Terms Of Services

By using FitPro Magazine you agree to the following Terms of Service.

This Terms of Service Agreement provides the terms and conditions governing the use of FitProMagazine.com. You agree to use FitProMagazine.com (TM) in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

This agreement is between FitProMagazine.com (Empire Systems, Inc) and all subscribers. Unless the context requires otherwise, FitProMagazine.com (Empire Systems, Inc) and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."

I understand that FitProMagazine.com (Empire Systems, Inc), and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber irrevocably covenants, promises and agrees to indemnify FitProMagazine.com (Empire Systems, Inc). and/or their assigns and to hold FitProMagazine.com (Empire Systems, Inc). and/or their assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which

FitProMagazine.com (Empire Systems, Inc). and/or their assigns may sustain or to which FitProMagazine.com (Empire Systems, Inc). and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

PRIVACY STATEMENT: FitProMagazine.com (Empire Systems, Inc) will not rent, sell, access or in anyway use customer database information. This information will be kept strictly confidential in the highest manner possible.

Due to the nature of the technologies and Internet stability, FitProMagazine.com (Empire Systems, Inc) and/or their assigns provides, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. Subscriber hereby acknowledges that changes in the nature of the services which may be offered under this agreement which are beyond the control of FitProMagazine.com (Empire Systems, Inc) and/or their assigns do not constitute grounds for any full or partial refund of any advance fees paid.

A. Services to be Provided. We agree to provide you, directly or through our subcontractors and affiliates, with our e-commerce services.

B. Termination. We may terminate your account:

(1) If any check drafts authorized under this Agreement, are returned unpaid.; (2) if you violate our Terms Of Service Policy; (3) if you breach any term of this agreement; (4) if you violate our anti-Spam policy or (5) for any reason, at our sole discretion.

C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE FitProMagazine.com (Empire Systems, Inc), ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

While we take all reasonable precautions to ensure your database is secure and protected. You understand and agree that we are under no obligation to export, extract, retrieve or "massage" your database for you except through our EXPORT function.

D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept notifications of service changes, commercial email and similar offers presented through the FitProMagazine.com (Empire Systems, Inc) system or via email.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

You agree to indemnify and hold the owner/operator of this Site, FitProMagazine.com (Empire Systems, Inc.)  harmless from any claim resulting from your use of this service which damages any person.

E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with our cancellation policy. For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.

G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.

H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

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