PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Athleticode Inc. (“Athleticode,” “we,” “us”, “our”) provides this web site (collectively, with the Information (as defined below), the “Site”) and all related products and services subject to your compliance with the terms and conditions set forth in this agreement (“Agreement”). This Agreement governs the relationship between Athleticode and you, the Site visitor (“you” or “your”), with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site or any of the Services or Information (as defined below).

THIS TERMS OF USE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY THAT MAY BE APPLICABLE TO YOU.

In order to use the Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13.

We reserve the right at any time to:

• change the terms and conditions of this Agreement;
• change the Site, including eliminating or discontinuing any Information or Services or other feature of the Site; or
• deny or terminate your use of and/or access to the Site.

Any changes we make will be effective immediately upon our making such changes available on the Site or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the Site thereafter constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Confidentiality. Your privacy is important to Athleticode. Athleticode’s privacy policy is hereby incorporated into this Agreement by reference. Please read this policy carefully for information relating to Athleticode’s collection, use, and disclosure of your personal information.

Products, Services and Information Provided in Connection with the Site. Please note that any products and services made available on, by or through the Site (collectively, the “Services”), as well as any information provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, test results, test analysis, images, audio and video clips, links and references (collectively, the “Information”), are provided for informational and educational purposes only. The information contained in this Site (including the Information) is presented in summary form only and, while hopefully informative and helpful, is not intended to provide a comprehensive knowledge of all available training regimens or related healthcare topics.

The Information and Services are not complete and are not intended to serve as instruction or advice for medical diagnosis, prognosis, treatment or insurance purposes or to be used in the place of a visit or consultation or advice of your physician or other professional health care provider. Any test results obtained through the Site or Services do not, under any circumstances, constitute, confirm or deny any medical diagnosis or prognosis. Athleticode is not engaged in rendering professional medical care and the availability or use of the Information or Services is not intended to create, and does not create, any doctor-patient relationship. Use of the Site and Services is not an adequate substitute for obtaining professional medical care and advice from a licensed physician or other professional health care provider. You agree that you will seek the services of your physician regarding any questions you may have about the Services or any possible healthcare or medical aspects of the Services. You should never disregard medical advice or delay in seeking it because of something you have read or received in the Information or Services. Should you suspect you may have any condition discussed or referenced on or in the Site or Services or Information, please promptly call or see your physician or other professional health care provider.

In addition, note that data, information and procedures in the medical field change frequently and are often subject to differing interpretations. In addition, the facts and circumstances of every situation differ. Although Athleticode endeavors to use reasonable care in assembling the Information and providing the Services, you should be aware that the Information and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you).

Limited Permitted Use of Information and Services. Unless otherwise specified on the Site, you may download or print a single copy of any test results or other textual Information displayed on the Site, and use the downloaded or printed Information solely for your own personal benefit and use. You must retain all copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Athleticode and/or its licensors and/or suppliers (as further provided below). Although Athleticode may provide you with access to test results and related information on the Site, you acknowledge and agree that Athleticode reserves the right to, and may, retain or delete such information at any time in its sole discretion.

The downloading, printing and other use of the Information, and the provision of Services to you, is conditioned on your acceptance of any additional terms and conditions that are presented or provided in connection with any such Information or Services, including agreements of third parties. By acquiring or using such Information or Services, you agree to such terms and conditions.

Registration. Some areas of the Site may require you to register with Athleticode. When and if you register with Athleticode, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You understand that any information you provide will be treated by Athleticode in the manner described in our Privacy Policy.

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. You should never disclose your username or password to anyone else. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at [customerservice@athleticode.com]. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING BUT NOT LIMITED TO PURCHASES OR ACCESS TO TEST RESULTS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Making purchases. If you wish to purchase any Information or Services, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Athleticode in the manner described in our Privacy Policy, which can be found at www.athleticode.com. You agree that all information that you provide to Athleticode will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

We reserve the right, without prior notification, to change descriptions or references of, and to limit the order quantity on, any Service and/or to refuse to provide any Service to you. Verification of information applicable to a purchase may be required prior to Athleticode’s acceptance of any order. Price and availability of any Service are subject to change without notice.

Third Party Links. The Site may contain links to other web sites for your convenience. Athleticode has not reviewed, in their entirety, the web sites that are linked to the Site and does not control such sites or the content provided through such sites. Your use of linked web sites is subject to the privacy practices and terms of use established by the specific linked site, and Athleticode disclaims all liability associated therewith. The fact that Athleticode offers such links does not indicate any approval or endorsement by Athleticode of any linked web site or any material contained on any linked web site, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services or publications within the Site do not imply endorsement of, and Athleticode is not responsible for and disclaims any endorsement of, any such product, service or publication.

Code of Conduct. You agree not to:

• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Use the Site, Information or Services for any unlawful purpose.
• Communicate any confidential or non-public information about any other person or entity without the authorization to do so;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Site or Services;
• Defame, harass, abuse, threaten, stalk or defraud users of the Site, or collect, or attempt to collect, personal information about users or third parties without their consent.
• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.
• Attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site.
• Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
• Modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Link to any page of or content on the Site other than the URL located at www.dnadirect.com; or
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

When using the Site, Information or Services, you agree to comply with all applicable laws, rules and regulations.

Ownership and Restrictions. The Site is owned and operated by Athleticode in conjunction with others pursuant to contractual arrangements, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Athleticode and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site or any Service or Information without our prior written permission. The Information, Site and Services may be used solely (i) to the extent permitted in this Agreement or (ii) as expressly authorized in writing by Athleticode or, if so indicated in writing by Athleticode, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Athleticode, Athleticode’s licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Athleticode, Athleticode’s licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Athleticode rights of ownership shall survive any termination. Your right to use the test results shall survive the termination of this Agreement.

Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (I) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (II) ATHLETICODE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE. ATHLETICODE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS AND/OR ASSIGNS DO NOT WARRANT THAT THE INFORMATION, SITE OR SERVICES, NOR YOUR USE OF FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ATHLETICODE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS OR ASSIGNS, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.

BY USING THE SITE, YOU ACKNOWLEDGE THAT ATHLETICODE IS PROVIDING THE INFORMATION FOR INFORMATIONAL PURPOSES ONLY AND THAT THE INFORMATION IS NOT PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE OR INSTRUCTION. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION IN THE SITE IN DECIDING ON A TREATMENT OR TRAINING PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION, AND ATHLETICODE, ITS AFFILIATES AND ITS PARTNERS, LICENSORS AND SUPPLIERS STRONGLY URGE THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT AND TRAINING OPTIONS THAT MAY BE AVAILABLE TO YOU.

Some states do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

A possibility exists that unauthorized alterations could be made by third parties to the Information, Site and/or Services. In the event that a situation arises in which the completeness or correctness of the Site or Information and Services is in question, please contact with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you. Further, you acknowledge and agree that test kits, test results and test analyses made available on, by or through the Site are supplied by third parties that Athleticode does not control. Although Athleticode may facilitate your access to such test kits, test results and test analyses, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATHLETICODE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY TEST KITS, TEST RESULTS OR REPORTS OR ANALYSES.

Limitation of Liability. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ATHLETICODE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF ATHLETICODE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES. 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.

Indemnification. You agree to fully indemnify, defend and hold Athleticode, our affiliates, licensors, suppliers, advertisers, sponsors, agents, successors and assigns and our and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your actual or alleged breach of this Agreement.

Jurisdictional Issues. The Information, Site and Services are solely directed to individuals residing in the United States; and the Services are not currently available to individuals located outside of the United States. We make no representation that the Information, Site or Services are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Access By Minors. The Site is not intended for children under 13. Athleticode wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of GetNetWise.org (http://www.getnetwise.org/).

Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Contacting Athleticode Regarding the Site. Should you have any questions, comments or complaints regarding this Agreement or the Site, please use our contact form, (510) 465-0800 or

Athleticode Inc.
1729 Telegraph Avenue
Oakland, CA 94612 USA.

Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County Oakland, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicenseable by you except with Athleticode’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Athleticode may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular. Please read Athleticode’s Privacy Policy, which can be accessed at www.athleticode.com.