In order to use any Athletigen Service, you must agree to these Terms of Service. This is a legal contract that affects your rights and obligations. You should read this because any use of the Service signifies your acceptance of these Terms of Service.
Seriously. It’s important.
“Athletigen” means Athletigen Technologies Inc., with its principal place of business based at 1505 Barrington St. Suite 1207, Halifax NS, B3J 3K5
“Athletigen Research” – base for research purposes. Athletigen Research only uses genetic data and information reported by consenting users.
“Consent Document” – means Athletigen’s official consent document permitting Athletigen to collect your personal information for Athletigen Research.
“R&D” means research and development based on the data obtained from its users. These activities include, among other things, the improvement of services,
“Services” means Athletigen’s products, services, and website (including graphics, text, images, and other information displayed on the website) as accessed by users with an account or without one.
“Personal Information” is information about an individual, which includes information that can be used to identify you or find you on our website. Athletigen gathers and keeps the following types of Personal Information:
“Aggregate Genetic and Self-Reported Information” means Genetic and Self-Reported Information that has been obtained from the user’s Registration Information and has been combined with data from other users in order to minimize the likelihood of exposing individual information while providing enough scientific evidence to be meaningful.
“Genetic Information” – Is data related to your genotype (e.g. A, T, C, G at different genetic markers), generated through the analysis of your saliva by Athletigen or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Athletigen.
“Registration Information” is the personal information you provide when registering and/or purchasing our Services and products.
“Self-Reported Information” is your personal information, including medical conditions, sports-related information, ethnicity, family history, and other informa-tion that you enter into the surveys, forms, or features while using the Athletigen website. Self-Reported Information is only used in Athletigen Research if you indicate on the website can be used for Athletigen research and you have provided consent through our Consent Document.
“User Content” is all other information provided by Athletigen users not including Genetic Information and Self-Reported Information. This information is distributed publicly or privately, to or through Athletigen.
“Privacy Statement” has the meaning in Section 8 of these Terms of Service.
2. ACCEPTANCE OF TERMS
Your use of Athletigen’s Services is subject to the terms defined in these Terms Of Services (“TOS”). These TOS apply to any use of Athletigen’s Services, including:
1. Submitting a saliva sample for DNA extraction and analysis;
2. Providing a digital version of your Genetic Information and interpreting the analyzed data and information on the Athletigen website; and/or
3. Registering and using a free Athletigen account without providing a saliva sample or Genetic Information.
To use Athletigen’s Services, you must first agree to the TOS. You cannot use the Services if you do not accept the TOS. The TOS can be accepted by: (1) accepting or agreeing to the TOS (this option is available through Athletigen for any Service); or (2) by using the Services.
For the second case, you accept and agree that Athletigen will treat your use of the Services as implied acceptance of the TOS from that point onward. Some of the Services (both existing and new) may be subject to additional terms and/or conditions. When you first use these services, we will bring this to your attention. The terms for such services are subject to revision or change, like the rest of the TOS. When any such changes are made, we will provide notice as described in the TOS.
Users who provide genetic information must be (a) at least 19 years of age or have the written permission of a parent or guardian, and (b) lawfully able to use the Service under the laws where you reside. Users who do not provide genetic information must be at least 13 years of age. The Service is not intended to be used by any individual younger than 13 years of age.
4. THE SERVICES
The Services include access to the Athletigen website and its personal genetic services, which include the collection, extraction, and analysis of your genetic information, based on a saliva sample or the electronic transmission of your genetic information from other sources at your direction. Unless stated, each new feature that is added to the current Services will be subject to the TOS. You accept and agree that the Services are provided “AS-IS” and are based on the current state of genetic research and technology used by Athletigen when using the Services.
Scientific research is always changing and genetic technology is always evolving, therefore, Athletigen is always innovating in order to provide the best information to its users. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that Athletigen might stop (permanently or temporarily) providing some Services (or features within the Services) to its users without prior notice.
You can stop using the Services at any time. You do not need to inform Athletigen when you stop using the Services, unless you request to close your account. Athletigen does not have any responsibility for the use of the Services outside the TOS terms or any other terms that apply.
In order to make use of the Services, you must have Internet access, directly or through devices that have access to web content, and you must pay any outside service fees associated with this access. You must also provide all the equipment necessary to connect to the Internet, which includes a computer and a modem or another access device. You agree that while Athletigen does not have a set upper limit on the number of transmissions you send or receive through the Services, or the amount of storage space used for providing any Service, this fixed upper limit may be set by Athletigen at any time at its sole discretion.
5. RISK AND CONSIDERATIONS
Limitations of Genetic Information
Genetic Information provides a limited window into your health and fitness. It is only one aspect of your entire health and fitness outlook and should not be assumed to be conclusive.
Learning about one’s Genetic Information is not for everybody. In some cases, your Genetic Information may provide knowledge and information that is not positive. You should not assume that any information we provide will be positive. You should also understand that as scientific research advances, you might need to obtain additional services from Athletigen, or from your physician or health care provider, in order to assess and understand the meaning of your DNA, now and in light of new scientific information. In many cases, the analysis of your Genetic Information is based on correlations between certain genetic markers and different characteristics. Genetic Information cannot provide you with conclusive information about the interaction between certain genes and environmental factors, which can significantly change a particular outcome.
You should not alter your health behaviours solely based on the information provided to you by Athletigen. Make sure you discuss your Genetic Information with a physician or health care provider before you act upon the data provided by Athletigen Services. For most common diseases, individual genetic markers are only responsible for a small fraction of the risk factors. There are other factors, such as other (perhaps unknown) genetic markers, environmental factors and lifestyle choices, which might be more important predictors for diseases.
If your data tells you that you do not have an elevated risk for a particular condition, you should not assume that you are entirely protected from this condition. The opposite can be true as well: if your genetic data tells you that you are at higher risk for a particular condition, it does not mean that you will develop this condition. If you have concerns or questions regarding any of this, you should contact your physician or another health care provider.
As a whole, genetic research is not complete. We measure many points of information in your DNA, but only a small percentage of them relate to human traits. The scientific community is still learning about genetics and one of Athletigen’s goals is to contribute to this research. Additionally, many ethnic groups differ or are not included at all in many genetic studies. Similarly, some scientific studies may be based solely on research of one gender. As our Services interpret your Genetic Information based on scientific published studies, some of the interpretations that we provide may not apply to you. In addition, future genetic research may change how your DNA is interpreted by Athletigen.
The Genetic Information that you share with other people can be used against your best interests. Therefore, you should be extremely cautious when sharing your Genetic Information. As of now, few businesses or companies request genetic information, but this can always change. You may want to talk to a lawyer to understand the legal protections surrounding your Genetic Information before you share it with anybody.
Further, Genetic information that you choose to share with your physician or health care provider can become part of your medical records and can potentially be accessed by third-party health care providers or insurance companies. Sharing Genetic Information with your family, friends or employers can be used against your interests. Your Genetic Information may have limited meaning today, but this information may well have a greater meaning in the future.
Athletigen Services are for research, informational and educational use only. No medical advice is provided. The genetic information reported has not been clinically validated. The technology used by Athletigen, which is also used by the research community, has not been used for clinical testing. In order to speed the understanding and the applications of genetic knowledge for clinical use, we invite all users to participate in Athletigen Research.
Participation in this research is voluntary. Before participating in research, you will be asked to agree to our Consent Document, which sets out more information on Athletigen Research. Because of the current state of genetic information, our Services are only used for research, informational, and educational purposes. Our Services are not to be used by the user as diagnostic tools and should not be a substitute for professional medical advice. You should always seek the advice from your physician or health care provider regarding any questions that you have regarding diagnosis, cure, or prevention of any disease or condition.
Athletigen does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on our website. If we provide you with recommendations that might work for you based on your Genetic and Self-Reported Information and scientific research, this information should be seen as intended for informational purposes only or for discussion with your physician or health care provider.
Athletigen believes that:
- genetics is not the full picture of someone’s present, future or potential state of being;
- the understanding of Genetic Information is always evolving and there are still many things to discover and understand;
- only a physician or health care provider can assess your state of health or conditions, taking into account many factors, including your Genetic Information and your current symptoms.
Genetic Information is subject to significant limitations and you rely on information provided by Athletigen, Athletigen’s employees, and others appearing on our website at your own risk.
Athletigen’s laboratory may not be able to process your sample and the analysis may result in errors. The laboratory may not be able to process your sample if your saliva sample does not contain enough DNA volume, you do not provide enough saliva, or the results do not meet the requisite quality and accuracy standards.
If the laboratory processing fails because of any of these reasons, the user has one of two options:
- Athletigen will process the same saliva sample without any additional charges to the user. If the second attempt fails, Athletigen will offer to ship another kit to the user to collect a second saliva sample at no charge; or the user may elect a full refund of the amounts paid to Athletigen.
- If the user elects a refund under (b) and subsequently purchases another test that is not successful, the user will not be entitled to a re-rest or a refund for that purchase. Despite established standards for the processing of saliva samples, a small fraction of data processed during the laboratory process may not be capable of interpretation or may be incorrect (referred as “Errors”). Users are not entitled to refunds arising from Errors.
6. USER REPRESENTATIONS
By accessing Athletigen Services, you agree to, acknowledge, and represent as follows:
- You understand that the information you obtain from Athletigen is not designed to diagnose, prevent, or treat any conditions or to discover the state of your health without clinical and medical information.
- You understand that the Athletigen services are only for research, informational, and educational purposes and that while information provided by Athletigen might suggest a propensity towards a particular illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing. Athletigen does not provide any health or medical treatment or advice.
- You understand that Athletigen encourages you to seek the advice of your health care providers or your physician if you have questions or worries regarding your Genetic Information.
- You give permission to Athletigen, its contractors, successors and assignees to perform genetic services on the DNA extracted from the saliva sample you provide. You also give permission to request Athletigen to disclose your DNA analysis results to you and to other people that you specifically authorize.
- You confirm that you are above the age of majority in the jurisdiction in which you reside if you provide a saliva sample or if you access your Genetic Information.
- You guarantee that the sample you provide is coming from your saliva; and if you are agreeing to these TOS on behalf of someone else from whom you have legal authorization, you guarantee that the sample provided belongs to that person and you have legal authority to act on that person’s behalf.
- If you are providing your saliva sample from a place outside Canada, you confirm that this action is not subject to any export ban or restriction in the country where you live.
- You acknowledge that any saliva sample that you provide and its resulting information can be transferred and/or processed outside the country where you live.
- You guarantee that you do not represent an insurance company and are not trying to obtain information about an insured person or an employee.
- You acknowledge that some information you receive can provoke strong emotions.
- You are responsible for all of the consequences resulting from sharing your Genetic Information and Self-Reported Information with others.
- You acknowledge that all of your Personal Information will be kept in Athletigen databases and will be processed as stated by the Athletigen Privacy Statement.
- You acknowledge that by providing a sample, having your Genetic Information analyzed, accessing your Genetic Information, or providing information about yourself, you do not have any proprietary or other rights in any research or products that might be developed by Athletigen or its partners. You understand that you will not benefit in any way from research or from products resulting from your Genetic Information or Self-Reported Information.
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these TOS in any manner, Athletigen has the right to terminate your account and refuse the future use of Athletigen Services and you will indemnify and hold harmless Athletigen and its affiliates against any liability or damages that may arise in case these contracts are broken.
7. CREATING AN ACCOUNT, PASSWORD, AND SECURITY OBLIGATIONS
In return for your use of Athletigen’s Services, you agree to: (a) provide accurate and current Registration Information about yourself as requested by the Services; and (b) maintain and update your Registration Information to keep it accurate and current. If you provide information that is inaccurate or not current, or if Athletigen suspects that your Registration Information is inaccurate and not current, Athletigen has the right to terminate or suspend your account and refuse any current or future use of the Service.
You must create a password for your account. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all of the activities that happen under your password and account. If you allow others to access Athletigen’s website through your account and password, you will indemnify Athletigen and its affiliates against any liability or costs arising from claims by other people based on the access and use of your account.
You agree to: (a) immediately notify Athletigen of any use of your password or account that has not been authorized; and (b) exit from your account after each session. ATHLETIGEN EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
8. ATHLETIGEN PRIVACY STATEMENT AND DISCLOSURE INFORMATION
In order to use the Services, you must acknowledge and accept the Privacy Statement. You may not be able to use the Services if you do not accept the Privacy Statement. You can acknowledge and accept to the Privacy Statement in two ways:
- clicking accept to the Privacy Statement as shown on the Athletigen website; or
- using the Services.
You acknowledge and accept that Athletigen personnel can and may monitor the use of its systems and can keep copies of such monitoring.
Refer to the Privacy Statement to learn more about data protection as it relates to all of your information. You can see the complete Privacy Statement here.
9. LIMITED LICENSE
You acknowledge that all of the User Content, publicly shown or privately communicated, is the responsibility of the author or poster of the particular User Content. This means that Athletigen is not responsible for any of the User Content posted, emailed, or uploaded through the Athletigen website or Service.
You acknowledge that the content from the Services available to you, whether it is original content from Athletigen’s Services or sponsored Services content, is protected by copyright and intellectual property rights owned by Athletigen and/or the sponsors who provide the content (or other people or companies on their behalf). Athletigen does not grant you permission to share any of the content unless explicitly indicated. You may not modify, lease, sell, distribute or create works based on the Services content unless you have been told you can do so by Athletigen or by the content owners in a separate written contract or agreement.
10. USER CONDUCT – UNLAWFUL AND PROHIBITED USE
You guarantee that you will not use the Services for any unlawful or prohibited purposes. You are prohibited from using the Services in any way that could damage or impair the Services, or interfere with someone else’s use of the Services. You cannot try to or obtain any information through any ways that are not made available explicitly through the Service.
Additionally, you specifically agree to not use the Services to:
- upload, post or share any material that is obscene, offensive, or that is discriminatory based on race, colour, origin, sexual orientation, sex, gender, age or other status;
- impersonate another person, including anyone affiliated to Athletigen, or misrepresent your affiliation with someone else;
- add your own headers or manipulate identifiers to disguise the origin of any content that is shared through the Service;
- “stalk” or harass someone else;
- upload, post or share any content that you cannot transmit under any law;
- use information that you receive through the Services to try and identify or contact other customers (except when using features designed by the website to contact other users to connect);
- download any files that are shared by other users that you know you cannot legally distribute;
- upload, post or share any content that infringes any patent, trademark, or proprietary rights of Athletigen and other parties;
- harm minors in any way;
- advertise, buy or sell any goods or services for business purposes, unless Athletigen provides a portion of the Services specifically designed to allow you to do so;
- upload, post or share any unauthorized advertising, such as “junk mail” or “spam”, except in those areas that are designed explicitly for such purposes and to the extent to which the law authorizes the content;
- upload, post or share any information that contains viruses or any other codes, files or programs used to destroy or limit the functionality of a computer or hardware equipment;
- use software, devices or services to interact with the Services or Athletigen’s servers unless explicitly permitted by Athletigen;
- engage in “framing” or simulating the function of Athletigen’s website;
- override, or attempt to override, security components in Athletigen’s web services;
- interfere or disrupt the Services, networks, or users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Service;
- violate the Terms of Service, codes of conducts, or any other applicable guidelines that apply to the area of Service or have been communicated to you by anyone from Athletigen; or
- violate any municipal, provincial, national or international law, or any regulations within the law.
You acknowledge and accept that you are responsible for (and that Athletigen has no responsibility to you or someone else for) any violation of your obligations under the TOS and for the consequences that the violations might have, including any damage that Athletigen might suffer. In case of any agreement violation, Athletigen has the right to suspend or terminate your account and refuse any future Service use and you will indemnify Athletigen and its affiliates against any costs or damages that might arise from the violations.
If you violate any of the terms found on this Section, or Athletigen suspects that you violated the terms on this Section, Athletigen has the right to suspend or terminate your account and refuse future use of the Services.
11. EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONS
You agree that you will abide by all applicable laws and regulations in your use of the Services and specifically that you will not violate any applicable export control rules. In addition, you agree that you will not do any thing that would cause Athletigen to violate any such statute, regulation or rule.
12. INFORMATION POSTED THROUGH THE SERVICE
Athletigen will not control any of the User Content that is posted through the Service and Athletigen does not guarantee the accuracy or quality of the any User Content or other outside content not provided by Athletigen. You acknowledge that using the Services may expose you to offensive and indecent content. Under no circumstance can Athletigen be held responsible for any outside content, including errors in such content, loss, or damage as a result of the content posted or shared through the Service.
You understand that Athletigen has the right, but not the obligation, to review, modify, pre-screen or refuse any content that is available through the Services. Athletigen and its designees have the right to remove any content that is violating the TOS at Athletigen’s sole discretion. You agree to evaluate and understand all of the risks associated with content use, including accuracy or usefulness of the content.
13. YOUR PROPERTY RIGHTS OVER MATERIAL PROVIDED TO ATHLETIGEN
User Content. Athletigen does not claim ownership of any User Content that you create and share with Athletigen. Unless otherwise stated, you retain copyright and other rights already possessed by you over User Content that you create and share on or through the Services. However, by creating and sharing User Content, you give Athletigen an irrevocable license to reproduce, adapt, modify, publish, and distribute derivative works from any User Content created and shared by you through the Services. You understand and accept that this license gives Athletigen the right to make the User Content available to other companies, organizations or individuals that have relationships with Athletigen, and use the User Content in connection with these services.
You acknowledge that while performing required technical steps to provide Services to users, Athletigen may (a) distribute your User Content over several public networks and media; and (b) make necessary changes to your content that are necessary to conform and adapt to the requirements of networks, services or media. You understand and accept that this license can permit Athletigen to take these actions. You give this right and power to Athletigen in order to grant the license stated here.
Genetic and Self-Reported Information. We cannot disclose individual Genetic and/or Self-Reported Information to third parties without consent unless required by law (as described in our Privacy Statement). However, you acknowledge that Athletigen cannot control the distribution of Genetic and/or Self-Reported Information shared publicly on the Athletigen website. If you share any such information, you may cease to have control over the further dissemination of the information.
Once you submit your saliva sample and Athletigen has analyzed it, the sample is irreversibly processed and it cannot be returned to you. See the website for more information regarding sample processing. Any Genetic Information taken from your saliva sample remains your information but is subject to the rights that are expressed in these TOS. You acknowledge that you should not expect any type of financial benefit from Athletigen from having your Genetic Information (including Self-Reported Information) processed or shared with research partners, including commercial partners.
Waiver of Property Rights. You acknowledge that by providing any saliva sample, having your Genetic Information analyzed, accessing your Genetic Information, or sharing Self-Reported information, you have NO RIGHTS WHATSOEVER IN ANY PRODUCTS THAT MIGHT BE DEVELOPED BY ATHLETIGEN OR ANY THIRD PARTY. You acknowledge that you will not receive any compensation for research or commercial products that result from your Genetic Information or Self-Reported Information.
You agree to defend and hold harmless Athletigen and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any claims, including attorney’s fees, made by any third party from the User Content submitted or shared through the Service, your Service use, your Service connection, your TOS violations, or any other rights violation(s).
If you have provided Athletigen with a saliva sample or you have provided your Genetic Information through 23andMe (or some other third-party genetic testing service), you will indemnify Athletigen, its employees, contractors, successors, and assigns from any liability from the use or disclosure of any information obtained from the genetic analysis of your saliva sample, the analysis of your Genetic Information, the integration of your 23andMe genetic data or some other third-party genetic testing service, or results from third party add-ons that are provided in the future.
You further agree that you will indemnify and hold harmless Athletigen and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from or attributable to your violation any portion of these TOS.
Additionally, if you want to provide your Genetic and/or Self-Reported Information to third parties, you agree to indemnify Athletigen, its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your Genetic and/or Self-Reported Information.
15. NO RESALE OF SERVICE
Other than pursuant to Section 9 of this TOS or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Services, the use of the Services or access to the Services for any commercial purposes.
16. GENERAL PRACTICE REGARDING USE AND STORAGE
You understand that Athletigen may establish practices and limits concerning Service uses, such as the maximum number of days that Personal Information and Services content are retained by the Service, the maximum disk space allowed on Athletigen’s Services respecting your account, and the maximum number of times you can access the Services in a given period of time. You understand and accept that Athletigen has no responsibility or liability for the deletion of messages or content maintained or shared by the Services; or for the loss of Genetic Information because of the malfunction of data servers or other events. You also should understand that Athletigen has the right to change these practices and limits at its own discretion.
17. SERVICE MODIFICATIONS
Athletigen has the right to modify or discontinue the Services at any time with or without any prior notice. You understand and accept that (i) modifications can result in a computational delay from some of Athletigen features or Services, and (ii) Athletigen cannot be liable to you or any third party for any modification or discontinuation of the Services.
You understand that Athletigen may offer different or additional software or features to analyze your Genetic Information in the future and that your initial purchase does not necessarily allow you to obtain additional technologies or features to analyze your Genetic Information without an additional fee. You may have to pay additional fees to have your Genetic Information collected and analyzed using additional technologies or features.
The TOS will apply until Athletigen or you terminate your obligations as described in this Section.
If you wish to terminate your legal agreement with Athletigen, you can do so by providing a written notice to Athletigen, as well as closing your accounts from all of the Services that were provided to you. Your notice should be written and sent to Athletigen’s address, which is stated at the beginning of the TOS, or online through Customer Care. If you send the notice online, Athletigen will send you an email to confirm this notice and it will be effective after receiving a second email confirmation from you.
Athletigen can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
- you violate any provision of the TOS or act in a way that shows you cannot comply with the provisions of the TOS;
- Athletigen is required to do so by law;
- one of the partners that offered the Services terminates its relationships with Athletigen or stops offering the Services to you;
- Athletigen no longer plans to provide Services to users in your country of residence or where you use the Services; or
- the Service provided to you by Athletigen is, in Athletigen’s opinion, no longer commercially viable.
Any suspected illegal activity can be grounds for terminating your Service use and can be referred to the appropriate law enforcement authorities. You understand that Athletigen will not be liable to you or any third party for terminating Service use.
19. TERM SURVIVAL
A termination of the TOS or a user account will not affect any existing obligations of the user to Athletigen, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
20. DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCES
Your correspondence or business dealings through promotions, vendors, and other resources found on the Athletigen Service – including payment and shipping of goods and services and any other terms and conditions associated with such dealings – are exclusively between you and the such providers. You agree that Athletigen cannot be held responsible or liable for any loss or damage resulted from these dealings or as a result of this information provided on the Services.
21. HYPERLINKS AND THE ATHLETIGEN WEBSITE
The Athletigen Service provides, and other third parties can also provide, links to other websites and scientific resources on the Internet. Athletigen has no control over these websites and resources. Therefore, you understand and accept Athletigen cannot be held responsible or liable for any damage or loss caused by or in connection to the use of this content that might be available through the hyperlinks.
22. ATHLETIGEN’S PROPRIETARY RIGHTS
You understand and agree that Athletigen owns all the legal rights and interests to the Services, including intellectual property rights (including patents) that subsist in the Services. You also understand that the Services can contain information deemed as confidential by Athletigen and you cannot disclose this information without Athletigen’s permission and written consent.
Additionally, you agree that the Services, and any other software used for the Services, contain information that is both confidential and proprietary and is protected by intellectual property laws. You also acknowledge that the information provided to you through our Services is protected by copyrights, trademarks, patents and other proprietary laws.
Except as authorized by Athletigen, you accept to not modify, sell, distribute, or create derivative works of any information found on the Services. All of the Software that can be downloaded through the Services is copyrighted. Your Software use is governed by the terms of the license agreement, which is included with the Software (“License Agreement”). You shall not try to install or use any Software that has a License Agreement without first agreeing to the License Agreement terms.
Athletigen Technologies Inc., Athletigen, and other Athletigen logos, products and service names are Athletigen trademarks and these trademarks along with any other Athletigen trade names, logos and brand features are “Athletigen Marks.” Unless you have agreed otherwise by written consent with Athletigen, other than through the Limited License in Section 9, nothing in the TOS gives you the right to use Athletigen Marks and you should agree not to display or use in any way the Athletigen Marks.
You accept that you cannot and will not remove, obscure or alter any proprietary rights notices including copyright and trade mark notices that might be contained within the Services.
Unless you have been authorized through writing by Athletigen, you agree not to use any trademarks, trade names or logos of any company or organization through the Services in a way that is intended to cause confusion about such marks, names and logos.
For any Software that does not have a License Agreement, Athletigen grants you a personal, non-transferable right and license to use the code of its Software on one computer. You cannot allow a third party to copy, modify, or create a derivative work through reverse engineering, or attempt to discover any code or transfer any right in the Software unless it is permitted by law or unless you have been given written permission by Athletigen.
This license is allowed solely for the purpose of allowing you to use and enjoy the Services provided by Athletigen as allowed by the TOS. Unless Athletigen has given you specific written permission, you cannot assign your rights to use the Software, grant a security interest over the Software or transfer any part of your rights to use the Software. You agree not to modify the Software in any way or form or use modified versions of the Software, including for the purpose of obtaining prohibited access to the Service. You agree not to access the Service through other means except through the interface provided by Athletigen. Any rights that are not granted here are reserved.
23. WARRANTY DISCLAIMER
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
- YOUR SERVICE USE IS AT YOUR OWN RISK. THE SERVICES PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATHLETIGEN EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES.
- ATHLETIGEN MAKES NO WARRANTY THAT
- THE SERVICES WILL MEET YOUR REQUIREMENTS;
- THE SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE;
- THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE;
- THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS; AND
- ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULT FROM DATA DOWNLOAD.
- NO ADVICE (ORAL OR WRITTEN) OBTAINED FROM ATHLETIGEN OR THROUGH THE SERVICES SHOULD CREATE A WARRANTY THAT IS NOT EXPLICITLY EXPRESSED IN THE TOS.
- YOU SHOULD ALWAYS BE CAUTIOUS WHEN GIVING ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. ATHLETIGEN DOES NOT CONTROL THIRD PARTIES TO WHOM YOU MAY DISCLOSE YOUR INFORMATION THROUGH THE USE OF THE SERVICES. ATHLETIGEN DISCLAIMS ANY LIABILITY ASSOCIATED WITH ANY ACTIONS THAT RESULT FROM YOUR PARTICIPATION IN THE SERVICES.
24. LIABILITY LIMITATION
WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT ATHLETIGEN SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF ATHLETIGEN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM:
- THE USE OR INABILITY TO USE THE SERVICES;
- ANY ACTION TAKEN BASED ON INFORMATION RECEIVED FROM THE SERVICES OR THROUGH THEM;
- YOUR FAILURE TO KEEP YOUR ACCOUNT AND PASSWORDS CONFIDENTIAL AND SECURE;
- THE COST OF PROCUREMENT RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES BOUGHT OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FORM OUR SERVICES;
- PROHIBITED ACCESS TO DATA OR ALTERATION OF YOUR DATA TRANSMISSIONS;
- IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING TO HAVE REQUISITE AUTHORITY; OR
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices can be provided to you through email or regular mail. Athletigen might also give notices of changes to its TOS or other matters by sending notices or links to notices to you or through the Services. Official notices relating to this TOS must be sent to:
Athletigen Technologies, Inc.
1505 Barrington St. Suite 1207
Halifax, NS B3J 3k5
In addition, Athletigen accepts service of process at this address. Any notices that you provide without compliance with what is seen in this section will have no legal effect.
26. CHANGES TO THE TERMS OF SERVICE
Athletigen can make changes to the TOS from time to time. When these changes are made, Athletigen will make a new TOS copy that will be available on its website. Any new terms will be available from or through the Services.
You understand and accept that if you use the Service after the date the TOS was changed, Athletigen will treat your use as an agreement of the updated TOS.
27. VIOLATION OR SUSPECTED VIOLATION OF TERMS OF SERVICE
If you violate any of the TOS terms and/or Athletigen has suspicions that you violated the terms of these TOS, Athletigen has the right to suspend or terminate your account and refuse future or current use of the Services.
Entire Agreement. The TOS represents the entire agreement between you and Athletigen. It governs your Service uses and replaces any prior agreements made between you and Athletigen on this matter. You can also be subject to additional terms and conditions that may apply when you use the Services, content or software.
Applicable Law and Arbitration. Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with Athletigen arising from Agreement (“Disputes”) will be governed by the laws of Nova Scotia regardless of your country of origin or where you access Athletigen. Any Disputes shall be resolved by arbitration in accordance with the Commercial Arbitration Act (Nova Scotia), and shall be held in Halifax, Nova Scotia, in English, with written reasons from the arbitrator at either party’s request, and with arbitration costs and solicitor fees of both parties to be borne by the party that loses. Either party can obtain injunctive relief, orders to compel arbitration, or orders to enforce arbitral awards in any court of competent jurisdiction.
Waiver. Failure from Athletigen to enforce any right or provision form the TOS should not constitute a waiver of such right or provision. If any TOS provision is found by a court of competent jurisdiction to be invalid, the parties will agree that the court should endeavor to give effect to the party’s intentions as they are reflected in the provision, and the other TOS provisions shall remain in full force and effect.
Limitation of Action. You agree that regardless of any law that states the contrary, any claim or cause of action from or related to the Services use or the TOS must be filed within one (1) year after the claim or the cause of action is made.
Admissibility of Printed Versions. A printed version of this agreement and any electronic notice shall be admissible in judicial or administrative proceedings to the same extent as similar conditions in other documents that are originated and maintained in printed form.
Severability.If any TOS portion is found to be null, void, voidable or unenforceable, the portion that remains is in full force and effect.
Amendments. We hold the right to modify or replace the TOS, which are effective as they are posted at www.athletigen.com or as notified otherwise. If you disagree with any changes, you may terminate this Agreement at any time as stated in Section 18 (Termination).
Assignment.You shall not assign any rights or obligations under this Agreement. Any assignment and delegation shall be deemed ineffective. We can assign or delegate all rights and obligations under the Agreement without notice to you. We can also substitute (upon notice to you) Athletigen for any third party that will assume our rights and obligations under this Agreement.