Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY THAT GOVERN YOUR USE AND PURCHASE OF PRODUCTS FROM THE PROSPORT NUTRITION WEBSITE. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
 

Acceptance of Terms:
Following are all the terms of agreement between you and ProSport Nutrition (www.prosportnutrition.net). By browsing, accessing, and/or using this Site, you acknowledge that you have read, understood, and agree, to these terms and to comply with all applicable regulations and laws, including U.S. export control laws and regulations. If you cannot agree to these terms, please do not use this Site. The content on this Site is protected by law, including, but not limited to, United States Copyright Law. This Site is managed and operated by ProSport Nutrition (www.prosportnutrition.net) from its offices within the United States. ProSport Nutrition makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable laws. 


 

Use of Website:
You agree to use the Website for lawful purposes. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law. You agree that ProSport Nutrition may in its sole discretion terminate your access to our Website, without notice, if we believe you have in any way violated our Terms of Use.



Copyright Notice:
The copyright for all material provided on this website is owned by ProSport Nutrition, LLC (www.prosportnutrition.net). All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Website is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. ProSport Nutrition authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from this Website in frames on another website without ProSport Nutrition express written permission) is prohibited.This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without ProSport Nutrition permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations. 


Intellectual Property 
The Sites and all of their contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of ProSport Nutrition, LLC.


Limited Use Right 
The viewing, printing or downloading of any content, graphic, form, or document from the Sites grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Sites. Illegal and/or unauthorized uses of the Sites, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Sites other than for your personal use; and unauthorized framing or linking to the Sites will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress. 


 

Modifications: 
We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Website and/or any or all features, products, prices of products, services or information appearing on or available through any or all of the Website with or without notice to you. You agree that we shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.


 

Health Notice:
The information contained in the ProSport Nutrition (www.prosportnutrition.net) 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 the site 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.


Sale Of Products:
You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites of others are subject to the terms and conditions of such other parties and their websites, and ProSport Nutrition shall have no liability or responsibility for them.

 

User Feedback and Submissions:
Any ideas, messages, suggestions, or concepts that are submitted shall become, and remain, the property of ProSport Nutrition www.prosportnutrition.net. You agree that any submissions may be used in whole or in part by www.prosportnutrition.net or any of its affiliates for any purpose including reproduction, transmission, publication, and posting. You additionally agree that www.prosportnutrition.net use any ideas, concepts, techniques, or knowledge contained in any communication you send to this www.prosportnutrition.net for any purpose what so ever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material.


ProSport Commucication
You agree that Prosport Nutrition may send electronic mail to you for the sole purpose of advising you of changes, product specials or additions to this Site, about any of ProSport Nutrition product(s) or services, or for such other purpose(s).


 

Links To Other Sites
Our Website may provides links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that ProSport Nutrition is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ProSport Nutrition shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk..


DISCLAIMER OF WARRANTIES


DISCALIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT PROSPORT NUTRITION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.


 

LIMITATION OF LIABILITY
YOU AGREE THAT PROSPORT NUTRITION AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF PROSPORT NUTRITION OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE THAT PROSPORT NUTRITION AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


 

DOMESTIC USE & EXPORT RESTRICTION
We control the Website from our offices within the United States of America . We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website 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 Website may be downloaded in violation of United States law.


 

INDEMNITY
You agree to defend, indemnify, and hold harmless ProSport Nutrition, its officers, directors, employees, and agents, from and against any claims, damages, costs and expenses including attorneys’ fees, arising from or related to your use of the Site. ProSport Nutrition shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. 


 

CHOICE OF LAW
You agree that any issue or dispute arising out of or in connection with your use of our Sites, intellectual property, the Terms of Use, the Privacy Statement, or any matter concerning ProSport Nutrition shall be governed by the laws of the United States and the State of Texas. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the State of Texas. If any provision of the Terms of Use and Privacy Statement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use and Privacy Statement, which shall remain in full force and effect. By using the Site, you agree to comply with all applicable laws and regulations of the United States The material provided on the Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. ProSport Nutrition makes no representation that materials contained in the Sited are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Sited from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. 


GENERAL
These Terms of Use and our Privacy Policy constitute the entire agreement between you and ProSport Nutrition with respect to the Website; provided, however, that certain provisions of these Terms of Use may be superceded by expressly designated legal notices or terms which may be located on particular pages on the Website. 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 by us. 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 our Terms of Use remain in full force and effect. Your 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 Website or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


 

INACCURACY
From time to time there may be information on ProSport Nutrition website www.prosportnutition.net that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. 


Miscellaneous 
Unless otherwise specified and except to the extent ProSport Nutrition product(s) are offered for sale in the United States through this Site, this Site and the Contents there of are displayed solely for the purpose of promoting ProSport Nutrition products and services available in the United States and select foreign markets. This Site is controlled and operated by ProSport Nutrition from its offices in Houston, TX.


 

Termination
This Agreement is effective unless and until terminated by either you or ProSport Nutrition. You may terminate this Agreement at any time. ProSport Nutrition also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in ProSport Nutrition sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ProSport Nutrition, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise


 

Copyright and Trademark Notices 
All contents of the Site are: Copyright © 2008 ProSport Nutrition, LLC. All rights reserved.


ProSport Nutrition Manufactures OCTANE Energy Drinkā„¢, The ULTIMATE Healthy All-In-One Energy and Sports Performance Drink Mix
Innovative Healthy Nutritional Products
For Optimal Health and Performance

ProSport Nutrition
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Made in the USA

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