ONLINE SERVICES TERMS OF USE

LAST MODIFIED: NOVEMBER 14, 2024

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 the websites operated by United States Anti-Doping Agency (“USADA,” “we,” “our,” or “us”), including but not limited to:

which include the content, functionality, products and services offered on or through these websites (as modified, “Sites”) and the various other related services, premiums, stores, and other features, functions, software, applications and websites arising from the use of the Sites (collectively with the Sites, 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.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SITES 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 CONSENT TO HAVING YOUR PERSONAL INFORMATION COLLECTED AND PROCESSED IN ACCORDANCE WITH USADA’S PRIVACY POLICY (https://www.usada.org/privacy-statement) (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS THERETO. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO ACCESS AND USE THE SITES OR THE SERVICES.

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.

Our Services are intended to be used by individuals over the age of 18. However, you must be at least 13 years or older to access or use the Services. If you are under 13, then you may not use or access the Services under any circumstances. If you are 13 or older and younger than 18, then you may access and use the Services only if you have your parents’ or guardians’ prior permission. By accessing or using the Services, you represent that you are at least 18 or that you are at least 13 and have your parents’ prior permission to do so. If you are a parent or guardian providing permission for a child age 13 or older to access or use the Services, then you agree to accept full responsibility for that child’s use of and access to the Services under these Terms.

1. Changes to these 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 the Sections “Governing Law and Jurisdiction” and “Dispute Resolution and Arbritration” 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. Intellectual Property Rights

(a) Materials, Content and Marks. You acknowledge and agree that: (i) the content on the Services, including without limitation, the text, descriptions, widgets, software, applications, source code, object code, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), and (ii) the trademarks, service marks and logos contained therein (“Marks,” together with the Materials, the “Content”), are the property of USADA and/or its third-party licensors and may be protected by applicable copyright or other intellectual property laws and treaties. 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 USADA relating to any Material that are widgets and other software and code available on or for download (“Software”) (each such license or other agreement, a “Software License Agreement”), USADA grants you a personal, limited, non-exclusive right to download, install, and execute a single copy of the Software in accordance with the instructions provided through the Services and solely for your own personal and non-commercial purposes. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), you are granted no licenses or rights, whether by implication, estoppel or otherwise, in or to any Software or any Intellectual Property Rights therein or related thereto, and you may not modify, copy, or reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of USADA.
(b) “USADA”, “TrueSport, the USADA and TrueSport logo, and other marks are Marks of USADA or its affiliates. All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Marks.
(c) Ownership. You acknowledge and agree that all right, title and interest in the Services and Content and all intellectual property rights evidenced by, embodied in and/or related to the Services and Content, including any copyrights, patents and trade secrets, (“Intellectual Property Rights”), are and shall remain the exclusive property of USADA and/or its third-party licensors. USADA shall also own all right, title and interest in any anonymous performance results generated under or by the Services. We reserve all rights not expressly granted hereunder in and to the Services.
(d) Use of Content. The Content is provided to you for your use only in connection with the Services, and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes except in connection with the advertising, marketing and promotion of the Services, subject to USADA’s prior written approval. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. You shall not make any changes to any of the promotional or other marketing materials provided by USADA without USADA’s prior written approval.
(e) Limited License. Subject to your compliance with the Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use of the Content for your own personal, non-commercial use. The limited rights granted to the access and use of the USADA comprise a limited license and do not constitute the sale or the transfer of ownership rights to the Content or Services. The licenses granted by USADA terminate if you do not comply with these Terms. For the avoidance of doubt, “commercial” use is not limited to uses that generate profit, but includes employee learning, on an intranet system, at a company or other event, in training materials, in tv/film including documentaries, in an online or virtual course, in a podcast, and more. Non-profit or educational institutions may also require a license if the use is commercial in nature. All rights not expressly granted to you in these Terms are reserved and retained by USADA.

3. Permitted and Non-Permitted Uses of the Services

You may use the Services, including the USADA Content provided thereon, 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; or
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 Services or Content, 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 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 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, including, but not limited to, training a machine learning or artificial intelligence (AI) system;
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;
Collect, harvest or derive any personally identifiable information, including names, email addresses, athlete whereabouts from the Sites or any of the other 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 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 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.
Otherwise attempt to interfere with the proper working of the Services.

4. Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including without limitation, refer 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. Accounts

To utilize some of the 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 USADA immediately of any actual or suspected unauthorized use of your Account. Your Account is solely for your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer your Account or the right to access your Account to any third party. You are solely responsible for all activities that occur through your Account. will not be responsible for any loss to you caused by your failure to comply with these obligations. You represent and warrant that: (a) all information you provide in your registration is true, accurate, current, and complete; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete. As part of the registration process, you may be assigned or permitted to create a user ID for use in identifying your Account (a “User ID”). You may not: (x) select or use a User ID of another person with the intent to impersonate that person; (y) use a User ID in which another person has rights without such person’s authorization; or (z) use a User ID that USADA, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your Account.

10. Purchases

Fees for purchased Materials and Services (“Purchase(s)”) will be stated at the time of your purchase or sign-up, as applicable. Fees for Purchases may change at any time and 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.

You will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize USADA to charge such fees using your selected payment method. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and (ii) that the information supplied to USADA along with your Purchase is true, correct and complete.

USADA may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant USADA the right to provide the information to these third parties for the purposes of effectuating the request to Purchase (including any renewals).

All Purchases are final and non-refundable except as required by law. If you terminate these Terms or cease your use of the Purchases, you are not entitled to a refund for any unused portion of the respective Purchase. USADA reserves the right to refuse, suspend, and/or cancel your Purchase at any time if fraud or an unauthorized or illegal transaction is suspected, in the event of any suspected violation of these Terms or if your use causes risk or possible legal exposure for USADA.

11. Errors

USADA is not responsible if information made available through the Services is not accurate, complete or current. From time to time, information on the Services might contain typographical or visual errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing or availability. It is your responsibility to monitor changes to the Services. Any reliance on the information through the Services is at your own risk. USADA may, but has no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Services without prior notice.

Prices and availability of products and Services are subject to change without notice unless otherwise described in these Terms. USADA reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order for a Purchase has been submitted and whether or not the order has been confirmed and your payment method charged.

12. User Provided Content

Our 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, your “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 USADA that you own all right, title, and interest in and to any Provided Content that you provide or upload through any of the Services, or that you have sufficient rights, whether by implication, estoppel or otherwise, to grant USADA the rights discussed in these Terms.

By providing or uploading any Provided Content through any of the Services, unless otherwise stated in a separate agreement entered into by you and USADA in connection with your upload of any Provided Content, subject to the terms of the Privacy Policy, you grant USADA 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 Provided Content have been waived.

13. Copyright Policy; Claims of Infringement

Just as USADA requires users of the Services to respect the copyrights, trademarks, patents (and patent applications), trade secrets, and other proprietary and Intellectual Property Rights of USADA, its licensors and third-parties, USADA respects the Intellectual Property Rights of users of the Services and other third parties. If you believe, in good faith, that your Intellectual Property Rights have been infringed or misappropriated through the Services, you may notify USADA by mail to:

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

Please provide the following information to USADA:

The identity of the infringed work, and of the allegedly infringing work;
Your name, address, daytime phone number, and e-mail address;
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;
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
Your signature.

We do not knowingly permit anyone to post materials or submit media and photos through the Services where such action would violate copyright or other applicable law, including the Digital Millennium Copyright Act (DMCA) (including 17 USC § 512). We have a policy to ban users and subscribers who repeatedly infringe the copyrights of third-parties. We have the right to permanently terminate such users’ and subscribers’ access to our Services at our sole discretion. We will not refund any payments or fees received from users who are banned due to repeated infringement of the copyrights of others, even if those funds are unused or if there is a portion of the user’s subscription period that is in the future or is otherwise unactualized.

14. Physical Activity

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

15. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the 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 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.

16. 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 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.

17. Indemnification

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.

18. Dispute Resolution and Arbitration

(a) Generally. In the interest of resolving Disputes (as defined below) between you and USADA in the most expedient and cost-effective manner, and except as described in Sections 19(b) and 19(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. This agreement to arbitrate Disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. 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 sold through this Site or your relationship with USADA whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall include: (a) any dispute or claim that arose before the existence of this or any prior Terms (including any claims related to advertising); (b) 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 (c) 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. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms and (b) 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 19(a), nothing in these Terms will be deemed to restrict or otherwise limit the right of either party to: (a) bring an individual action in small claims court to the extent that the applicable requirements have been met; (b) pursue an enforcement action through the applicable federal, state, provincial or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) 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 19 within 30 days after the date that you agree to these Terms by sending a letter to United States Anti-Doping Agency, Attention: Legal Department – Arbitration Opt-Out, 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 19 (other than Section 19 (b)) will be null and void, and in that case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms or 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 American Arbitration Association (“AAA”) under its (i) Arbitration Rules if You are located in the United States or (ii) International Arbitration Rules if You are located outside of the United States (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at adr.org, by calling the AAA at 1-800-778-7879, 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. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 USD or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. 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 (“Notice of Arbitration”). USADA’s address for Notice is: United States Anti-Doping Agency, 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 the AAA’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 the AAA 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.
- 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.
- 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 AAA 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 to 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 19(h) or the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 (other than Section 19(b)) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms or the Services.

(k) YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

19. Governing Law and Jurisdiction

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).
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.

20. 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.

21. 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.

22. 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.

23. 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.

24. Entire Agreement

Subject to the terms of any applicable Executed Agreement, the Terms and our Privacy Policy 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.

25. 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 through the Services, 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.

26. 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.

27. 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 28 is not subject to dispute resolution terms of Section 19.

28. 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 education@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.

29. Survival

The following sections shall survive the termination of this Agreement: Sections 2. (Intellectual Property Rights); 5. (Reliance on Information Posted); 8. (Linking to the Sites and Social Media Features); 9. (Accounts); 10. (Purchases); 12. (Errors); 13. (User Provided Content); 14. (Copyright Policy; Claims Of Infringement); 15. (Physical Activity); 16. (Disclaimer of Warranties); 17. (Limitation on Liability); 18. (Indemnification); 19. (Dispute Resolution and Arbitration); 20. (Governing Law and Jurisdiction); 21. (Limitation on Time to File Claims); 22. (Waiver and Severability); 23. (Construction and Interpretation); 25. (Entire Agreement); 29. (Notices); 31 (Translation).

30. 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.

31. 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.

Terms of Use