Web site operator
This site is operated by PB Sports.

Terms and Conditions
(establishing the use, disclaimers, and limitations of liability governing the use of our web site)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use this site. If you have any concerns about privacy or any other issues please send us a thorough description to terms@pbsportsnutrition.com
Or contact/write to us at:
pb
P.O.Box 1366
Mona Vale NSW 1660
Australia
Phone: +61 2 9997 6322
Fax: +61 2 9997 6422

Copyright
This site and its contents are subject to copyright. The copyright is owned by PB Sports or in the case of some material, a third party.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, using your web browser and electronically copy, download or print hard copies of parts of the material from the different areas of the site solely for your own personal, non-commercial use or to place an order with PB Sports or to purchase PB Sports products.

Any other use than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, is strictly prohibited in any form or by any means. That includes but is not limited to, to reproduce, modify, republish, distribute, display any information, products or services obtained from any part of this Web Site transmit or perform, publish or create derivate works from any part of the content of this web site or to commercialise any information, products or services obtained from any part of this Web Site.
You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited. Nothing contained in the Web Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of PB Sports or third party owner.

Disclaimer
You agree that your access to, and use of, this Web site is subject to these terms and all applicable laws, and is at your own risk.
This site and the materials and products in this site are provided to you on "as is" basis and without warranties of any kind,
whether express or implied.

The site may contain errors, faults, typographical errors and inaccuracies and may not be complete and current.

PB Sports does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

PB Sports makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Limitation of liability
PB Sports shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PB Sports has been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Neither PB Sports, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

In the event a PB Sports product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, PB Sports shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PB Sports shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PB Sports shall issue a credit to your credit card account in the amount of the incorrect price.

Viruses
PB Sports does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

PB Sports cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release PB Sports entirely of all responsibility for any consequences of its use.

Third Party Sites
This site may contain links to third party sites which have separate and independent privacy and data collection practices. PB Sports therefore has no responsibility or liability for the condition and the content, including the privacy practices, of these linked sites as they are not under PB Sports control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and any may not remain current or be maintained and do not indicate, expressly or impliedly, an endorsement, approval, recommendation or preference by PB Sports of the sites or of any information, products or services referred to and provided on those other sites unless specifically stated. PB Sports does not permit any linkages to this Web site without prior obtaining written permission from us.

Applicable Law
This site is created and controlled by PB Sports. Your use of this site is governed by, construed and enforced in accordance with the laws of NSW, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of NSW, Australia.

This site may be accessed throughout Australia and overseas. PB Sports makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

Privacy Policy
PB Sports highly values strong relationships that we have with our customers.
Please read the following policy to understand how personal information you submit during the visit to our site will be treated.

The gradual introduction of data collection technology at PB Sports is being handled with full and proper respect for the privacy rights of our customers and visitors of our web site.

The data we collect is handled sensitively, securely and with proper regard to privacy.

Personal information will not be released to persons or entities outside our organization without your consent. An exception to this is where PB Sports may be required by law to disclose certain information. Linked Web Sites are not under the control of PB Sports and we are not responsible for the conduct of companies linked to our Web Site. Before disclosing your Personal Information on any other web site we advise you to examine their terms and conditions of use.

We do not sell, rent, trade, or otherwise transfer to outside parties personally identifiable information that you voluntarily provide to us unless we receive your express consent in advance. If you place an order during your visit to our site all the information you submit during that visit will only be used so that the transaction can take place.

Any time we ask for a credit card number, we transmit that credit card number in an encrypted format. We use industry-standard software.
Unfortunately no data transmission over the Internet or any wireless network can be guaranteed to a be a 100% safe result, and as we strive to protect your personal information, PB Sports cannot ensure or warrant the security of the information you transmit to us, or from our online products or services, and you do so at your own risk. Once we receive your information transmission, we will make our best effort to ensure its security on our systems.

Changes to our policy
If we decide to change our privacy policy or any of the terms and conditions of use we will post those changes on this page. Changes will apply only to information collected after the date of the change. Those terms and conditions of use were last modified in 2004.
Term; termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. Any of these terms and conditions may be terminated by PB Sports without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
PB Sports may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by Australia Post to your address on record in PB Sports's account information.

Use of site
Harassment in any manner or form on the site, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including a PB Sports or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

A special note to parents.
We realize that many children will visit our site, and we therefore encourage children to consult with their parents before submitting any information to any web site, including ours. However, we believe that it is ultimately the parent's responsibility to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing their name, address, and other personal information online without parental permission.
By using our web site, you consent to our privacy policy.

Indemnification
You agree to indemnify, defend, and hold harmless PB Sports, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

GENERAL
In this Web Site:
"third party (web) sites" means web sites of persons or entities other than PB Sports which are hyperlinked from this Web Site.
"personal information" means any information from which your identity is apparent or can be reasonably be ascertained.
"web site" "site" means the whole or any part of the web pages located at www.pbsportsnutrition.com
(including the lay-out of this Web Site, individual elements of the web site design, underlying code elements of this Web Site, or text, sounds, graphics, animated elements or any other content of this Web Site.)
"We" and "us" refer to PB Sports, and "our" has the same meaning.

These Terms and Conditions of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
Nothing contained in these Terms of Use derogates from PB Sports right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by PB Sports with respect to that use.

© 2005 PB Sports. All rights reserved. Not to be reproduced without consent.