Terms of Use

GENERAL:
Fitness Management Systems  ("Fitness Management Systems, Inc") is an interactive online health club management software company (the "Services") on the World Wide Web of the Internet (address: http://www.fitnessmanagementsystems.com) privately owned and operated by Fitness Management Systems Corporate. The Service offers users (defined herein) access to information, software, and other technology owned and licensed by Fitness Management Systems and various third parties, and services offered by Fitness Management Systems. User as described above is any person who establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the user or company and a User’s Account is not transferable. Unless authorized by Fitness Management Systems, a user may not be an individual who is under the age of sixteen and may be a partnership, firm, or other similarly described business institution. Fitness Management Systems provides its service to you, subject to the following Terms and Conditions of Use. By registering as a user and using the Service, you hereby accept and agree to comply with this Agreement. Except as expressly permitted by Fitness Management Systems in this Agreement, no portion of the Service (including and information, content, or software other than the software used solely in connection with User’s Account) may be downloaded, redistributed, reproduced, retransmitted, re-published, resold or otherwise commercially exploited by any Fitness Management Systems user.

DESCRIPTION OF SERVICE:
Fitness Management Systems offers unique and exclusive services and content. Any new features that enhance the Service, including the release of new products and services shall also be subject to this Agreement. You fully understand and agree that the Service is provided "AS-IS" and Fitness Management Systems assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communication personalized settings.

DISCLAIMERS AND LIMITATION OF LIABILITY:
THE USER AGREES THAT THE USE OF THE SERVICE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE AND SITE IS AT THE USER’S SOLE RISK. NEITHER FITNESS MANAGEMENT SYSTEMS, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, LICENSORS WARRANT THAT THE SERVICE WILL ALWAYS BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DOES FITNESS MANAGEMENT SYSTEMS OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION, SOFTWARE, SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.

FITNESS MANAGEMENT SYSTEMS MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS; (D) THIS WEB SITE, ITS CONTENT, AND THE DEDICATED SERVER ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND FITNESS MANAGEMENT SYSTEMS HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED AND PROVIDED BY FITNESS MANAGEMENT SYSTEMS OR BY THIRD PARTIES. DUE TO THE NUMBER OR SOURCES FROM WHICH THE CONTENT IN AND ON THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOUR FOR ANY PURPOSE.

INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NEITHER ADOPTED NOR ENDORSED BY FITNESS MANAGEMENT SYSTEMS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

THE USERS’ SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE USER’S ACCOUNT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FITNESS MANAGEMENT SYSTEMS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FITNESS MANAGEMENT SYSTEMS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE (E) ANY OTHER MATTER RELATING TO THIS SERVICE.

SOME STATES DO NOT AND WILL NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

INDEMNIFICATION:
You agree to defend, indemnify and hold harmless Fitness Management Systems, its affiliates and Content Providers and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable attorneys’ fees, arising out of the User’s use of the Service or the User’s Account.

SERVICE CONTENT:
Fitness Management Systems contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by this Agreement, the User may not copy, reproduce, re-publish, retransmit or redistributed copyrighted materials, in whole or in part, in any manner, with the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User’s own personal use, provided the User preserves any copyright or other notices contained in or associated with them. Fitness Management Systems shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Fitness Management Systems spokesperson. Content Providers, Users, Guests, Service Advertisers, independent writers and experts are not authorized Fitness Management Systems spokespersons. At no point should the opinions, views, advice or statements provided by Content Providers, Users, Guests, Service Advertisers, independent writers and experts be relied upon for important personal decisions without independent verification.

LINKS:
Fitness Management Systems may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fitness Management Systems has no control over such sites and resources, you acknowledge and agree that Fitness Management Systems is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fitness Management Systems 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

TERMINATION:
Either Fitness Management Systems or the User may eliminate/terminate this Agreement and the User’s Account at any time, with or without cause. In the event the User is dissatisfied with the Service for any reason, their only available remedy is to terminate their Account by contacting Fitness Management Systems pursuant to this Agreement. Fitness Management Systems may suspend, discontinue or halt a User’s account without notice, in the event of any breach by the User of this Agreement or for other conduct by the User which Fitness Management Systems , in its sole discretion, considers to be unacceptable. Discontinuation or suspension of a User’s Account means that the service will no longer be accessible to the User. Fitness Management Systems shall not be held responsible for any consequences of such lack of access. The provisions of this Agreement will survive the termination of the Agreement or the User’s Account whether by the User or

PRIVACY:
Fitness Management Systems will not otherwise use or disclose your personal or company information without your consent except (a) as described in the privacy policy that may be accessed here; or (b) as required by law, court order or as requested by other government or law enforcement authority. The privacy policy does not protect information you post to any on-line bulletin board, chat room, newsgroup or other public forum made available on our Web sites.

RESTRICTIONS:
You may not use Fitness Management Systems sites or their content for any illegal purpose or in any manner inconsistent with these Terms. You agree to use Fitness Management Systems sites solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity

ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service constitute the entire agreement between you the User and Fitness Management Systems and fully govern your use of the Service.

CHOICE OF LAW AND FORUM:
This Agreement will be governed by Massachusetts law. Any dispute arising out of the terms of this Agreement or otherwise will be governed by Massachusetts and you agree to personal jurisdiction in the state and federal courts sitting in Boston, Massachusetts. The parties hereby expressly waive trial by jury in any action proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of and any way connected with these Terms and agree to submit to binding arbitration.