Meal Replacement with Fabuless™

Terms of Use

Use of this website is subject to express terms of use. By accessing, browsing or using this website, you agree to be bound by these terms of use.

Carefully read the following terms of use before proceeding with accessing, browsing, or using this website. If you do not agree to these terms of use, you must exit this website.

This website ("the Site") is owned and operated by CytoSport™, Inc. CytoSport™, Inc. may revise these Terms of Use at any time by updating this posting. You are bound by the current Terms of Use, thus you should carefully review the Terms of Use each time you access the Site.

LICENSE AND WEBSITE ACCESS.

CytoSport™, Inc. hereby grants you a limited, revocable and nonexclusive license to access and make personal use of the Site (the "License"). Under the License, you may download or make, for your own personal, non-commercial use, a limited number of copies of material posted on the Site provided that you retain and keep intact all copyright, trademarks, service mark and other proprietary notices. The License does not, however, include the right to: any resale, distribution or commercial use of the Site or its contents; any modification of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site (or any portion thereof) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent from CytoSport™, Inc. You may not assign or sublicense the License granted in these Terms of Use.

COPYRIGHT, TRADEMARKS & TRADE DRESS.

All content included on the Site, the compilation of all content on the Site and all software used on the Site are the property of CytoSport™, Inc. or its content suppliers, and are protected by U.S. and international copyright laws. Furthermore, marks so indicated on the Site and other CytoSport™, Inc. graphics, logos, images, page headers and titles, button icons, scripts and trade and service names, are trademarks and/or trade dress of CytoSport™, Inc. in the U.S. and other countries.

Except as provided in the "License and Website Access" section above, unless you receive CytoSport™, Inc's. prior express written consent, you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the Site, including the content and/or software on the Site; (2) make any use of CytoSport™, Inc trademarks and/or trade dress; (3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of CytoSport™, Inc.; or (4) use any metatags or any other "hidden text" utilizing CytoSport™, Inc's. name or trademarks. Permission requests may be sent to: customerservice@cytosport.com.

CytoSport™, Inc. makes no representations concerning, and assumes no liability for, the infringing or non-infringing nature of any trademarks which appear on the Site but are not owned by CytoSport™, Inc.

DISCLAIMER.

CYTOSPORT™, INC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION ON THE SITE.

THE INFORMATION PROVIDED THROUGH THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE SITE DOES NOT OFFER MEDICAL ADVICE, AND THE INFORMATION ON THE SITE DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE. INFORMATION RECEIVED FROM THE SITE SHOULD NOT BE RELIED UPON FOR MEDICAL DECISIONS, AND YOU SHOULD SEEK THE ADVICE OF A DOCTOR OR APPROPRIATE PROFESSIONAL IN MAKING ANY SUCH DECISIONS.

INFORMATION RECEIVED THROUGH THE SITE OR THROUGH LINKS TO OTHER WEBSITES, AS WELL AS ANY GIFTS OR PRIZES THAT CYTOSPORT™, INC. MAY PROVIDE AS REWARDS FOR USING THE SITE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT UNDER APPLICABLE LAW. CYTOSPORT™, INC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE.

LIMITATION OF LIABILITY.

IN NO EVENT WILL CYTOSPORT, INC™ BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR INFORMATION ON THE SITE, OR THAT RESULT FROM ANY GIFTS OR PRIZES PROVIDED BY CYTOSPORT™, INC., EVEN IF CYTOSPORT™, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE ON INFORMATION OR VIEWS CONVEYED THROUGH THE SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CYTOSPORT™, INC. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY VISITOR TO THE SITE OR USER OF INFORMATION OBTAINED THROUGH THE SITE. YOU AGREE THAT CYTOSPORT™, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY THEORY OR INDEMNITY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT.

TERMINATION.

CytoSport™, Inc. may terminate the License at any time if you are in breach of these Terms of Use. The License will terminate immediately without notice from CytoSport™, Inc. if, in CytoSport™, Inc's. sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you are not permitted to access or use the Site.

BREACH.

You also hereby acknowledge that your breach of these Terms of Use may result in immediate and irreparable harm to CytoSport™, Inc., for which there will be no adequate remedy at law, and that CytoSport™, Inc. shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of these Terms of Use may also entitle CytoSport™, Inc. to bring an action against you for any and all other remedies available at law or in equity.

NO WAIVER; SEVERABILITY.

A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms of conditions of these Terms of Use. Should any provisions of these Terms of Use be found to be unenforceable, the remainder shall still be in effect.

APPLICABLE LAWS.

These Terms of Use, and the rights and obligations of you and CytoSport™, Inc. hereunder, shall be governed by, and construed in accordance with, the laws of the State of California. You further agree that any legal action or proceeding between you and CytoSport™, Inc. arising out of or relating to these Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Sacramento, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.

QUESTIONS, COMMENTS, INFRINGEMENT CONCERNS.

If you have any questions, comments or infringement concerns relating to the Site, please contact us (1) by postal mail to CytoSport™, Inc. 4795 Industrial Way Benicia, CA 94510; (2) by calling toll-free 888-298-6629; or (3) by email to customerservice@cytosport.com. Please include a detailed description of the question, comment, error or infringing information as well as your complete name and how you can be contacted.