Last Updated: October 14, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 21 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 21.9.
1.1 Scope. These Terms and Conditions (“Terms”) govern your access to and use of the websites, portals, testing services, reports, and related services offered by Athlete Blood Test, Inc., a Delaware corporation (“ABT,” “we,” “us,” or “our”). These Terms apply to both our Consumer Services and our Organizational Services, as defined below. Some sections apply only to one type of service, and those sections say so.
1.2 Definitions. In these Terms:
“Athlete” means an individual whose Sample is collected or whose Health Data is processed through the Services, whether that individual orders directly from us or participates through an Organizational Client.
“Authorized Staff” means the physicians, registered dietitians, athletic trainers, and other personnel whom an Organizational Client designates to use the Services on its behalf.
“BAA” means a business associate agreement between ABT and a HIPAA Covered Entity, as may be required by 45 C.F.R. §§ 164.502(e) and 164.504(e).
“Consumer Services” means the testing, Report, and data interpretation services that an individual purchases directly from ABT for that individual’s own use.
“Covered Entity” has the meaning given in 45 C.F.R. § 160.103.
“Genetic Data” means any data, regardless of format, that results from the analysis of an individual’s DNA or other genetic material, including genotype and sequence information and information derived from them.
“Health Data” means personal information that identifies or is reasonably linkable to an individual and that relates to the individual’s past, present, or future physical health, including laboratory results, biomarker values, physiological data, health questionnaires, and Genetic Data.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the HITECH Act, and their implementing regulations, each as amended.
“Laboratory” means an independent clinical laboratory that performs testing on Samples.
“Ordering Provider” means a licensed health care professional who reviews and authorizes a test order, where state law requires one. The Ordering Provider may be provided by ABT or provided or designated by an Organizational Client.
“Organizational Agreement” means a signed master services agreement, order form, statement of work, BAA, data protection agreement, or similar written agreement between ABT and an Organizational Client.
“Organizational Client” means a professional or elite sports team, league, club, academy, medical group, clinic, or other organization that buys Organizational Services.
“Organizational Services” means the off-the-shelf and custom testing panels, phlebotomy coordination, laboratory logistics, Portal access, and related services that ABT provides to an Organizational Client.
“PHI” means protected health information as defined in 45 C.F.R. § 160.103.
“Portal” means the ABT Health Portal and any other online interface through which ABT provides the Services.
“Report” means any results display, summary, interpretation, reference or optimal range, insight, or recommendation that ABT provides based on test results or other Health Data.
“Sample” means blood, saliva, or any other biological specimen collected for testing through the Services.
“Services” means the Consumer Services, the Organizational Services, the Portal, and all related content and functionality.
“User” or “you” means any person who accesses or uses the Services, including Athletes, Authorized Staff, and parents or legal guardians acting for a minor.
2.1 Agreement. You accept these Terms when you check the acceptance box or click “I Agree” when creating an account or placing an order. If you do not agree, do not create an account, place an order, or use the Services.
2.2 Related Policies. Our Privacy Policy, Consumer Health Data Privacy Policy, and Genetic Privacy Notice (together, the “Privacy Policies”) explain how we collect, use, and share personal information and Health Data. The Privacy Policies are incorporated by reference. However, nothing in these Terms treats your acceptance of these Terms as consent to collect, share, or sell Health Data or Genetic Data. We request those consents separately, as described in Section 7.
2.3 Organizational Clients. If an Organizational Agreement exists, it controls over these Terms for any conflict concerning the Organizational Client’s rights and obligations. These Terms govern each individual User’s use of the Portal. These Terms also govern an Organizational Client’s use of the Services on any topic its Organizational Agreement does not address.
2.4 Electronic Communications. You agree to receive agreements, notices, disclosures, and other communications from us electronically, including by email and through the Portal. Electronic communications satisfy any legal requirement that a communication be in writing. We deliver test results and other Health Data only through the Portal or through an encrypted email service. You may withdraw this consent by closing your account.
3.1 Adults. You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account or buy Consumer Services.
3.2 Minors. Minors may receive Services only through an Organizational Client. A parent or legal guardian must first give verified written consent and must be the account holder or a co-account holder.
3.3 State Availability. Some states limit consumer-initiated laboratory testing. If we cannot fill an order in your state, we will cancel it and refund your payment in full.
4.1 Consumer Services. Through the Consumer Services, you may:
Reports combine automated analysis with review by qualified ABT personnel. They provide general wellness information to help you understand your nutrition, athletic training and recovery.
4.2 Organizational Services. Through the Organizational Services, ABT:
The Organizational Client may designate the Ordering Provider for Organizational Services, or ABT may provide one upon request.
4.3 What We Do Not Do. ABT is not a laboratory and does not perform testing on Samples. ABT does not practice medicine and does not diagnose, treat, cure, or prevent any disease. ABT does not provide emergency services. Unless an Organizational Agreement expressly states otherwise in writing, ABT does not perform anti-doping, drug-of-abuse, forensic, paternity, or legal chain-of-custody testing. No Report is intended for use in any anti-doping program, disciplinary proceeding, or legal proceeding.
4.4 Third-Party Providers. Laboratories, Ordering Providers, phlebotomists, and mobile collection providers are independent third parties. They are responsible for the professional services they perform. For the providers we engage, we select with care and require appropriate licensure and certification. However, we do not control their professional judgment. Ordering Providers designated by an Organizational Client are not engaged, supervised, or credentialed by ABT.
4.5 Changes to Services. We may add, change, or discontinue panels, features, or providers. If we discontinue a service you have paid for but not yet received, we will offer a comparable substitute or a refund.
5.1 Account Information. You must provide accurate, current, and complete information when you register and keep it updated. Do not create an account for another person unless you are that person’s parent, legal guardian, or legally authorized representative.
5.2 Account Security. We use one-time verification codes sent to your registered email address to authenticate access. Verification codes and standard account emails do not contain test results or other Health Data. When results are ready, we send a notice, and you view the results in the Portal. You are responsible for keeping your email account secure and for activity under your account that results from your failure to do so. Notify us immediately at legal@athletebloodtest.com if you suspect unauthorized access.
5.3 Authorized Staff Accounts. Organizational Clients must:
Authorized Staff may access an Athlete’s individual results only as permitted under Sections 7 and 8.
5.4 Suspension. We may suspend an account to protect the security of the Services or of Health Data, to investigate suspected misuse, or to comply with law. When practical, we will tell you why and how to restore access.
6.1 Two Different Roles. The laws that protect your Health Data depend on how you obtained the Services.
(a) Consumer Services. When you buy Consumer Services directly from us, ABT generally is not a HIPAA Covered Entity or business associate. Your Health Data is protected by our Privacy Policies and may be protected by applicable state health, genetic, and consumer privacy laws. We may voluntarily apply safeguards aligned with the HIPAA Security Rule to this data. That voluntary choice does not make HIPAA apply to it.
(b) Organizational Services for Covered Entities. When a Covered Entity engages us, ABT acts as its business associate. We use and disclose PHI only as permitted by HIPAA and the BAA. If these Terms conflict with a BAA about PHI, the BAA controls. Requests to access, amend, or receive an accounting of PHI should go to the Covered Entity. We will help the Covered Entity respond as the BAA requires.
(c) Organizational Services for Other Organizations. Many sports teams receive Health Data in their role as employers and are not Covered Entities. In that case HIPAA generally does not apply. We protect Athlete Health Data under our Organizational Agreement, our Privacy Policies, and applicable law, including (as applicable) Genetic Information Nondiscrimination Act (“GINA”) and state genetic privacy laws.
6.2 No Sale. We do not sell Health Data, Genetic Data, or Samples.
6.3 Data Security. We maintain reasonable administrative, technical, and physical safeguards designed to protect Health Data, appropriate to its sensitivity. These include encryption in transit and at rest, role-based access controls, and encrypted backups. No system is completely secure, and we cannot guarantee that unauthorized access will never occur.
6.4 Breach Notification. If a breach of security affects your Health Data, we will provide the notices required by applicable law.
6.5 Your Privacy Rights. Depending on where you live, you may have rights to access, correct, delete, or obtain a copy of your Health Data. You may also withdraw consent or limit certain uses of sensitive data. Our Privacy Policies explain these rights and how to exercise them.
6.6 De-identified Data. We may create de-identified or aggregated data that cannot reasonably identify any individual. We use it to operate and improve the Services. We will not attempt to re-identify it, and we contractually prohibit recipients from re-identifying it. We will not use Genetic Data for research without your separate express consent.
7.1 Voluntary Participation. Testing is voluntary. Before your Sample is collected, we will ask you to review and accept a testing consent. The consent describes the tests ordered, how your Sample and results will be used, who will receive your results, and the risks and limits of testing.
7.2 Separate Consents for Health and Genetic Data. We ask for each of the following separately, through clear, affirmative steps:
Consent is never inferred from inaction or from your acceptance of these Terms. You may withdraw any consent at any time as described in our Privacy Policies. Withdrawal does not affect testing already performed or disclosures already made.
7.3 Risks of Testing. Blood collection may cause temporary discomfort, bruising, light-headedness, fainting, or, rarely, infection. Results may reveal unexpected information, including information relevant to your biological relatives. Results can be affected by hydration, recent exercise, diet, supplements, medications, illness, and the timing of collection. Some results may lead you to seek more medical evaluation.
7.4 Team-Sponsored Testing. If you are tested through an Organizational Client:
Your identifiable blood panel results will be released to the Organizational Client’s Authorized Staff only as you authorize in writing or as applicable law permits.
8.1 Collection. Samples are collected by licensed or certified phlebotomists, either at Laboratory patient service centers or at locations arranged with an Organizational Client. Follow all pre-collection instructions, including fasting and exercise guidance. If you do not, your results may be inaccurate or your Sample may be rejected.
8.2 Laboratory Standards. All testing is performed by Laboratories certified under the Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. § 263a; 42 C.F.R. Part 493) (“CLIA”) and licensed in any state where licensure is required. Each Laboratory is solely responsible for the analytical performance of its tests, its quality control, and its compliance with CLIA and state laboratory laws.
8.3 Rejected or Compromised Samples. A Laboratory may reject a Sample that is insufficient, mislabeled, damaged, or compromised in transit. If that happens because of a Laboratory, collection, or ABT error, we will arrange one recollection at no extra charge. If it happens because you did not follow collection instructions, a recollection fee may apply.
8.4 Chain of Custody for Organizational Clients. For Organizational Services, we follow the collection, labeling, and transport procedures in the Organizational Agreement. Unless the Organizational Agreement expressly provides for forensic chain-of-custody procedures, our handling procedures are designed for clinical and wellness purposes only.
8.5 Sample Retention and Destruction. ABT does not store Samples. The performing Laboratory retains and destroys Samples under its own policies and the retention requirements of CLIA, state law, and its accreditation bodies. ABT does not sell Samples. ABT does not authorize any Laboratory to use your Sample for research, or to provide it to any third party, on ABT’s behalf. If you ask us to, we will send a written request to the Laboratory to destroy your Sample. The Laboratory’s policies and legal requirements govern whether and when it does so.
9.1 Delivery. Results are typically available in the Portal 10 to 14 days after the Laboratory receives your Sample, and we work to deliver them sooner. Delivery times depend on Laboratory processing and are not guaranteed.
9.2 Critical Values. If a Laboratory identifies a result that may require urgent medical attention, the Laboratory and the Ordering Provider are responsible for following up under their professional obligations and applicable law. For Organizational Services, that is the Ordering Provider designated by the Organizational Client. ABT will make reasonable efforts to contact you using your account information. ABT does not monitor results in real time. If you think you are experiencing a medical emergency, call 911 or go to the nearest emergency room.
9.3 Automated Processing. We display results using automated technology that extracts values from Laboratory reports. Errors can occur. Always check displayed values against the original Laboratory report, which is available for download in the Portal, and tell us about any discrepancy.
9.4 Reference and Optimal Ranges. Laboratory reference ranges come from the performing Laboratory. Any “optimal” or performance ranges are ABT’s general guidelines for athletic populations. They are based on our review of available scientific literature and are not clinical diagnostic thresholds. A result outside an optimal range does not mean you have a disease. A result inside one does not mean you are healthy.
9.5 Reliance. Reports are for general wellness and informational purposes. Discuss any result or Report with a qualified health care professional before acting on it.
10.1 Not Medical Advice. ABT does not provide medical advice, diagnosis, or treatment. Reports, recommendations, educational content, and communications from ABT personnel do not substitute for care from a licensed health care professional. Using the Services does not create a physician-patient relationship between you and ABT. Any relationship with an Ordering Provider is limited to the order review that provider performs.
10.2 Wellness Purpose. Consumer Services are designed to support general wellness, nutrition, training, and recovery decisions. They are not designed to screen for, diagnose, monitor, or treat any disease or medical condition. Do not start, stop, or change any medication or treatment based on a Report without consulting your physician.
10.3 Diagnostic Testing for Organizational Clients. Some Organizational Services include clinical testing ordered by an Ordering Provider designated by the Organizational Client. That Ordering Provider and the Organizational Client’s medical staff are solely responsible for clinical interpretation, diagnosis, and treatment decisions. ABT’s role is limited to logistics, data delivery, and any non-clinical Reports described in the Organizational Agreement.
10.4 FDA Status. ABT’s Reports, optimal ranges, and recommendations have not been evaluated, cleared, or approved by the U.S. Food and Drug Administration (“FDA”). Laboratory tests performed for the Services may include tests cleared or approved by FDA. They may also include laboratory-developed tests that have not been cleared or approved by FDA.
10.5 Limits of Testing. No laboratory test is 100% accurate. False positive and false negative results can occur. Genetic testing detects only the variants included in the panel. It does not identify all genetic risks, and most traits and conditions are influenced by environment and lifestyle as well as genetics.
11.1 Compliance. Each Organizational Client is responsible for its own compliance with laws and agreements that govern its collection and use of Athlete Health Data. This includes GINA, the Americans with Disabilities Act, state genetic privacy and medical information laws, applicable collective bargaining agreements, and league or governing-body rules.
11.2 Authorizations. Before directing ABT to collect Samples from an Athlete or release identifiable results, each Organizational Client must obtain all required Athlete authorizations, consents, and, for minors, parent or guardian consents. Each Organizational Client represents that it has done so for every Athlete it refers.
11.3 Prohibited Uses of Results. An Organizational Client must not:
11.4 Clinical Responsibility. An Organizational Client’s licensed medical staff are responsible for all clinical decisions based on results delivered through the Services.
11.5 Designated Ordering Providers. When an Organizational Client designates an Ordering Provider, the Organizational Client represents and warrants all of the following:
The Organizational Client must notify ABT promptly if a designated Ordering Provider’s license, authority, or relationship with the Organizational Client ends. ABT may rely on test orders it receives from a designated Ordering Provider without independent verification.
12.1 Our Property. ABT and its licensors own the Services, the Portal, our software, panel designs, algorithms, optimal ranges, Report formats, content, trademarks, and all related intellectual property rights. These Terms do not transfer ownership of any of them to you.
12.2 Your License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services. Individuals may use them for personal wellness purposes. Authorized Staff may use them for an Organizational Client’s internal athlete-care purposes, as described in its Organizational Agreement.
12.3 Your Data. As between you and ABT, you retain your rights in your Health Data. You may download, print, and share your own results and Reports. You grant ABT a license to use your Health Data only to provide, secure, and improve the Services, as described in these Terms, the Privacy Policies, and any applicable BAA or Organizational Agreement.
12.4 Feedback. If you send us suggestions or feedback, we may use them without obligation to you. Feedback does not include your Health Data.
12.5 Restrictions. You may not:
13.1 Consumer Fees. You agree to pay the prices shown at checkout, plus applicable taxes and any collection fees disclosed before purchase. Our third-party payment processor processes payments. Unless we expressly state otherwise, the Services are not billed to health insurance, and we do not provide claims documentation for insurance reimbursement.
13.2 Refunds for Consumer Services.
13.3 Subscriptions. If you buy a recurring testing plan, we will clearly disclose the renewal terms, price, frequency, and cancellation method before you buy. We will get your affirmative consent to automatic renewal and send any renewal reminders required by law. You may cancel online through the Portal at any time before your next renewal date.
13.4 Organizational Fees. Organizational Clients pay the fees, invoicing schedule, and payment terms stated in their Organizational Agreement. If an Organizational Agreement does not address them, invoices are due 30 days after the Organizational Client receives them. Late amounts may bear interest at the lesser of 1% per month or the highest rate permitted by law.
14.1 By You. You may close your account at any time through the Portal or by emailing legal@athletebloodtest.com. Closing your account does not automatically delete your Health Data. You may request deletion as described in our Privacy Policies.
14.2 By ABT. We may suspend or terminate your access if any of the following applies:
If we terminate for a reason other than your breach or misuse, we will refund fees for Services you paid for but did not receive.
14.3 Access to Results After Termination. Except where termination results from fraud, misuse, or legal requirements, you may download your results and Reports for 30 days after termination. We will retain or delete Health Data as described in our Privacy Policies and as required by law, any BAA, and any Organizational Agreement.
14.4 Organizational Clients. Termination of an Organizational Agreement ends Authorized Staff access to the Portal. It does not end an Athlete’s right to access that Athlete’s own results under Section 14.3.
14.5 Survival. Sections 6, 10, 11, 12, 13 (for unpaid amounts), 14, 15, 16, 17, 18, 21, 22, and 23 survive termination.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN ORGANIZATIONAL AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY REPORT WILL IMPROVE YOUR HEALTH OR ATHLETIC PERFORMANCE. WE ARE NOT RESPONSIBLE FOR THE PROFESSIONAL SERVICES OF LABORATORIES, ORDERING PROVIDERS, OR PHLEBOTOMISTS. HOWEVER, NOTHING IN THIS SECTION LIMITS ANY RIGHTS YOU MAY HAVE DIRECTLY AGAINST THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
16.1 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, ABT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES LOST PROFITS, LOST EARNINGS, LOSS OF ATHLETIC OPPORTUNITY OR CONTRACT VALUE, AND LOSS OF GOODWILL. IT APPLIES EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED:
16.3 Exceptions. Sections 16.1 and 16.2 do not limit liability for:
16.4 Basis of the Bargain. These limits reflect a reasonable allocation of risk and are a fundamental part of the pricing of the Services.
17.1 By Users. To the extent permitted by law, you will defend, indemnify, and hold harmless ABT and its affiliates, officers, directors, employees, and agents from third-party claims and related losses, including reasonable attorneys’ fees, arising from any of the following:
17.2 By Organizational Clients. Unless its Organizational Agreement provides otherwise, each Organizational Client will defend, indemnify, and hold harmless ABT and its affiliates, officers, directors, employees, and agents from third-party claims and related losses, including reasonable attorneys’ fees, arising from any of the following:
17.3 Process. We will promptly notify the indemnifying party of any claim. We will allow it to control the defense and will reasonably cooperate at its expense. The indemnifying party may not settle a claim in a way that admits fault by ABT or imposes obligations on ABT without our written consent.
The Services may link to or integrate with third-party websites, Laboratories, payment processors, and service providers. Their own terms and privacy policies govern your use of their services. We are not responsible for third-party websites that we do not operate. Our responsibilities for vendors that process Health Data on our behalf are described in Section 6.3, our Privacy Policies, and any applicable BAA.
19.1 Changes. We may update these Terms to reflect changes in law, our Services, or our practices. We will post the updated Terms with a new “Last Updated” date.
19.2 Notice of Material Changes. For material changes, we will notify you by email or through the Portal at least 30 days before they take effect. Changes required by law may take effect sooner. If you continue using the Services after the effective date, you accept the updated Terms. If you do not agree, you may close your account under Section 14.1 before that date.
19.3 No Retroactive Changes to Dispute Resolution. Changes to Section 21 will not apply to any dispute arising before the change takes effect. They also will not apply to any dispute for which you have already notified us.
19.4 Privacy Changes. We will not use previously collected Health Data or Genetic Data in a materially different way without first getting your consent where required by law.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Section 21 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). If you are a consumer, nothing in this Section deprives you of the protection of any law of your state of residence that cannot be waived by contract.
21.1 Informal Resolution. Before starting arbitration or a small-claims case, the party with the dispute must send a written notice to the other party. The notice must include the claimant’s name and contact information, a description of the dispute, and the relief sought. Send notices to ABT at legal@athletebloodtest.com and at Athlete Blood Test, Inc. 1823 Ford Street, Suite 35, Golden, CO 80401. The parties will try in good faith to resolve the dispute within 60 days after the notice is received. During that period, any statute of limitations is paused.
21.2 Agreement to Arbitrate. Except as provided in Sections 21.3 and 21.9, all disputes, claims, or controversies arising out of or relating to these Terms or the Services (“Disputes”) will be resolved by binding individual arbitration. This includes disputes about the scope, enforceability, or arbitrability of this Section, except as provided in Section 21.6.
21.3 Exceptions. Either party may:
21.4 Rules and Administrator. The American Arbitration Association (“AAA”) will administer the arbitration. Consumer Disputes use the AAA Consumer Arbitration Rules. Disputes with Organizational Clients use the AAA Commercial Arbitration Rules. The rules are available at www.adr.org. A single arbitrator will decide the Dispute. For consumers, any hearing will be held by video conference or in the county where you live, at your choice. The arbitrator may award the same individual relief a court could award.
21.5 Costs. For consumer Disputes, ABT will pay all AAA filing, administration, and arbitrator fees, except as the AAA Consumer Arbitration Rules allocate to you. If your claim is frivolous or brought for an improper purpose, the arbitrator may reallocate fees as the applicable rules permit.
21.6 Class Action Waiver. YOU AND ABT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. A court, not an arbitrator, will decide any dispute about the validity or enforceability of this Section 21.6. If a court finds this waiver unenforceable for any claim or form of relief, that claim or relief will be severed and decided in court. The court proceeding will be stayed until the individual arbitration is complete. The rest of this Section 21 will remain in effect.
21.7 Public Injunctive Relief. If you seek public injunctive relief that cannot be waived under applicable law, that request will be severed and decided by a court. The court proceeding will be stayed until all arbitrable claims are resolved.
21.8 Mass Arbitration. This Section applies if 25 or more similar arbitration demands are filed against ABT, or by ABT, by the same or coordinated counsel within 90 days.
21.9 Right to Opt Out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms. To do so, send a signed notice to legal@athletebloodtest.com stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
21.10 Court Venue. Any Dispute that is not arbitrated will be brought in the state or federal courts located in Delaware. Each party consents to personal jurisdiction in those courts.
21.11 Time to Bring Claims. To the extent permitted by law, any claim must be brought within one year after it arises. A claim not brought within that period is barred.
22.1 Entire Agreement. These Terms, the Privacy Policies, any testing consent, and any applicable Organizational Agreement or BAA are the entire agreement between you and ABT about the Services. The order of precedence is:
22.2 Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect, subject to Section 21.6.
22.3 Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Any transfer of Health Data in such a transaction will follow our Privacy Policies and applicable law, including any consent requirements.
22.4 Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control. These include natural disasters, pandemics, Laboratory or carrier disruptions, utility or internet failures, labor disputes, and government action.
22.5 No Waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
22.6 Independent Contractors. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.
22.7 Export and Sanctions. You may not use the Services in violation of U.S. export control or sanctions laws.