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March-15-2010PowerBar Community Terms of Use Thank you for visiting PowerBar.com. PowerBar.com is owned and operated by Nestle USA, Inc. ("Nestle USA", "PowerBar," "we," or "us"). These terms of use (the “Terms of Use”) govern your use of areas of the PowerBar website that allow you to access and view User Submissions (as defined below) (collectively and individually, “PowerBar Community Site” “Site”), and constitute a legal agreement between you and Nestle USA. To access or use the PowerBar Community Site, you must register for a username and login. By registering, you acknowledge that you have read, understood and agree to be bound by these Terms of Use, any modifications to the Terms of Use and the PowerBar.com Privacy Policy [http://www.powerbar.com/privacy], which is incorporated by reference into these Terms of Use, as well as the PowerBar.com Terms&Conditions [http://www.powerbar.com/terms]. To the extent these Terms of Use contradict or are inconsistent with the PowerBar.com Terms&Conditions, these Terms of Use shall control. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Site. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Site. Please return to the Site and review these Terms of Use from time to time, as they may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Site. Please note that your use of certain content and features of the Site may be subject to additional terms. By using such content and features, you also agree to be bound by such additional terms. REGISTRATION&PRIVACY Registration is required to use or access the PowerBar Community Site. Use of the Site is limited to legal United States residents 18 years of age and older. Your registration shall not impose any duty on us to provide any particular service or Site access to you. By submitting your registration information to register to use any of the Site, you agree that PowerBar and its third-party vendors (if any) may use it to contact you about the status of your account, your submissions and other administrative purposes. One user per email address, screen name and password is authorized. PowerBar will handle all information received from you in connection with your registration in accordance with the PowerBar.com Privacy Policy [http://www.powerbar.com/privacy]. We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion. By registering as a user of the Site, you represent and warrant that you are registering an account on your own behalf, that all information submitted in connection with your registration is truthful, accurate, current, and complete, and that you will maintain accurate, current and complete identifying information about your user ID and your profile. PowerBar may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete. Your username and password will be your login information, and you must keep your username and password confidential and agree to use your login solely in accordance with these Terms of Use. You must immediately notify us if you learn of or suspect (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password. You agree that, unless and until you notify us of any such loss, theft, or unauthorized use, you are fully responsible for all use of your account and for any actions that take place using your account. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations. If any unauthorized person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. USER SUBMISSIONS Certain portions of the Site may permit you to post or upload content, comments, communications, materials, information, opinions or other content created by you and other users (collectively, “User Submissions”). User Submissions may be reviewed by human moderators to ensure that they comply with these Terms of Use. In connection with User Submissions, you agree your User Submissions reflect your honest opinions, findings, beliefs, or experience, and are within your personal knowledge. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, false, misleading, defamatory, libelous, threatening, disparaging, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person or provide false information regarding yourself or any other person or entity. We do not endorse any User Submission or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. In addition, PowerBar does not and is not responsible for reviewing approving Community Leaders or placing any Community Leader’s page within any Community category, or for representations made by Community Leaders in connection with their registration or use of the Site, and that PowerBar in no way reviews, endorses, or approves Community Leaders or their submissions. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT POWERBAR IS NOT RESPONSIBLE FOR ANY USER SUBMISSION THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM. If notified by a user or a content owner of a User Submission that allegedly does not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove the User Submission or terminate the responsible party’s account, both of which we reserve the right to do at any time. For clarity, we do not authorize in any way copyright infringing activities on the Site, and reserve the right to remove content that allegedly does not conform to these Terms of Use, and to terminate access to the Site and remove all User Submissions submitted by any persons who we deem to be infringers or repeat infringers. We do not have any obligation to, and you agree that we have no obligation to, review the User Submissions posted and/or submitted by users accessing the Site, that we are not in any manner responsible for User Submissions, that we do not guarantee the accuracy, integrity or quality of User Submissions, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Submissions will not appear on the Site. You acknowledge that by providing you with the ability to access and view User Submissions on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Submissions or activities of users on the Site. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Submissions are not necessarily ours. Notwithstanding the foregoing, you acknowledge and agree that we have the absolute right (but not the obligation) to monitor User Submissions posted to the Site in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such User Submissions, in whole or in part, for any reason or for no reason, and to disclose such User Submissions and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Submissions. You agree that you shall immediately notify us in writing of any objectionable content appearing on the Site. We will make good faith efforts to investigate allegations that any User Submission violates these Terms of Use but (a) make no warranty to you that we will edit, remove, or continue to permit the display of any specific User Submissions, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Submissions. Your User Submissions are not confidential or proprietary. You grant to us and our designees a non-exclusive, non-revocable, perpetual, irrevocable, worldwide, sublicensable, royalty-free right and license to use your User Submissions, the ideas embodied therein, and/or your name, likeness and image in any manner or media now or later known, including, without limitation, the right to sublicense and assign and commercialize your User Submissions without any approval, compensation, or notice to you. In addition, when you submit a User Submission, you grant to us and our designees a non-exclusive, non-revocable, perpetual, irrevocable, worldwide, sublicensable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your User Submission or any ideas embodied therein with other content, create derivative works of and publicly perform your User Submission for any purpose in any manner or media now or later known. POWERBAR AND ITS DESIGNEES WILL BE ENTITLED TO UNRESTRICTED USE OF ANY USER SUBMISSION, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS THE PROVIDER OF THE USER SUBMISSION. We may contact you or any third parties to verify the information contained in a User Submission you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by us and may be used in accordance with these Terms of Use. We may also send you information and notices regarding your User Submission through the Site, by email or other means based on the information you provided to us in connection with your User Submission. PowerBar reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all User Submissions and/or your ability to access User Submissions with or without notice in its sole discretion. You agree that PowerBar shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of any User Submissions. YOU SPECIFICALLY ACKNOWLEDGE THAT POWERBAR, ITS DESIGNEES AND THE POWERBAR PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
CODE OF CONDUCT You agree that you will not or attempt to:
REFERRAL OPPORTUNITIES We may offer from time to time referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the 50 United States or the District of Columbia, who is of legal age of majority in their jurisdiction of residence (and at least 18 years of age, or such other age designated on the sign-up page) and be able to register for the features offered on the Site and otherwise use the Site. We reserve the right to add additional restrictions on who may be referred. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or email address if he or she appears to be on any of our "do not contact" or "do not email" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms of Use, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Site, any service or feature, or any third party for any reason or for any other reason as determined in our discretion. We specifically disclaim any liability for exercising such right. If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions that shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these Terms of Use. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability. If you are using the Site to communicate to a Referred Person (or any third party), you agree not to use the Site to harm the Referred Person or any other third party, and/or use the Site in violation of any applicable laws, rules or regulations or Terms of Use. POWERBAR COMMUNITY SITE CONTENT PowerBar reserves the right to change any and all content, software, applications, and other items used or contained in the Site at any time without notice. All materials made available by PowerBar through the Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, video clips, audio clips and other elements (collectively, "PowerBar Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You may view this Site and the PowerBar Content solely for your personal, lawful use. Any other copying, whether in electronic, hard copy or other format, is prohibited. Any unauthorized attempt to modify any PowerBar Content, to defeat or circumvent our security features, or to utilize the Site or any part of the PowerBar Content for any purpose other than its intended purposes is strictly prohibited. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Site or any PowerBar Content contained herein, or use it for any commercial purpose, without our prior written consent. All other rights are reserved by PowerBar and our licensors. Except as otherwise indicated (as in the case of User Submissions), all right, title and interest in and to any intellectual property, proprietary rights or other rights related to PowerBar Content are owned by PowerBar or its licensors, and you agree to make no claim of interest in or ownership of any such PowerBar Content. You acknowledge that no title to the PowerBar Content is transferred to you, and that you do not obtain any rights, express or implied, in the PowerBar Content other than the rights expressly granted in this Agreement. Without limiting the generality of the foregoing, you acknowledge and agree that the trademarks, logos and service marks, whether registered or unregistered (collectively, the “Trademarks”) used on the Site are Trademarks of the PowerBar Parties (as defined below) or third parties. Nothing contained on the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks. DISCLAIMERS YOUR USE OF THE SITE AND ANY USER SUBMISSION YOU CHOOSE TO POST OR SUBMIT IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND ""AS AVAILABLE"" BASIS, AND WE DO NOT WARRANT THAT THE SITE AND THE CONTENT AVAILABLE AT OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE CONTENT (INCLUDING USER SUBMISSIONS) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE, USEFUL OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT AVAILABLE THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS OR ERRORS OF THE SITE WILL BE CORRECTED. POWERBAR DOES NOT PRE-SCREEN OR APPROVE SITE USERS OR PAGES, AND CANNOT GUARANTEE THAT A POWERBAR COMMUNITY PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE PERSON OR ENTITY THAT IS THE SUBJECT OF THE PAGE. POWERBAR CANNOT CONTROL THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY CHOOSE TO SHARE YOUR PAGE OR INFORMATION. THUS, WE CANNOT AND DO NOT GUARANTEE THAT USER SUBMISSIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS OR USED FOR IMPROPER PURPOSES. POWERBAR IS NOT RESPONSIBLE FOR ANY CIRCUMVENTION OF PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE SITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT, EVEN AFTER REMOVAL, COPIES OF USER SUBMISSIONS MAY REMAIN VIEWABLE IN CACHED OR ARCHIVED PAGES OR IF OTHER USERS HAVE COPIED OR STORED YOUR USER SUBMISSION. TO THE EXTENT THE SITE PERMITS COMMUNICATION AMONG USERS, YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OR THIRD PARTIES. POWERBAR RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS (AND OTHER THIRD PARTIES) AND TO TERMINATE YOUR ACCESS TO THE SITE IF POWERBAR DETERMINES, IN ITS SOLE DISCRETION, THAT DOING SO IS PRUDENT. ANY ACTION TAKEN IN RESPONSE TO INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS OFFERED, DISCUSSED OR POSTED ON THE SITE, INCLUDING PARTICIPATION IN ANY EVENT OR ACTIVITY DISCUSSED, ADVERTISED OR PROMOTED ON THE SITE, OR ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN IN RESPONSE TO ANY SUCH INFORMATION, OPINIONS, ADVICE, OR SUGGESTIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY SUCH ACTION, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY POWERBAR IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT OR SUBMISSION POSTED VIA THE SITE, WHETHER POSTED OR CAUSED BY USERS OF THE SITE, BY POWERBAR, BY THIRD PARTIES, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. POWERBAR DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON THE SITE AND ARE NOT RESPONSIBLE FOR OFFENSIVE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT THAT MAY APPEAR ON THE SITE. POWERBAR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE POWERBAR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR A POWERBAR PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE CONTENT, OR ANY SERVICE PROGRAM OFFERED ON OR THROUGH THE SITE; (iii) POWERBAR’S, ITS DESIGNEES’, OR ANY THIRD PARTY’S USE OF ANY USER SUBMISSIONS POSTED BY YOU OR INFORMATION PROVIDED BY YOU; (iv) YOUR USE OF OR RELIANCE ON ANY USER SUBMISSION OR CONTENT ACCESSED BY YOU OR UNDER YOUR ACCOUNT; (v) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY PARTY; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE; (vii) ANY THIRD PARTY WEBSITE, SERVICE, RESOURCE, CONTENT OR APPLICATION AVAILABLE THROUGH THE SITE; (viii) YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY DISCUSSED, ADVERTISED, OR PROMOTED THROUGH THE SITE, OR (ix) ANY OTHER MATTER RELATING TO THE POWERBAR PARTIES. YOU HEREBY RELEASE AND DISCHARGE EACH OF THE POWERBAR PARTIES (AS DEFINED BELOW) FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE OR ANY CONTENT, OR THE USE BY POWERBAR OR ITS DESIGNEES OF ANY RIGHTS GRANTED BY YOU. IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATIONS OF LIABILITY ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION You agree to indemnify and hold us, our affiliated entities, and each of our respective officers, directors, employees, representatives and agents (collectively, the “PowerBar Parties”) harmless from any claim, demand, loss, liability or damages (including reasonable attorneys' fees and costs) arising out of your use of the Site, any Content, your participation in any service or program offered on or through the Site, your breach or alleged breach of these Terms of Use, any User Submission posted by you, or your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses. TERMINATION We reserve the right to terminate these Terms of Use and/or your access to the Site immediately for any or no reason, without notice or any liability to you, including if we believe that you are in breach or have breached any provision of these Terms of Use or the Code of Conduct. Any such termination will be without prejudice to any other rights that we may have against you arising from these Terms of Use. We may also discontinue availability of the Site as a whole or any portion therein at any time. Sections with respect to Ownership, User Submissions, Disclaimers, Limitation of Liabilities and Release of Liability, Indemnification, Termination, Copyright Notices, and General and any other provisions that by their nature should survive termination shall survive any termination of these Terms of Use. INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all applicable local rules and regulations regarding your online conduct. The Site is controlled and operated by our service provider from its offices within the United States. We make no representation that the Content available at or through the Site, or any other program or service offered on or through the Site is appropriate or available for use in other locations, and access to them from territories where the Content may be illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and risk. By using the Site, you expressly agree that any data you may submit will be collected and stored in servers located within the United States. GENERAL These Terms of Use and the documents and policies incorporated herein by explicit reference, constitute the entire agreement between you and us with respect to the Site and govern your use of the Site, superseding any prior agreements between you and us. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of these Terms of Use and use of the Site do not create a joint venture, partnership, employment or agency relationship between you and us. You may not assign, delegate or transfer your rights or obligations under these Terms of Use and any such prohibited assignment transfer shall be null and void. You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Los Angeles, California. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Site, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the Site. You understand and agree that no fiduciary relationship is established between you and us (or any of the other PowerBar Entities) by your use of the Site. Your use of the Site shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venturer or partner between you and PowerBar (or any of the other PowerBar Entities). MODIFICATION OF TERMS OF USE We reserve the right to modify these Terms of Use at any time and in our sole discretion by posting a change notice or new Terms of Use on the Site. IF THE MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING OR ACCESSING THE SITE.
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