POWERBAR MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
Thank you for visiting PowerBar’s website. PowerBar maintains this website (the "Site") for your personal entertainment, information, education and communication. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and PowerBar regarding this Site are superseded and of no force or effect.
This Site belongs to PowerBar, Inc. PowerBar or other third parties who have licensed PowerBar’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for noncommercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without PowerBar’s written permission.
Any non-personal information, communications or material you submit to PowerBar at this Site, by e-mail, download, or otherwise (“Submission”), is non-confidential, and PowerBar is free to use and reproduce such Submission freely, and for any purpose. Specifically, PowerBar is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting. If PowerBar accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, PowerBar does not waive any rights it may have to similar or related ideas previously known to PowerBar or developed by its employees, or obtained from sources other than you.
You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that PowerBar's use will not violate any third party's rights.
PowerBar is under no obligation to use any Submission.
Although PowerBar may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), PowerBar is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. PowerBar will fully cooperate with any law enforcement authorities or court order requesting or directing PowerBar to disclose the identity of anyone posting any such information or materials. PowerBar may remove Postings at any time, and for any reason.
Copyright Complaints (DMCA policy)
PowerBar respects the intellectual property of others, and we ask our users to do the same. PowerBar may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify PowerBar by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
- Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice to:
Attn: Legal Department/DMCA Notices
12 Vreeland Road
PO Box 697
Florham Park, NJ 07039
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to PowerBar or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that PowerBar will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. PowerBar has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
In general, PowerBar does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of PowerBar's trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests PowerBar has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with PowerBar to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without PowerBar's written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any PowerBar names, trademarks, slogans, or any other words or codes identifying PowerBar Site in any "metatag". PowerBar will not tolerate links from any website that may adversely affect the name, reputation and goodwill of PowerBar and its products. PowerBar reserves the right to cancel permission to link at any time, for any reason.
Information presented on the PowerBar web site is intended to impart general fitness, nutrition and health information. PowerBar is not engaged in rendering medical advice, counseling or other services. The information presented on this Site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice, counseling, or other services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
The PowerBar products, materials, offers, and information appearing on this Site are intended for U.S. visitors/customers. This Site is controlled by PowerBar from its offices in Florham Park, New Jersey , United States. PowerBar makes no representation that materials on this Site are appropriate or available for use in other locations.
Your use of and browsing on this Site are at your own risk. Neither PowerBar nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. PowerBar assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site.
Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Legal policies for our Web site
Our legal policy states that by accessing this Web site you are agreeing to the following Terms and Conditions, as provided by our lawyers.
Copyright, trademark and related issues
All material, trademarks or other intellectual property on this Site are either the property of PowerBar or affiliated companies, or are used with the authorization of the owners, and are subject to copyright. Reproduction for personal use is permitted. Unauthorized modification, copying, hiring, lending, transmission and broadcast is prohibited. Material from this site may not be sold or otherwise distributed for profit. Links on the PowerBar Site may take you outside the PowerBar Site, and PowerBar accepts no responsibility for the content, accuracy or function of such third party sites; the links are provided in good faith, and we cannot be held responsible for any subsequent change in sites to which we link. Neither PowerBar nor any of its associated companies, nor any other party involved in creating, producing, or delivering this Site, shall be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of, this Site. Everything on this Site is provided to you "AS IS". Neither PowerBar nor any of its associated companies warrant the accuracy of any of the material contained in this Site or that it fits any particular purpose. In addition, PowerBar shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property, by reason of your use of, access to, or downloading of any material from this Site. Some jurisdictions may not allow certain limitations of warrantees and damages, so some of the above exclusions may not all apply to you. While any personal details sent to the PowerBar Site are subject to our policy on privacy and protection of personal data, we understand that all information you communicate to PowerBar through the Internet (including any remark, suggestion, idea, graphics, etc.) becomes and will remain PowerBar’s exclusive property with unrestricted rights to use it, without compensating you or anyone else for them. In addition, any such information will not have to be treated by PowerBar as confidential.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this site belong to Societe des Produits Nestle S.A., and are used under exclusive license by PowerBar. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site. Your use/misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that PowerBar will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
This Web site may contain links to other Web sites. These links are to companies or organizations we believe you may have an interest in. PowerBar is not responsible for the content of any other site or for ongoing review of other sites.
The PowerBar products, materials, offers and information appearing on this Site are intended for United States consumers. This site is controlled by PowerBar in the USA from its offices in Florham Park, NJ, USA. PowerBar makes no representation that materials on this Site are appropriate for use in other locations.
Limitation of liability
Your use of and browsing on this Site are at your own risk. Neither PowerBar nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. PowerBar assumes no liability and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your use of this Site.
We reserve the right to make changes to this Site and these disclaimers, terms and conditions at any time.
12 Vreeland Road
Florham Park, NJ 07039
Policy for Non-commercial Use of Website Content
With the exception of user-generated content, including content reposted to this site from other social media platforms (e.g. Facebook, Twitter), content on the PowerBar.com website is written with great effort and care by our panel of experts and is developed utilizing evidence-based practice guidelines and cutting-edge scientific data. Content (other than user-generated content) is owned by PowerBar or its affiliates. We are happy to share this content with others on the condition that it is used only for educational purposes or other non-commercial uses, you follow the guidelines below, and that you understand that all website content is governed by the terms and conditions at http://www.powerbar.com/terms.aspx
- You may use content in its online entirety, as is, without content edits, with reference made, credit given, and a link provided to the PowerBar.com website.
- You may use partial content from our website for educational materials on your site, with credit given and/or reference made, and with a link provided, to the PowerBar.com website, where the full content lives.
- You may download any of the content as is, print it out, and present and distribute it to your students, athletes, teams, coaches, trainers, clubs, or parents. Where you download and redistribute content, representation of PowerBar, or other credit to PowerBar, is required on redistributed materials.
Please be aware that this permission does not apply to the distribution, modification, transmission, reuse, reposting, or use of content on the PowerBar.com website for public or commercial purposes, including the text, images, audio, and video.