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Effective Date: June 7, 2013

Thank you for visiting us at http: www.ebars.com (the "Site") which is operated by Ebars LLC, a Tennessee limited liability company ("Ebars LLC", "we", "us", or "our"). We hope you find our Site informative and enjoyable. Please read these Terms of Use carefully. By using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy, available at [insert link to privacy policy].

We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of our Site. When we change the Terms of Use we will update the Effective Date at the top of this page. Your continued use of our Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

Content and Copyright, Trademark, and Related Issues

The content, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms of Use and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms of Use, is strictly prohibited. Ebars LLC aggressively enforces its intellectual property rights. All rights not expressly granted herein are reserved. ??

Nutrition, Fitness and Well Being Information??

Certain Content presented on Site is intended to impart general nutrition, fitness and wellness information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor the Site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or Content. Using our Site is solely at your own risk.??

User Submissions

The Personal Information you submit to the Site is governed by the Privacy Policy. When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you.

You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that Ebars LLC is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Ebars LLC may sublicense its rights through multiple tiers of sublicenses. Ebars LLC, however, is under no obligation to use the User Content.

Restrictions on Use of the Site

You may not post, email or make available any Content or use this Site:

To engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate the Terms of Use, any applicable laws, regulations or generally-accepted advertising industry guidelines; in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
to interfere or attempt to interfere with the proper working of this Site or prevent others from using this Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Site, or that otherwise negatively affects other persons' ability to use this Site; in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Site or the content contained therein.

Ebars LLC will not tolerate any obscene, scandalous, profane, defamatory, or unlawful Content. Ebars LLC reserves the right to remove any Content, which we determine to be inappropriate, in our sole discretion, without notice.

Linking / Third Party Links on Our Site

Our Site may contain links to other Web sites. Ebars LLC does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and is not responsible for such Web sites' terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other sites.

In general, Ebars LLC does not object to links to our Site from third-party Web sites. However, you must abide by the following rules: ??

  • Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.??
  • Do not present the link to our Site in any way that suggests Ebars LLC or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with Ebars LLC to do so;
  • Link only to the home page of our Site; and?
  • Do not, without Ebars LLC's written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites. ??

Ebars LLC will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of Ebars LLC and its products. Ebars LLC reserves the right to cancel permission to link at any time, for any reason.

Limitation of Liability

The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.??

TO THE FULLEST EXTENT PERMITTED BY LAW, EBARS LLC AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Ebars LLC shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $100, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose. ??

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.?

Indemnification

You agree to defend, indemnify, and hold Ebars LLC, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.??

Choice of Law, Jurisdiction, and Venue

These Terms of Use and the relationship between you and Ebars LLC shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Tennessee, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SITE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN WILLIAMSON COUNTY, TENNESSEE, U.S.A. YOU AND EBARS, LLC IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

General

As used in these Terms of Use, the term "including" means "including, but not limited to." Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Ebars LLC with respect to the subject matter hereof.

Ebars LLC is based in Franklin, TN in the United States of America. Ebars LLC makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Copyright Violations??

Ebars LLC respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ebars LLC's Copyright Agent with the information specified below in the form of a "Notification of Alleged Infringement."

If you are concerned about the removal of or blocked access to your content, please provide Ebars LLC's Copyright Agent with the written information specified below in the form of a "Counter-Notification." The forms specified below are consistent with the requirements of the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).

DMCA Notification of Alleged Copyright Infringement

If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Ebars LLC's registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:

Copyright Agent?: ___________________ 354 Downs Blvd, Suite 107,
Franklin, TN 37064

copyright@ebars.com

A Notification of Alleged Infringement must be submitted in writing and include the following information:

(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

(b) Identification of the copyrighted material claimed to have been infringed.

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.

(d) Information reasonably sufficient to permit Ebars LLC to locate the material that is claimed to be infringing or to be the subject of infringing activity.

(e) Information reasonably sufficient to permit Ebars LLC to contact you, such as a physical address, email address, and telephone number.

(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Counter-Notification

If you elect to send us a Counter-Notification, please send an email or letter to Ebars LLC's registered Copyright Agent at the email or mailing address below:

Copyright Agent?: ___________________

354 Downs Blvd, Suite 107,

Franklin, TN 37064

copyright@ebars.com

A Counter-Notification must be submitted in writing and include the following information:

(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Williamson, State of Tennessee and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

Contact Us?

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our "Contact Us" form or via U.S. mail to: Ebars LLC, 354 Downs Blvd, Suite 107, Franklin, TN 37064