TERASEM MOVEMENT FOUNDATION, INC. TERMS OF PARTICIPATION IN LIFENAUT PROJECT:BIO FILE PROGRAM

Terasem Movement Foundation, Inc., a Vermont nonprofit corporation (“TMF”) is engaged in a project (the “LifeNaut Project”) to investigate the Terasem Hypotheses which state that: (1) a conscious analog of a person may be created by combining sufficiently detailed data about the person (a "MindFile") using future consciousness software, and (2) that such a conscious analog can be downloaded into a biological or nanotechnological body to provide life experiences comparable to those of a typically birthed human. This part of the LifeNaut Project consists of research aimed at creating biological or nanotechnological bodies to demonstrate the second hypothesis. By participating in this part of the LifeNaut Project you are agreeing to support TMF’s research by donating a sample of your genetic material for later use to create a biological or nanotechnological body into which your MindFile will be downloaded and providing a financial donation to support the research.

These Terms of Participation govern your financial donation and your donation of a sample of your genetic material to be used in the research.  Please read all of the Terms of Participation carefully and, if you desire to support the project, please indicate by clicking “I Agree” at the end of the terms.

  1. Donation of BioFile.

    1. You voluntarily agree to donate to TMF a sample of your human cells (the “BioFile”) to be used by TMF in accordance with these Terms of Participation.
    2. You are responsible for collecting and providing TMF with the BioFile in accordance with the directions provided by TMF. TMF shall not be responsible for any problems relating to the collection of the BioFile or transfer of the BioFile to TMF.
    3. Once the BioFile has been received by TMF and it has been successfully vitrified and brought down to storage temperature in TMF’s storage facility, TMF will send you a Certificate of Storage verifying that the cells were determined to be alive and were brought down to storage temperature properly based on current practices.
    4. You acknowledge and agree that TMF shall have no obligation to return the BioFile to you at any time or for any reason. By donating the BioFile to TMF, you consent to TMF’s use of the BioFile in any manner permitted under these Terms of Participation.



  2. Use of the BioFile.

    1. You consent to TMF storing the BioFile in accordance with TMF’s cryogenic storage procedures, or any other storage procedures that TMF deems appropriate.
    2. Once the ability to generate a biological or nanotechnological body has been developed , you consent to TMF generating such a body utilizing the BioFile.
    3. TMF will not use the BioFile for medical or gene therapies or any other activity that would reintroduce the genetic material back into you or any other person other than the person created pursuant to the LifeNaut Project.
    4. TMF will not perform genetic testing of the BioFile other than as necessary to complete the LifeNaut Project.
    5. TMF is under no obligation to inform you of the results of any use of the BioFile.
    6. TMF shall take reasonable measures to maintain the privacy and security of the BioFile.
    7. In the event that the LifeNaut Project is terminated or modified or TMF determines that it can no longer maintain storage of the BioFile, including by way of example and not limitation if TMF were to lack sufficient funding to continue storage of the BioFile or continuation of the LifeNaut Project becomes impractical or unlawful, TMF shall destroy the BioFile, unless such destruction is prohibited by law. By donating the BioFile, you consent to such destruction of the BioFile and TMF shall not be liable for such destruction.
    8. TMF will provide you with periodic updates on the LifeNaut Project. Such updates will include general information, but may not include information about the BioFile.
    9. All decisions to be made by TMF under the Terms of Use shall be made by TMF in its sole discretion, and TMF shall not be liable for the consequences of any such decisions made in good faith, whether or not negligent.


  3. Contrary Legal Requirements. To the extent that any applicable law or regulation now in effect or enacted in the future would not permit you to consent to the donation and use of your BioFile as contemplated by these Terms of Participation, you hereby waive to the fullest extent allowed by law any such legal requirement. If such legal requirement is not waivable, then you may contact TMF to determine how TMF may comply with such legal requirement. It is TMF’s intent to comply with both your consent and wishes as expressed by your participation in the LifeNaut Project and all applicable legal requirements.


  4. Risks of Participation. TMF does not warrant that the LifeNaut Project will be successful or that if a BioFile can be created that it can receive a MindFile. The technology and science associated with the LifeNaut Project and the Terasem Hypotheses is still under development, is subject to public policy and ethical considerations and will likely be subject to legal regulation that does not exist at this time. Accordingly, the success of the LifeNaut Project and Terasem Hypotheses is speculative and uncertain. In particular:

    1. the storage of the BioFile may be unsuccessful.
    2. the creation of a biological or nanotechnological body may never be technically possible, or if technically possible, may in any particular instance not be successful.
    3. the storage of the BioFile or creation of the BioFile may be or become unlawful or limited by legal process.
    4. the downloading of a MindFile to a BioFile may never be technically possible, or if technically possible, may in any particular instance not be successful.
    5. the downloading of a MindFile to a BioFile may be or become unlawful or limited by legal process.


  5. Representations of Participant. You represent that:

    1. Your participation in the LifeNaut Project is voluntary and free of any coercion.
    2. You understand that storage of the BioFile and creation of a biological or nanotechnological body are unknown, untested, experimental processes;
    3. You understand that the success of storage of the BioFile and creation of a biological or nanotechnological body depends on future advances in science and technology and that the probability of success is completely unknown;
    4. You understand that the BioFile may be damaged or destroyed during storage of the BioFile and creation of a biological or nanotechnological body .
    5. You understand that there is no guarantee that creation of a biological or nanotechnological body ever will be attempted, or that any such attempt will be successful;
    6. You understand that TMF cannot and does not predict the possible legal, economic, and other changes or problems that might make storage of the BioFile, creation of a biological or nanotechnological body or the downloading of a MindFile into a biological or nanotechnological body illegal or impractical;
    7. You have carefully read and understand the risks described in these Terms of Participation;


  6. Release. You agree, on behalf of your heirs, descendants, successors and assigns, to release TMF, its officers directors, employees, servants, agents, delegees and assigns, from all liability, loss, claims, expenses or damages (collectively, the “losses”) resulting from, alleged to result from, or related to your donation of the BioFile, your participation in the LifeNaut Project and TMF’s use of the BioFile in accordance with these Terms of Participation.


  7. Limitation of Liability. IN NO EVENT SHALL TMF BE LIABLE TO YOU OR YOUR HEIRS, DESCENDANTS, SUCCESSORS OR ASSIGNS FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM PERSONAL INJURY/WRONGFUL DEATH OR RESULTING FROM THE INABILITY TO COMPLETE THE LIFENAUT PROJECT OR DOWNLOAD A MINDFILE TO A BODY CREATED USING A BIOFILE), WHETHER BASED UPON A CLAIM OR ACTION OF TORT, CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING CONTAINED IN THESE TERMS OF PARTICIPATON IS, OR SHALL BE DEEMED TO BE, INTENDED TO CREATE ANY THIRD-PARTY BENEFICIARIES.


  8. Assignment. TMF may assign and/or delegate part or all of its rights and duties under these Terms of Participation.


  9. Miscellaneous. If any provision of the Terms of Participation or the application thereof to any person or circum­stance shall be invalid or unenforceable to any extent, the remainder of the Terms of Participation and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. These Terms of Participation shall be governed by and construed in accordance with the laws of the State of Vermont without regard to conflicts of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts located in the State of Vermont, in any action arising out of or relating to your participation, and waive any other venue to which you or TMF might be entitled by domicile, forum nonconveniens or otherwise.