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.
