TERMS AND CONDITIONS
By accessing this Site, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this Agreement in their entirety without limitation or qualification as well as all applicable laws and regulations. If you do not agree to be bound by the terms and conditions of this Agreement and to follow all applicable laws, do not access or use this Site or purchase Products.
This Agreement contains an agreement to arbitrate, under which: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
THIS SITE INCLUDES NUTRITIONAL INFORMATION AND THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS DIETARY OR MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY A MEDICAL PROFESSIONAL, SUCH AS A NUTRITIONIST OR DIETITIAN.
YOU SHOULD SEEK THE ADVICE OF A MEDICAL PROFESSIONAL BEFORE STARTING ANY DIETARY PROGRAM TO ENSURE IT IS SUITABLE FOR YOUR SPECIFIC DIETARY NEEDS. WE DO NOT SUGGEST OR REPRESENT THAT ANY OF OUR PRODUCTS HAVE BEEN APPROVED FOR YOUR INDIVIDUAL USE BY A MEDICAL PROFESSIONAL.
ON BEHALF OF YOUR EXECUTORS, ADMINISTRATORS, HEIRS, NEXT OF KIN, SUCCESSORS, AND ASSIGNS, YOU HEREBY: (A) WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL LIABILITY FOR YOUR DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO YOU, THE FOLLOWING ENTITIES OR PERSONS:FLEX, LLC, ITS AFFILIATED ENTITIES, ITS AND THEIR DIRECT AND INDIRECT OWNERS, AND EACH OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS; AND (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE ENTITIES OR PERSONS MENTIONED ABOVE FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR USE OF THIS SITE OR OUR PRODUCTS. THIS RELEASE SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
By clicking “I accept,” otherwise electronically consenting to use the SITE, or accessing or using the Site or purchasing any Product:
You acknowledge that you’ve read, understood, and accept the terms in this Agreement and any additional documents or policies referred to in or incorporated into this Agreement;
If the terms in this Agreement have materially changed since you last accessed or used the Site or purchased a Product, you acknowledge and agree that your continued access or use of the Site constitutes your acceptance of the changed terms; and
You consent to receive communications, including text or SMS messages as described below, from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
1. License Grant
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, non-transferable, license to access the Site solely for your own use. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.
This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (collectively, the “Content”) on the Site, except as follows:
• You may temporarily store copies of such Content on your computer incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes; and
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
• Modify copies of any Content on this Site;
• Use any Content on the Site separately from the accompanying text; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from this Site.
If you wish to make any use of the Content other than that set out in this section, please address your request to the contact information provided below.
2. Restrictions on License Grant
Your use of the Site is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Site other than as provided herein. You acknowledge that the Site constitutes a valuable asset of ours. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
(a) You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Site or the Content or use the Site to run, or as part of, a service bureau, outsourced, or managed services arrangement;
(b) You shall not copy, reproduce, republish, upload, post, transmit or distribute the Site or the Content in any way;
(c) You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Site or the Content;
(d) You shall not knowingly or negligently permit other individuals or entities to use or copy the Site, or create Internet “links” to the Site or “frame” or “mirror” the Site on any other server or wireless or Internet-based device;
(e) You shall not access the Site for any reason, including without limitation, in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Site, (iii) copy any ideas, features, functions or graphics of the Site, (iv) monitor its availability, performance or functionality, or (v) for any benchmarking or competitive purposes;
(f) You shall not attempt to use or gain unauthorized access to our data, accounts, hosts, systems or networks or any of our customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
(g) You shall not attempt to probe, scan or test the vulnerability of a system, account or network of ours or any of our customers or suppliers;
(h) You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software which operates the Site;
(i) You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to us or the Site, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
(j) You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Site (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
(k) You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Site or any of our (or our suppliers’) host, server, backbone network, node or service, or otherwise cause a performance degradation to any of our (or of our suppliers’) facilities used to deliver the Site; and
(l) You shall not create or use any program, tags, markers, bots, mousetraps, hijackers or other similar computer routines or sub-routines to automatically access or manipulate the Site.
Because of the difficulty associated with quantifying damages, in addition to any other damages to which we may be entitled, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of $250 for each violation of this Section or the maximum liquidated damages permitted under law, whichever is greater; and you agree to pay us actual damages, to the extent such actual damages can be reasonably calculated.
3. Intellectual Property Ownership
All right, title and interest in the Site and the Content, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to us or our licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, the Content or the Materials, in whole or in part. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and we own a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Content, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause us and our licensors irreparable injury, which may not be remedied at law, and you agree that our and our licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The names Protein Cookie Butter and other common law or registered trademarks used on this Site by us, along with their associated logos, related names, design marks, product names and feature names are our trademarks and may not be used, copied or imitated, in whole or in part, without our express prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes our service mark, trademark and/or trade dress and may not be copied imitated or used, in whole or in part, without our express prior written permission.
5. Account Access
If use of all or any part of the Site is contingent on you and your users accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Site) to log-in to the password protected Site. If non-authorized individuals have access to your systems or to your users’ user-id and password, they may be able to use the Site. You shall keep any correspondence you receive relating to or through the use of the Site (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.
6. Reviews, Comments and Postings
Any product review, post or, e-mail in regard to a product or a review are considered non- confidential and non-proprietary and we have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. All submissions shall automatically become our sole and exclusive property and shall not be returned to you. We also reserve the right to delete, edit or suspend any comment, review or post.
7. Prohibited Content
You acknowledge and agree to not post any prohibited content through the Site. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
8. Term and Termination
(a) Term. These User Terms begin on the day you click “I accept” or otherwise indicate your assent and continue until one party terminates this Agreement pursuant to the below subsection (b) or (c) (the “Term”).
(b) Termination by You. You may terminate these User Terms at any time by discontinuing your use of the Site.
(c) Termination by Us. We may close your Account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind.
(d) Survival. All provisions of this Agreement survive termination, including without limitation the limitations of liability.
9. Age Restriction
You may not use the Site or purchase Products if you are under thirteen (13) years of age. If you use the Site and purchase Products and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using the Site or purchasing Products, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use the Site and/or purchase Products, or are of adult age in your jurisdiction. By using the Site or purchasing Products, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Site.
10. Messaging Terms & Conditions
We offer a mobile messaging program (the “Program”), which you agree to use and participate in subject to this Agreement. By opting into or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Governing Law and Arbitration” section below. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.
User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description. Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.
Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which our messages are sent.