicable law requires that TrueSport accepts e-mail notices (but not otherwise), then you may send TrueSport an e-mail notice by emailing TrueSport at truesport@truesport.org. With respect to TrueSport’s notices to you, TrueSport may provide notice of amendments by posting them through any of the TrueSport Services and you agree to check for changes. In addition, or in lieu thereof, TrueSport may give notice by sending e-mail to the e-mail address you provide during registration for any of the TrueSport 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.

 

24. GENERAL TERMS.

  • Third Party Beneficiaries. TrueSport’s Affiliates are intended third party beneficiaries under these Terms with the right to enforce the provisions that directly concern the TrueSport Services, Content, or Software to which they have rights.

  • You may not assign, delegate or transfer these Terms or any of your rights or duties hereunder, and any attempt to do so will be null and void.

  • Integration. These Terms set forth the entire understanding of the parties and supersede any and all prior oral and written agreements or understandings between the parties regarding the subject matter of these Terms. These Terms may not be modified by you except upon written consent of TrueSport. The waiver by either party of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.

  • Severability. If, for any reason, any provision of these Terms 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.

  • No Legal Relationship. These Terms and your use of the TrueSport Services, including the submission of Provided Content, do not, and shall not, be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and TrueSport or any of its Affiliates.

  • Jurisdiction and Venue. THESE TERMS 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 TrueSport alone. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and expenses from the other party. Notwithstanding anything to the contrary herein, nothing in these Terms is intended to, or does, create a private right of action for any matter for which TrueSport provides an internal or arbitral remedy.