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TERMS OF USE

 

Copyright Information

 

Just about everything in, on and about this website, is legally protected. Copyright covers most of the contents of the site: text, graphics, icons, images, audio, software programs, logos and pretty much everything else you can either see or hear. If we don't own the copyright, one of our vendors or customers does. Copyrights that protect the website exist both in the USA and just about everywhere else worldwide. You may feel free to use all of the content of the site to learn about and buy our products. Any other use, including reproduction, modification, distribution, transmission, republication, or display of the website's content is prohibited.

 

Trademarks

 

The name ATHLETIC DNA, ADNA, Born For This, our  Logo, and all of the other names and logos used in this website to identify our products or product features, are all trademarks of Athletic DNA Inc. (or, in a few cases, our suppliers or business partners). No one else may use any of these trademarks to identify their company, business, products or services, or in any other way that is likely to be misleading or confusing to the public or that disparages Athletic DNA or its products.

 

Disclaimer

 

ATHLETIC DNA PROVIDES THIS SITE ON AN "AS IS" BASIS.  THIS MEANS ATHLETIC DNA MAKES NO REPRESENTATION AND GIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE SITE, ITS CONTENT, THE INFORMATION CONTAINED IN IT, OR THE PRODUCTS SHOWN IN OR PURCHASED AT THE SITE. In particular, Athletic DNA disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The duration of any implied warranty that is not effectively disclaimed will be limited to the ninety (90) days. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

 

Neither Athletic DNA nor its affiliates nor its suppliers will be liable for any special, incidental, consequential or exemplary damages, including without limitation damages for loss of use, lost profits or loss of data or information of any kind, arising out of or in connection with the Site or any products purchased at the Site, even if Athletic DNA or its affiliates or its suppliers have been advised of the possibility of such damages. In no event will Athletic DNA or its affiliates' or its suppliers' liability for any claim relating to the Site, any items purchased at the Site, the use of any of the foregoing, or this Agreement, whether in contract, tort or any other theory of liability, exceed the purchase price (if any) fee paid by you for the applicable purchase at our Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

User Content

 

Unless otherwise specified by Athletic DNA, you must not post, upload or otherwise transmit any materials (including, without limitation, text, audio, video, images and audiovisual works) (collectively, "Content") to the Site. If you do under any circumstances post, upload or otherwise transmit any Content to the Site, you hereby irrevocably assign and transfer to Athletic DNA all right, title and interest in and relating to such Content, including, without limitation, all copyrights or other intellectual property in or relating to such Content. You represent and warrant that you own all rights in any Content, that all such rights are transferred to Athletic DNA hereunder, and that no Content will defame any person, violate any other law, include any sexual, violent, drug-related, racist, sexist, intolerant or other inappropriate materials or messages, or infringe or misappropriate any intellectual, proprietary or other right of any third party.

 

Copyright.

1. If any Content submitted by any other user or member infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details):

(a)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Athletic DNA's designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

 

By mail:

Copyright Agent

 

Athletic DNA Legal Department

11820 Northup Way

Suite E-200

Bellevue, WA 98004

 

By email: Legal@AthleticDNA.com

By fax: 425-671-3938

 

 

2. If you believe that any User Submission that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to the Copyright Agent (see 17 U.S.C. Section 512(g)(3) for further detail):

(a)     Your physical or electronic signature. (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which American may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) (that is, the person who alleged that the User Submission infringed any copyright) or an agent of such person.

 

Changes

 

We may modify these Terms of Use at any time by posting the modified Terms of Use Such modification will be effective immediately, unless you or we otherwise agree.