Introduction

This Internet site (“web site”) is owned and operated by System 5 Enterprises, LLC. (“We/Us”) a San Jose based Limited Liability Company.  Your access to the web site, and the tools, products and services that we offer to the public, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this Terms of Use Agreement (“Agreement”) and all rules, guidelines and policies published by us on our web site or elsewhere, (known collectively as “Terms of Use” as we incorporate our rules, guidelines and policies as published on our web site as if fully set forth herein). Your use of any tool or service that we provide serves as your express agreement to be bound by each and every term and condition of this Agreement. We reserve the right to amend the Terms of Use and this Terms of Use Agreement at any time without prior notice to you.  Please periodically review this Agreement so that you may keep updated as to any changes we make within the structure of this Agreement.PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ORDERING, ACCESSING OR USING THE SITE.

BY ORDERING, ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND ARE BECOMING A PARTY TO THIS AGREEMENT.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

This Membership Agreement (“Agreement”) by and between you, the contracting party entered above, (“You”) and us is effective as of the date you order and join any service, including trials.

1. PRODUCT WARRANTIES SUBSCRIPTIONS

System 5™ comes with a full 100% money back, 1-year guarantee.  If for any reason System 5™ is found by you to not be as advertised, you may request a full refund. All purchasers of System 5™ shall obtain, at no extra charge, a free 3-month membership into the Inner Circle Mentoring program.  At the end of the 3-month free membership program, Inner Circle Mentoring program members will be automatically charged the normal monthly membership fee until and unless the subscriber cancels the membership.  The current membership monthly fee is $197.00 per month, but we reserve the right to alter this fee with advance notice to you by your last known email address.To cancel service, send an email to Support@System-5-Online.com with the subject line “CANCEL MEMBERSHIP.” You may terminate service at any time without paying any early termination fee.Even if you cancel service, you must pay all service and usage charges incurred prior to cancellation.Members who terminate before the end of their billing cycle (30 days for monthly memberships, 365 days for annual memberships) will be charged for the entire cycle without pro ration. In other words, there are NO PARTIAL CYCLE REFUNDS. Applicable taxes, assessments and other fees and charges are additional.

We may terminate a member’s account for non-payment or for violation of the terms of this Agreement and Conditions of Use and Service.

It is at our sole discretion to allow a member who has cancelled service to rejoin.

From time to time, we may offer promotional discounts as incentives to join in which case the amount a member pays for the first month or for monthly service may be less than stated above. We may also offer a trial period for a nominal amount prior to beginning a regular monthly subscription.

In the event we do offer a free trial or nominal fee trial, each customer (individual or business) is allowed ONLY ONE trial.

Platinum Inner Circle Mentoring Program

We may offer 15 months access to our Inner Circle Mentoring Program, a $2,955 value for the price of $997 during our sign up process, referred to as our Platinum Inner Circle Mentoring Program.  This special discount program is available only during our initial registration process.  Included in the package is one hour of personal coaching over the telephone regarding any topic regarding business development as requested by the purchaser, limited to reasonable and normal topics in our business space.  This hour of coaching must be used within 12 months of date of purchase. All other features of the Inner Circle Mentoring Program are provided at no extra cost during the 15-month term of this offer.  After the termination of the 15-month term, the normal monthly rate of $197 shall apply and will be billed against the member’s credit card unless the service is cancelled by the member. All cancellation rules herein listed apply.  There are no refunds for this Add On program.

Million-Dollar Fitness Marketing Mastery Series

The System 5™ Million-Dollar Fitness Marketing Mastery Series is a 12-month continuity program. This program is offered month-to-month, and as such there are no refunds allowed. However, if you wish to cancel your subscription, you may do so at any time by emailing us at Support@System-5-Online.com with the  subject line: “CANCEL MEMBERSHIP”. You may terminate service at any time without paying any early termination fee. However no refunds or partial refunds will be given for any months prior to cancellation of entry into the Million-Dollar Fitness Marketing Mastery Series. If member decides upon checkout to upgrade to the hard copy version of the series, member will pay an additional monthly fee (agreed upon at checkout through a “Add To Cart” button) for the delivery of a physical copy of that month’s training. This program is offered month-to-month, and as such there are no refunds allowed. However, if you wish to cancel your subscription, you may do so at any time by emailing us at Support@System-5-Online.com with the  subject line: “CANCEL MEMBERSHIP”.You may terminate service at any time without paying any early termination fee.

Members who terminate their membership before the end of their billing cycle for the Million-Dollar Fitness Marketing Mastery Series or the upgrade to the physical copy (30 days for monthly memberships, 365 days for annual memberships) will be charged for the entire cycle without pro ration. In other words, there are NO PARTIAL CYCLE REFUNDS. Applicable taxes, assessments and other fees and charges are additional.

We may terminate a member’s account for non-payment or for violation of the terms of this Agreement and Conditions of Use and Service.

It is at our sole discretion to allow a member who has cancelled service to rejoin.

From time to time, we may offer promotional discounts as incentives to join in which case the amount a member pays for the first month or for monthly service may be less than originally advertised. We may also offer a trial period for a nominal amount prior to beginning a regular monthly subscription.

In the event we do offer a free trial or nominal fee trial, each customer (individual or business) is allowed ONLY ONE trial.

2. DISCLAIMER:

The content and other materials or related emails offered via this website is general in nature and is provided for educational purposes to help you make informed decisions about your personal training business.  The success or failure of your business will depend completely on your skills and the decisions that you make regarding your business.

3. Intellectual Property Warning

All information, text, material, graphics, software and advertisements available on or via the web site (“Content”) are Copyright © 2009 as owned by System 5 Enterprises, LLC, or its suppliers, licensors or other parties unless expressly indicated otherwise on the web site. The Content is protected by United States and international copyright, trademark laws and other intellectual property laws, restrictions, regulations and treaties.  You are not allowed to modify, copy, reproduce, republish, frame, upload to a third-party, post, transmit or distribute this Content in any way except as expressly provided for on the web site or expressly authorized in writing by System 5 Enterprises, LLC. You are disallowed from using the web site and the Content as provided in any manner or for any purpose, which is unlawful or in any manner that violates any right of System 5 Enterprises, LLC or which is prohibited by this Agreement.

WARNING: ALL CONTENT PUBLISHED OR OTHERWISE MADE AVAILABLE ON OR VIA THIS SITE ARE PROTECTED BY PROVINCE, STATE AND NATIONAL COPYRIGHT LAWS AND RELATED INTERNATIONAL TREATIES.  EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION. YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES EXCEPT IN THE MANNER AUTHORIZED BY US AND PURSUANT TO YOUR PAYMENT TO US FOR OUR PROVISION OF TOOLS AND SERVICES.

4. Disclaimer and Limitation of Liability

Various laws may confer rights and remedies on you in relation to our provision of tools and services that cannot be excluded, restricted or modified (“Inherent Legal Rights”). We do not exclude any Inherent Legal Rights but we do hereby exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Inherent Legal Rights: a) all tools, services, products, monthly subscriptions and content are provided “as is” and without warranties of any kind, either express or implied; b) We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose; c) We do not warrant that the functions, tools, services and content that we provide or your access to our web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits data, files and other information to you are free of viruses or any other harmful components; d) we do not warrant or make any representation regarding your access to, or the results of your access to, the web site (including our functions, tools and services) or any content of any nature in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, our website or any function, tool or service we provide to you.

To the fullest extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded, is limited to our return of any monies you have paid to us during the most recent thirty-day period.

5. Termination

The Agreement and the Terms of Use are effective until terminated by us, and we may terminate this Agreement and your access to our web site and our functions, tools and services at any time without prior notice to you.  In the event of termination, you are no longer authorized to access the web site, or use our functions, tools or services, but all restrictions imposed on you, licenses granted by you and all disclaimers and limitations of liability set out in this Agreement will survive the termination of this Agreement.

6. General Terms and Conditions

You agree to indemnify us for any losses, damages, fees, costs and reasonable attorney’s fees relating to any material breach of this Agreement by you.

Complaints, questions and other inquiries about our web site may be sent to us at Support@System-5-Online.com
This agreement will be governed by and construed in accordance with the laws of California.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of San Jose, California, United States of America, excluding any choice of law or conflict of law provisions.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

Share and Enjoy:
  • Facebook
  • Twitter
  • Digg
  • del.icio.us
  • Google Bookmarks
  • Reddit
  • MySpace
  • StumbleUpon
  • Yahoo! Buzz
  • Technorati
  • Add to favorites
  • email