Subscription User Agreement


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This Website is an online subscription service ("Service") owned and operated by Fitness and Aerobic Broadbands Services Inc. ("FABS™"). Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the "Agreement") by and between FABS and persons who elect to become subscribers to the Service (the "Subscribers").

As a Subscriber, I acknowledge that the use of this Website and/or any of the fitness videos and/or any content thereof, shall be at my sole/own risk. I further represent to FABS Inc., a Canadian corporation, that:

I have either discussed this exercise program with my physician or intentionally have not done so;

I am at least 18 years of age;

I will not allow any user under the age of 18 to engage in any of the activities set forth on any fitness video absent the prior express written consent of said persons parent or guardian;

I have read this document very carefully, and understand the contents hereof.

The Subscriber and FABS Inc., a Canadian corporation, understand that they are entering into a legally binding agreement between them, on the Terms and Agreement set forth herein, and expressly based upon the representation set forth above. As a Subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement. This Agreement may be modified or amended by FABS at any time, and changes are effective upon notice to each Subscriber. Notices by FABS to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by mail. Subscriber and FABS acknowledge that neither is under any preexisting legal duty to the other, or any existing duty to enter into this Agreement and therefore in consideration of the promises and premises set forth above, which both Subscriber and FABS acknowledge as good, valuable, and sufficient consideration, hereby agree as follows:

SUBSCRIPTION FEES:

As Subscriber to FABS, you agree that we are permitted to charge or debit, as applicable, your Payment Method, a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of FABS. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel. Visit My Account to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. Visit My Account to see the commencement date of your membership with FABS. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a member on January 31ST, your Payment Method would be billed on February 28TH. All fees and charges are non-refundable. We may charge the fees and charges in effect, or add new fees and charges from time to time, but we will give you advanced notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in you credit card validity or expiration date, you may edit your Payment Method information by clicking on the "My Membership" button, available on the FABS Website.

Until such time as this Agreement is terminated in accordance with its provisions, Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes FABS to charge Subscriber's credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service. Subscribers using pre-authorized payment to a bank account, a cheque or online cheque payment system also acknowledge that if payment is returned unpaid for "NSF" or "Insufficient Funds", the Customer is responsible for the unpaid transaction, plus a "Returned Item Fee" of $25.00 or the Maximum allowed by law will be electronically debited from the Customers bank account.

CANCELLATION:

You may cancel your Subscription to FABS™ at anytime with 5 business days notice. To cancel, click the My Membership link at the top of Member's Main Page and follow the instructions under the heading "Cancel Your Membership." We do not provide refunds or credits for any partial or monthly subscription periods.

CREDIT CARD STATUS:

Subscriber agrees to immediately inform FABS of any of the following changes in his/her/its credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to FABS of same, Subscriber will remain liable to FABS for any and all charges for unauthorized use of the Service.

USER NAME AND PASSWORD:

Upon becoming a Subscriber to the Service, FABS will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by FABS in the form of a revocable license and remain the property of FABS and constitute proprietary information and are the property of FABS. IDs and passwords are non-transferable. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, FABS will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law.

MONTHLY RENEWAL:

The one month trial membership will automatically expire at the end of the one month subscription period. The 12 month membership subscription will automatically renew itself for successive terms of one month to complete a one year subscription term provided that the member may cancel their subscription at any time by following the cancellation process outlined herein under Cancellation. For your convenience, we will bill the monthly subscription fee to the Payment Method you provide to us during registration (or to your most recent updated account information).

REFUND POLICY:

Except as otherwise provided herein, subscription fees are non-refundable. We do not provide refunds or credits for any partial or monthly subscription periods.

FEES & CHARGES:

1 Month Trial Membership: $29.99 per month

12 Month Membership: $19.99 per month

Applicable taxes apply.

EQUIPMENT:

FABS has no responsibility for supplying Subscribers with computer equipment or communications connections, fitness equipment or tools necessary to access or use the Service. Subscribers are solely responsible for these items.

BANDWIDTH:

Each account (username) is limited to no more than 60 hours (based on average class length of 40 minutes this equates to approximately 90 classes per month or 3 per day!) of streaming video content per monthly subscription period. The said period lasts from commencement date of your subscription until 12:00 midnight of the calendar day immediately preceding the day corresponding to your commencement date in the following calendar month. For example, if you became a member on January 15th, a single month of the subscription period would last until 12:00 midnight on February 14th. Should the subscriber meet their maximum bandwidth allotment within the said period, their username and password will be deactivated until such time as their account is renewed for another successive period either automatically in accordance with their term of subscription or by manual renewal by the subscriber if the said period was the only or last period of their subscription.

TERMS AND AGREEMENTS:

Subscriber hereby swears and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age (21 in jurisdictions that require that age limit) and has the legal capacity to enter into agreements of this nature. FABS makes no representation or warranty that the content published on the applicable website complies with the local laws of your jurisdiction. ALL MEMBERS ARE ADVISED TO CONSULT A PHYSICIAN AND OBTAIN A PHYSICAL EXAMINATION BEFORE THEY USE THIS WEB SITE, THE FITNESS VIDEOS AND/OR CONTENT. You agree and acknowledge that the use of this Website and/or any of the fitness videos and/or any content thereof, shall be at your sole/own risk. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service. By becoming a subscriber, you agree to and acknowledge the Privacy Policy, Terms and Conditions of Use, and the Disclaimer / Copyright Notice for Fitness and Aerobic Broadband Services Inc., all of which are incorporated into this Subscription Agreement by this reference.

FABS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. NEITHER FABS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, FABS MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

The Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.

Notices by FABS to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement. This Agreement sets forth the full and complete understanding between Subscriber and FABS with respect to its subject matter, and supersedes all prior understandings or agreements, whether written or verbal. This Agreement may be modified upon notice by FABS to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of Canada. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.

© Copyright 2008 Fitness and Aerobic Broadband Services. All Rights Reserved

REVISION: 2008-12-13