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Terms of Use

These Terms of Use are a contract between you and Soar BioDynamics, Ltd. (“Soar BioDynamics”), a company with a principle place of business at 617 Tumbleweed Circle, Incline Village, NV 89451. Soar BioDynamics operates soarbio.com (collectively, with any successor Web sites, the “Websites”). By using the Websites and any services accessible from the Web sites, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not visit or use the Websites.

1. Eligibility

The Web sites are directed towards users who reside in the United States of America. If you are visiting from outside the United States there may be special rules or limitations regarding your use of this Web site. We do not intend to gather personally identifiable information from individuals residing outside of the United States.
THE WEB SITES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEB SITES BY Soar BioDynamics. By using the Web sites, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by Soar BioDynamics.

2. Privacy

You confirm that you have read and accept our Privacy Policy.

3. No Medical Advice

Your use of the Web sites and the materials contained herein is at your own risk. The Dynamic Screening calculation tool and other information located on the Web sites are for general health information only. The calculation tool and information are not intended to be used as medical advice, diagnosis, or treatment of any medical condition or health problem, and your use of the calculation tool or information does not create an express or implied physician-patient relationship between you and Soar BioDynamics, its employees or consultants. You should never use the calculation tool or any other information located on the Web sites as a substitute for a thorough and complete discussion with your doctor about a medical condition or health problem you may have, and you should not rely solely on the Materials in the Web sites when choosing a treatment plan or evaluating any other medical advice regarding any disease or medical condition. Questions regarding your prostateA donut-shaped gland the size and shape of a walnut that surrounds the upper portion of the male urethra. Its main function is to produce part of the fluid that makes up semen. health or any medical condition, including whether or how to use any information presented on the Web sites, should be addressed to your own physician or other healthcare provider. Soar BioDynamics and its licensors strongly urge that you consult with a physician in connection with any and all medical decisions, including testing, diagnosis and treatment options that may be available to you and independently verify any information on which you intend to rely with respect to such decisions.

Soar BioDynamics makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of any information contained or referenced in the calculation tool. Health-related information and technology change frequently and therefore information contained in the calculation tool may be outdated, incomplete or incorrect. Soar BioDynamics does not assume any risk whatsoever for your use of the calculation tool or the information contained therein or elsewhere on the Web site. In using the calculation tool, you agree that neither Soar BioDynamics nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use or reliance on any information presented on this Web site or as a result of using the calculation tool.

4. Ownership of Content

The Web sites are owned and operated by Soar BioDynamics. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Web sites (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Web sites are the property of Soar BioDynamics or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, logos and service marks displayed on the Web sites, whether registered or unregistered, are owned exclusively by Soar BioDynamics or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. Soar BioDynamics reserves all rights not expressly granted in this Terms of Use.

5. License

Soar BioDynamics hereby grants you a nontransferable, nonexclusive license to use the Materials contained on the Web sites solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications.

6. Modification of these Terms of Use; Termination

Soar BioDynamics reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Web sites after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective thirty days after they are initially posted on the Websites.

Soar BioDynamics reserves the right to limit, suspend or terminate your account and/or your access and use of the Websites at any time without notice and remove and discard all or any part of your account and user profile. You agree that Soar BioDynamics will not be liable to you or any third party for any such limitation, suspension or termination. Your only remedy with respect to any dissatisfaction with (i) the Web sites, (ii) any term of these Terms of Use, (iii) any policy or practice of Soar BioDynamics in operating the Web sites, or (iv) any content or information transmitted through the Web sites, is to terminate this Terms of Use and your account. You may terminate this Terms of Use at any time by deleting your account with the Web sites and discontinuing use of any and all parts of the Web sites. Any suspected fraudulent, abusive or illegal activity by you may be referred to appropriate law enforcement authorities.

7. Prohibited Conduct

As a condition to your use of the Web sites, you agree not to:

  • 7.1 use the Web sites for any purposes other than to access Materials;
  • 7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
  • 7.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Websites, or perform any other similar fraudulent activity;
  • 7.4 delete the copyright or other proprietary rights on the Web sites;
  • 7.5 use the Web sites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • 7.6 use the Web sites if you are under the age of 18 years old;
  • 7.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Web sites, features that prevent or restrict use or copying of any content accessible through the Web sites, or features that enforce limitations on the use of the Websites;
  • 7.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Web sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • 7.9 modify, adapt, translate or create derivative works based upon the Web sites or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
  • 7.10 intentionally interfere with or damage operation of the Web sites or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.


8.User Accounts

When you create an account to use the services provided on the Web sites, or otherwise use the Web sites to download or purchase content or any products, services, or information from Soar BioDynamics, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Soar BioDynamics on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Soar BioDynamics. You may be liable for the losses incurred by Soar BioDynamics or others due to any unauthorized use of your account on the Web sites.

9. Third-Party Sites, Products and Services; Links; Advertisers

The Web sites may include links or references to other external Web sites or services solely as a convenience to users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Soar BioDynamics has no control. Soar BioDynamics does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK, AND [COMPANY-NAME] MAKES NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO THE REFERENCE SITES. You acknowledge and agree that Soar BioDynamics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

Soar BioDynamics may permit other companies, called third-party ad servers or ad networks, to serve advertisements within the Web sites. These third-party ad servers or ad networks may use technology to send, directly to your browser, some of the advertisements and links that appear on the Web sites. These advertisers may automatically receive your IP address if this happens. These advertisers may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. You should consult the respective privacy policies of these third-party ad servers or ad networks. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Websites are solely between you and such advertiser. Soar BioDynamics’ privacy policy does not apply to, and we cannot control the activities of, such other advertisers or Web sites.

10. Disclaimer of Warranties

THE WEB SITES AND MATERIALS MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. THE WEB SITES AND MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. Soar BioDynamics DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE WEB SITES AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability and Damages

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, Soar BioDynamics HEREBY DISCLAIMS, AND IN NO EVENT SHALL Soar BioDynamics OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE WEB SITES, BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE WEB SITES OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF Soar BioDynamics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, Soar BioDynamics SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS. IN NO EVENT WILL Soar BioDynamics’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEB SITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES OR USING THE SERVICES PROVIDED THROUGH THE WEB SITES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, save, and hold Soar BioDynamics, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Web sites, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Soar BioDynamics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Soar BioDynamics, and you agree to cooperate with Soar BioDynamics’ defense of these claims. Soar BioDynamics will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

13. Special Considerations for International Use

While Soar BioDynamics has designed the Web sites for users in the United States, we recognize the global nature of the Internet. As a condition of using the Web sites, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

14. Miscellaneous

These Terms of Use and any User Agreement you may agree to in the course of using the services provided on the Web sites constitute the entire agreement between you and Soar BioDynamics and govern your use of the Web sites, superseding any prior agreements between you and Soar BioDynamics (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by Soar BioDynamics. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of Soar BioDynamics to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against Soar BioDynamics and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the Websites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

15. Disclosure

The services hereunder are offered by Soar BioDynamics, Ltd., 617 Tumbleweed Circle, Incline Village, NV 89451. and email: support@soarbio.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Last updated: November 2008