AMSOnline Essentials Bundle Terms of Service
Welcome to AMSOnline Management Solutions, the best, most powerful web-based school management software in the martial arts! This package also includes the AMSnews Online, the most effective online package of marketing, management, and instructional materials for your Martial Arts school, and any options selected in the Options Addendum on the associated AMSonline Solutions Agreement. This service includes a unique USER NAME and PASSWORD, access to our AMSonline software (henceforth known as "AMSONLINE"), access to our Online Materials, a website through AMSweb, telephone consultations with our expert marketing consultants, and any other optional services and/or products selected in the Options Addendum that may be available from time to time. By registering, the individual or the organization becomes the Subscriber in the registration process will be assigned a unique USER NAME and PASSWORD, and its authorized members ("Members") will have access to our AMSONLINE interactive applications and our other services as described in these Terms of Service. Amerinational Management Services, Inc. (“AMS”) provides services to the Subscriber and its Members expressly subject to these Terms of Service, which we may update at any time with or without notice. The Subscriber and its Members can review the current version at http://www.ourams.com/amsonlineessentialstos/. THESE TERMS GIVE THE SUBSCRIBER, ITS MEMBERS AND AMS CERTAIN RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE TO THESE TERMS, THE SUBSCRIBER'S OR MEMBER'S FAILURE TO PROMPTLY DISCONTINUE USE OF THE SITE AND SERVICES WILL BE DEEMED TO INDICATE ITS ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH CHANGES. BY COMPLETING THE REGISTRATION PROCESS OR FORM AND CLICKING THE "I AGREE" BUTTON, THE SUBSCRIBER AND EACH MEMBER: (A) MAKE THE REPRESENTATIONS IN SECTION 16, (B) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ANY SUCH CHANGED PROVISIONS, WITHOUT LIMITATION OR QUALIFICATION, (C) AGREE TO REGULARLY REVIEW THESE TERMS TO ENSURE THAT THEY ARE INFORMED OF ALL SUCH MODIFICATIONS AND ADHERE TO THEM, AND (D) AGREE THAT IT IS THEIR SOLE RESPONSIBILITY TO ENSURE THAT THE E-MAIL ADDRESSES FOR SITE ADMINISTRATOR(S) ON THE SITE AND THE SITE REGISTRATION ARE LEGITIMATE AND CORRECT, TO PROMPTLY UPDATE ALL SUCH E-MAIL ADDRESSES, AND TO CHECK MESSAGES TO SUCH ADDRESSES FREQUENTLY IN ORDER TO TIMELY REVIEW ANY NOTICES RECEIVED FROM AMS.
- DESCRIPTION OF SERVICES; STATEMENT OF INTENDED USE AMS currently provides each Subscriber a unique USER NAME and PASSWORD and each Subscriber and its Members access to our AMSONLINE interactive applications and access to our copyrighted marketing, management, and instructional ideas and materials in electronic format through the internet (hereinafter “Online Materials”), a website through AMSWeb, telephone consultations, plus any products and/or services selected on the Options Addendum and made available from time to time (collectively, the "Services"). The Services, all information, products and services contained or described in the Services or any Linked Sites, and the USER NAME may be accessed and used solely by the Subscriber and his/her staff. AMS may at any time Terminate the Services or any feature, or the Subscriber's or its Members' access as provided in Sections 4 and 5 hereof. All changes to the Services will be subject to these Terms.
- REGISTRATION; BILLING INFORMATION; SITE ADMINISTRATOR To establish an AMSONLINE Site and receive access to the Online Materials, the Subscriber must complete the registration process. To become a Member, an individual must be specifically identified to the Subscriber, obtain its specific permission to access the same, and be entered into the system by a Site Administrator. The Subscriber and its Members must provide accurate and complete information upon Site registration contained in the registration form (the "Registration Information") as well as accurate and complete Subscriber information on the billing form, and promptly update the Registration and Billing Information so that it is always accurate and complete. The person who completes the Subscriber Information registration is the initial Site Administrator for the Site, and exercises certain options to initially determine the level of privacy and security for the Site. For example, s/he will determine who can access the Site and the level of privileges that Members will possess. Each Site Administrator may designate other Members as additional and/or successor Site Administrators, and is responsible for confirming that such person(s) accept such responsibility. Upon becoming a Site Administrator, each person will be deemed to agree to the obligations of a Site Administrator hereunder. All notices from AMS to the Subscriber should be passed along to the current Site Administrator(s) at the e-mail address(es) appearing on the Site. In addition, notices and information may be sent by AMS to Site Administrators and Members directly to their individual addresses. In its sole discretion, AMS will determine the timing, nature, and content of all communications with Site Administrators and Members.
- REGISTRATION CODE; PASSWORD; SECURITY
Upon registration, AMS will assign the Subscriber a USER NAME and PASSWORD. The subscriber will then have the ability to change the Password. The Site Administrator will be responsible for assigning USER NAMES and PASSWORDS to Members. However, AMS reserves the right to reject or terminate use of a USER NAME and/or PASSWORD if AMS in its sole discretion determines (a) the USER NAME and/or PASSWORD is offensive or its use violates applicable law, (b) that multiple sites have been registered by a Subscriber or its Members to avoid purchasing separate accounts for separate locations, (c) the Subscriber or its Members has selected or is using a USER NAME and/or PASSWORD with the apparent intent to impersonate another person, (d) the USER NAME and/or PASSWORD contains, may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of any party, or (e) if the USER NAME is already in use by another member. If AMS rejects or terminates use of a USER NAME and/or PASSWORD because of a violation or threatened violation of this Section 3, it may elect, at its sole discretion and without prior notice: to delete the USER NAME and/or PASSWORD, to allow the Subscriber to promptly select another acceptable USER NAME and/or PASSWORD, and/or to Terminate as provided in Section 4 hereof. The Subscriber and its Members are entirely responsible for maintaining the confidentiality of the registration code (if applicable), the USER NAMES and PASSWORDS, the Site and the information stored on the Site (collectively, the "Site Information"), and of all information that they transmit through the Services, for selecting the Members and their privileges, for any and all usage and activities that occur in connection with the registration code (if applicable), USER NAMES and PASSWORDS, Site Name, Site Information and Site, and for all Site content. The sharing of USER NAMES and/or PASSWORDS by more than one location to avoid the payment of member fees constitutes a violation of these Terms of Service.
The Subscriber will notify AMS immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security. AMS will not be liable for any failure by the Subscriber or its Members to comply with this Section 3 or any other provision of these Terms.
AMS, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, registration code, any USER NAMES and/or PASSWORDS, Site Name, registration, any part or all of the Site, and/or the Subscriber's and/or its Members' access to and use of any part or all of their personally identifiable information (collectively, "Personal Information"), Registration Information, Site Information, the Services and/or the Site, and/or their rights under these Terms (all of the foregoing rights and actions to "Terminate" or a "Termination"), all at any time, including without limitation if (a) AMS believes that the Subscriber or a Member has violated or is threatening to violate these Terms or other policy of AMS, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) AMS believes that the Subscriber or any of its Members has accessed or is attempting to access any part of the Services or Content without authorization, or the Site, or Registration, Site or Personal Information of any other Subscriber, (c) the Subscriber assigns its rights to the Site or the Site Name, (d) AMS discontinues the Services or any part thereof for any reason. AMS reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. AMS will not, however, provide any such information to any third party unless required by law or court order.
A Termination described in Section 4(a), (b), (c), or (d) may be made with or without notice and will be effective immediately. In the event of Termination, AMS may remove and/or permanently delete from its servers all of the Subscriber’s and its Members' Site Information, Registration Information and Personal Information, data, and all backup copies. AMS may (but will not be required to) remove from its servers and/or permanently delete all such Information and/or all backup copies thereof, without further notice and without any liability of AMS to the Subscriber, its Members or any third party. Notwithstanding anything in these Terms to the contrary, if AMS reasonably believes that the Subscriber or any of its Members has violated or is threatening to violate applicable law or the provisions of Section 4 (b) or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, AMS may, without any notice, refer the Subscriber and/or its Members to appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Site Information, Registration Information and/or Personal Information and/or data as otherwise provided herein. If a Subscriber or its Members are the subject of a Termination described in this Section 4, they may not re-register for or continue to use the Services in any manner or for any reason.
If the Subscriber wishes to terminate its use of the Services, it must notify AMS within thirty (30) days of the renewal date of the subscription by sending an email to:
. Any cancellation will take effect, for billing purposes, as of the last day of the one year term of the subscription. The provisions of Sections 11 and 12 will survive any Termination under Section 4 or 5 and any discontinuance.
- ACCESS TO SERVICES; SUPPORT; THIRD PARTY PROVIDERS; RIGHTS
AMS will provide the means for creating the Site. We will make commercially reasonable efforts to ensure that the quality of the service we provide is of at least prevailing industry standards, and that access to the Site is available on a 24 x 7 basis. However, although AMS will use all reasonable efforts in good faith to avoid interruption of the Service, the Subscriber acknowledges and agrees that access to the Services, Site and Site Information may be unavailable from time to time for any reason, including without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by AMS and any operators of our servers.
We offer free email and telephone support for all Subscribers in the US and Canada via our 1-800-275-1600 toll-free marketing line. International Subscribers (outside North America) must pay their own telephone charges.
To use the Services, the Subscriber and its Members must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Subscriber and its Members may access the Services and the Site only by means of the interface provided by AMS. Although the Services and Site are generally accessible worldwide, access may not be available to all persons or in all locations. AMS reserves the right to limit access to the Site or the Services by any Subscriber, Member, or person, or from any location. The Services contain links to other World Wide Web sites of AMS's other programs, it’s partners, affiliates, and providers of content or services to AMS in delivering the Services or to its Subscriber as part of the Services (collectively, "Third Party Providers") and to other resources and sites (all such sites collectively, "Linked Sites"). Such links are provided for the convenience of the Subscriber and its Members only, and are not reviewed, monitored or controlled by AMS. AMS does not endorse, is not responsible for and makes no representation or warranty concerning the reliability or availability of these Linked Sites or the accuracy, reliability, completeness or authenticity of their contents, advertising or products, and is not responsible for web casting or any transmission received from any Linked Site. Use of Linked Sites is subject to the privacy policies, terms of service and other conditions applicable to such Sites. All linking to Linked Sites is at the sole risk of the Subscriber and its Members. Any concerns regarding any Linked Site or its content, products or services should be directed to the administrator or webmaster of such Linked Site. All materials published by AMS and its Third Party Providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any Linked Sites (collectively, the "Content") are the property of or controlled by AMS or the party credited as the provider of the Content.
The Subscriber and its Members will respect all proprietary rights of AMS and its Third Party Providers in and to the Content, Site Name, Services, and Site, any products or other services obtained therefrom.
All fees are payable in US dollars. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (Subscriber).
During completion of the site subscription, the Site Administrator is designated as the responsible contact for purposes of billing and payment. Site Administrators are not necessarily personally liable for the site fees, nor are individual site members. The obligation to pay fees rests with the Subscriber. The Site Administrator may, however, elect to furnish a personal credit card for the purpose of paying site fees in which case the furnishing of such information is considered his/her authorization for AMS to use the card for any payments related to the site. The Site Administrator may be changed directly through the site.
The AMSONLINE Gold Package is provided on a subscription basis for terms of one (1) year, paid in monthly installments. Such subscription charges entitle the Subscriber and its Members to the AMSONLINE and to the Online Materials. This agreement shall begin on the date of submission and shall continue in effect for one (1) year, and shall be automatically renewed every year for one additional one (1) year term, unless either party advises the other of non-renewal in writing within thirty (30) days of the renewal date.
Subscribers and their Members agree that should subscription charges not be paid in a timely manner, AMS may, in its sole discretion, discontinue service until such time as the payments are brought current. However, non-payment shall in no way relieve the Subscriber of his/her responsibility to pay for the full term of the subscription.
The Monthly Subscription Fees are charged in accordance with AMS's published prices at the time of initial subscription to the service, and may, from time to time, be available at special discount or promotional rates. Fees may be subject to increases on the anniversary of submission.
Fees may be prorated for a partial month of the first calendar month of service. Regular billing will begin on or about the tenth (10th) day of the calendar month after the creation of the site. Fees will be assessed as of the billing date, generally on or about the tenth calendar day of each month. Pending Members and Guest access is not counted in determining Membership for billing purposes. It is the responsibility of the Site Administrator(s) to monitor and update their site membership. AMS will not be responsible for deleting site member records, nor will it do so if requested. Deletion of member records must be done by a Site Administrator. Subscription fees are billable to the person designated as the Subscriber as indicated in the Subscriber Information record, which may be updated by telephone at 1-800-275-1600, by fax at (407) 896-1392, by e-mail to . It is the Subscriber's responsibility to ensure that the Site Administrator information is complete and accurate at all times. Only a Subscriber may subscribe to the AMSONLINE, and only a Subscriber may cancel a site subscription within thirty (30) days of the renewal date of the subscription. Cancellation may be made by the Subscriber through an e-mail instruction. Cancellation requests must be addressed to . Any cancellation will take effect, for billing purposes, as of the last day of the one year term of the subscription. Upon receipt of a valid cancellation request, AMS may deactivate the Site at any time. AMS may terminate this agreement for any or no reason with thirty (30) days written notification to the School. The Subscriber understands that once this agreement is cancelled, s/he shall no longer have access to current or past Online Materials. The Subscriber also agrees that the information, training and experience gained through the AMSnews Online and/or printed materials are extremely valuable. Upon terminating this Agreement, the Subscriber and his/her staff members shall have no claim to moneys already paid, shall have no right to continue to use the current or past Online Materials.
AMS reserves the right to increase the fees it charges for access by the Subscriber and its Members to the AMSONLINE on the anniversary of submission, provided, however, that AMS will provide no less than thirty (30) days advance notice to the Subscriber of its intention to do so.
Neither the Subscriber, nor its Affiliates may sublicense the AMSONLINE, or create branded sites for persons other than itself or its Affiliates.
Fees for other services, including but not limited to extra disk storage, e-mail storage and SSL security may also be available for additional charges in accordance with the prices in effect at the time of purchase, or renewal.
- STORAGE AND FILE DOWNLOAD/BANDWIDTH LIMITATIONS Free storage space for the Subscriber is currently limited to 250 MB, and it may be impossible to store some data or information at the Site due to space constraints. The Subscriber agrees that AMS is not responsible or liable for any insufficient storage capacity or the deletion or failure to store data or information. AMS reserves the right to limit the file download and/or bandwidth capacity of any or all sites in its sole discretion if it deems such limitation to be in the best interests of the operating performance across all sites.
- PRIVACY AMS respects the privacy of its Subscriber and Members. Please read our Privacy Statement at http://www.amsonlinesms.com/privacy , which forms part of these Terms.
- a. upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any Site Information, Content or other information (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, objectionable or libelous, or promotes such activity; (ii) that (or the transmission, distribution, publication or dissemination of which) infringes any patent, trademark, trade secret, copyright, or other rights or proprietary rights of any party, violates any contractual or fiduciary relationships (such as inside, proprietary or confidential information); (iii) that is harmful to minors; or (iv) that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices, any other harmful or disruptive program, or any warez, cracks, hacks, associated utilities or other piracy related information;
b. provide inaccurate, incomplete, outdated or misleading Registration Information or e-mail addresses, create a false identity or manipulate identifiers to mislead or to disguise the origin of any information stored on the Site or transmitted through the Services, or impersonate or otherwise misrepresent any affiliation with any person or entity;
c. modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new or derivative works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Services, Site Name, or any Content, or any products or other services (including software) obtained therefrom, or permit access to the same by any unauthorized person or entity, except those expressly provided for use and distribution;
d. interfere with or disrupt any links or click-through URLs provided through the Services, or servers or networks connected to the Services, or violate the regulations, policies or procedures of such servers or networks, or interfere with another Subscriber's or Member's use and enjoyment of the Services;
e. attempt to gain unauthorized access to the Services, Content, other Sites, Registration Information, Site Information or Personal Information, or other computer systems, servers or networks connected to the Services; or
- BACKUP AMS regularly backs up Site Information stored on the Site, and stores the same for a limited time. Subject to the limitations set forth in Sections 4 and 5 hereof, upon the Subscriber's payment of the then-current fee, we will make reasonable efforts to restore Site Information. AMS will have no liability for any failure to back up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.
- WARRANTY INFORMATION AND DISCLAIMERS
THE SERVICES, CONTENT, SITE, THIS WEBSITE, LINKED SITES, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION, SERVICE AND PRODUCTS ADVERTISED, PURCHASED, OBTAINED OR ACCESSED THROUGH THEM OR ANY THIRD PARTY PROVIDER (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED "AS AVAILABLE" AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AMS EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, (B) ANY WARRANTIES THAT THE MATERIALS OR SOFTWARE WILL MEET THE SUBSCRIBER'S OR ITS MEMBERS' REQUIREMENTS OR EXPECTATIONS, OR WILL BE RELIABLE, TIMELY, QUICK, CONSISTENT, SECURE, COMPLETE OR FREE OF ERRORS, INACCURACIES, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) ANY WARRANTIES CONCERNING THE USE OR THE RESULTS OF USE OF ANY OF THE MATERIALS OR SOFTWARE.
THE SUBSCRIBER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS AND ITS MEMBERS' USE OF THE MATERIALS AND SOFTWARE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES WILL AMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) PERFORMANCE, USE, INABILITY TO USE, MISUSE OR PROVISION OF THE MATERIALS OR SOFTWARE, OR ANY FAILURE, DELAY, INTERRUPTION, SUSPENSION, CHANGES OR TERMINATION THEREOF, OR THE COST OF PROCURING SUBSTITUTES THEREFOR, (B) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR INFORMATION IN THE MATERIALS OR SOFTWARE, (C) FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION OR UNAUTHORIZED ACCESS TO OR ALTERATION OR USE OF THE MATERIALS OR SOFTWARE, THE SUBSCRIBER'S OR MEMBERS' TRANSMISSIONS, DATA, OR PERSONAL, REGISTRATION OR SITE INFORMATION, (D) ANY LOSS OR INTERRUPTION OF DATA, TRANSMISSIONS OR PERSONAL, REGISTRATION OR SITE INFORMATION RESULTING FROM NETWORK, SERVER OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON, (E) ANY INFRINGEMENT OF RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS), (F) STATEMENTS OR CONDUCT OF ANY PARTY USING THE MATERIALS OR SOFTWARE, OR (G) ORDER FULFILLMENT, CUSTOMER SERVICE, BILLING OR ACCOUNT COLLECTION BY A THIRD PARTY PROVIDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER'S AND ITS MEMBERS' SOLE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE, THE SITE, THE MATERIALS, AND THE SERVICES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE SUBSCRIBER AND/OR ITS MEMBERS.
- INDEMNITY The Subscriber and its Members agree, to the extent allowed under federal law, to indemnify and hold AMS, its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys' fees, arising directly or indirectly out of (a) the Subscriber's or its Members' use of or connection to the Services, this Website, the Site, or the Materials, (b) Site Information or other information transmitted or stored by the Subscriber or its Members through or on the Site or the Services, (c) activities in connection therewith, or (d) the Subscriber's or its Members' breach of this Agreement or violation of the rights of any other party.
- PROPRIETARY RIGHTS The Services, this Website, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Subscriber or its Members through the Services by AMS, its subsidiaries, or its Third Party Providers or on the Linked Sites, and all rights and intellectual property rights therein, are the sole property of AMS, or its Third Party Providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to AMS through this Website, in writing, by e-mail or otherwise to AMS will be the property of AMS and AMS will have all rights therein without any obligation to compensate the Subscriber or its Members. All Information entered into the AMSONLINE will become the property of AMS. Any rights not expressly granted herein are reserved.
The Subscriber agrees that no joint venture, partnership, employment, or agency relationship exists between the Subscriber or its Members and AMS as a result of these Terms or use of or access to the Services, Content or Site. These Terms and the relationship among the Subscriber, its Members and AMS are governed by and construed in accordance with the laws of the State of Florida and the United States of America without regard to conflict of law provisions. The Subscriber and its Members hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida, U.S.A. in all disputes arising hereunder or out of or relating to the use of or access to the Services, Content or Site, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Use of or access to the Services, Content and Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms.
If any part of these Terms is determined by a court to be invalid, unenforceable or contrary to applicable law, then such provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the other provisions of these Terms will remain in force and effect. These Terms incorporate by reference all notices and policies contained on the ourams.com website, and along with any AMSOnline Solutions Agreement and Options Addendum, plus any AMSkids Agreement and/or AMS Billing Agreement if applicable, all of which constitute the entire agreement between the Subscriber, its Members and AMS with respect to this Website, the Services, Online Materials, Content and Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between the Subscriber, its Members and AMS. Any failure of AMS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The Subscriber and AMS agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services, Content or Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Subscriber and AMS both hereby agree to waive their right to a jury trial in any action growing out of this Agreement, whether said action is a contract action or a tort action such as fraud, fraud in the inducement, wrongful attachment, replevin, wrongful termination or any other action in any way relating to or touching upon the services provided or agreed to be provided by AMS.
The prevailing party in any action or proceeding to enforce any portion of this agreement will be awarded reasonable attorney’s fees and costs incurred in that action, proceeding, or in negotiations.
- REPRESENTATIONS OF SUBSCRIBER By registering and accepting these Terms, the Subscriber and all its Members, and each Member on its individual behalf, hereby represents and warrants to AMS that: a. s/he is the duly authorized Site Administrator or Member of a martial arts school and has the authority and legal capacity to register and accept these Terms on behalf of the School, and the Subscriber has the authority to register and accept the same on his/her own behalf and to be bound thereby; b. all Members are at least 18 years of age, or are at least thirteen (13) years of age and have parental permission to use and access the Services; c. (i) the Subscriber and its Members are eligible to establish a Site and to become Members, (ii) the Subscriber and its Members accept and agree to be bound by these Terms, and the Subscriber will take all steps necessary to ensure that its Members so accept and are bound by the same, without limitation or qualification, and (iii) the Subscriber and Members will regularly review these Terms, and in the event of any change, the Subscriber's or Member's failure to promptly discontinue use of the Services and Site as provided in Section 4 hereof will be deemed to indicate the agreement of the Subscriber, on its own behalf and on behalf of its Members, and of its Members to accept and be bound by such changes.
- NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Amerinational Management Services, Inc., P.O. Box 149006, Orlando, FL 32814-9006; (800) 275-1600; email: .
- COPYRIGHT AND TRADEMARK INFORMATION All trademarks, service marks and logos used in this Website are the property of their respective owners. All contents of this Website are the property of AMS, Inc. and/or its suppliers. Copyright © 2012 Amerinational
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