TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Fusion Universe and its affiliates ("we", "us", or "Fusion) permit you to use this web site www.myproteinbars.com (this "Web Site"), subject to the following Terms of Use ("Terms"), which we may update from time to time. Please check these Terms periodically for changes. By using this site after changes have been made to these Terms, you agree to the changes. If you use any of our other services, you will also be subject to the terms and conditions that apply to such services.

1. Products, Content and Specifications

All specifications and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain descriptions of products, including without limitation product weights and measures are approximate and are provided for convenience purposes only. Fusion Universe does not guarantee that your computer will accurately display the attributes of products, including the applicable colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you covenant and agree that you will comply with all applicable laws and regulations with respect to possession, use and sale of any item purchased from this Web Site.

2. Shipping Limitations

When an order is placed, it will be shipped to the address designated by the purchaser provided such address is compliant with shipping restrictions contained on this Web Site. All shipments of purchases made on this Web Site will be shipped using a carrier. Risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

3. Copyright and Trademarks

The design of this Web Site and all text, graphics, logos, icons, screens, configurations, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by U.S. and international copyright, trademark, and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material. All software used on this site is the property of Fusion or its software suppliers and is also protected by U.S. and international copyright laws. Any use of such copyrighted material or software on this site other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition, is strictly prohibited.

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Fusion and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Fusion or such other owner.

4. Links and Content

Creating or maintaining any link from another web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another web sites without our prior written permission is prohibited.

We, or third parties, may produce automated search results or otherwise provide links to other web sites or resources. All such links are provided solely as a convenience to you. We may also provide the opportunity for third parties to submit, post, transmit or otherwise make available information, data, text, photographs, sound, graphics, video, messages, reviews or other materials ("Content") though this site. You acknowledge and agree that we are not responsible for any Content, nor for the availability of such web sites, and resources, and that we do not endorse and are not responsible, nor liable, for any such web sites or resources, nor for any Content contained therein. All Content is the sole responsibility of the person from whom such Content originated. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT REPONSIBLE OR LIABLE, DIRECTLY NOR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, SITE OR RESOURCE.

5. Disclaimers of Warranties

YOUR USE OF THIS SITE IS AT YOUR RISK. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:

(a) PRODUCTS, SERVICES AND CONTENT ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WE MAKE NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED ON THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (ii) ANY DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR YOUR ACCESS TO THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, WEB SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, WEB SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.

(d) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING, WITHOUT LIMITATION, LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(e) NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, OR EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

(f) WE MAKE NO WARRANTY REGARDING THE ACCURACY OR QUALITY OF THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

6. Limitation of Liability

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.

7. Health Related Information

The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Fusion) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. The products may contain allergens (e.g. milk, eggs, peanuts, tree nuts, fish, shellfish, soy, wheat, etc.) as ingredients of the products or the products may be processed on the same equipment that processes such allergens or in the same facility but on different equipment.

8. Information Gathering; Privacy

Your privacy is important to us. All personally identifiable information gathered by us from you in connection with your use of this site is subject to the provisions of the Fusion Privacy Policy [include link here]. We do not control, nor are we responsible for, the privacy practices of any other web sites, including those to which this site may link. Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

9. Indemnity

You agree to indemnify and hold Fusion and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: your use of the Web Site; Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another. This indemnity survives termination of these Terms of Use.

10. Termination

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

11. Domestic Use; Export Restriction

We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.

12. General

These Terms of Use constitute the entire agreement between you and us, superseding any prior agreements between you and us. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision by us. If any provision of these Terms 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 our Terms 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 use of the Web Site or our Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and the relationship between you and us will be governed by the laws of the State of Michigan without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Washtenaw County, Michigan, for any dispute arising under or relating to these Terms or your use of this site. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact us at info@myproteinbars.com.

These Terms were last updated on June 5, 2010.