Terms of Service

 

OVERVIEW

This website is operated by Publisher Consultant, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Publisher Consultant, Inc.. Publisher Consultant, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

PRIVACY

Your use of this site is subject to Publisher Consultant, Inc.'s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

CANCELATION POLICY

NO CANCELLATION OF THE CURRENT SUBSCRIPTION(S) IS ALLOWED DURING THE ACTIVE SUBSCRIPTION PERIOD. 

Subscriptions are non-cancelable and non-returnable. You may change your auto-renewal preferences, but no refunds will be paid on any remaining subscription period.

When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.

Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

AUTOMATIC RENEWAL

Our 1-year Digital and 1-year USA and Canadian Print and Print/Digital subscription(s) will automatically renew annually, at the end of the first subscription period, and each year thereafter. You will be billed at the rate then in effect, which may change, until you cancel.

At least 7 days prior to your subscription renewal, Publisher Consultant, Inc. (OnFitness Magazine), will send you an email notification, that Publisher Consultant, Inc. (OnFitness Magazine) will, unless otherwise notified by you, bill, at whatever yearly subscription rate is in effect, at that time, automatically to the credit card designated during the registration process, at the start of the yearly period. No later than seven days before the expiration of your subscription term, with the reply-by-date to prevent automatic renewal. If you do not wish to renew, you will need to respond 'cancel' to the notice you receive, respond by the reply-by-date, and not be billed.

You agree to pay for all charges and fees incurred in connection with your OnFitness Magazine subscription. All fees and charges are nonrefundable. If there are yearly renewable fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the yearly period, and will auto-renew each year until membership is terminated (see above). Gift subscriptions, two & three year print subscriptions and international print subscriptions do not auto-renew.

An administration and processing fee may be deducted from any cancellations. Publisher Consultant, Inc. (OnFitness Magazine) may also pro-rate cancellation refunds based on subscription usage after the billing period began. If you want to cancel the automatic renewal, switch to a different credit card or if there is a change in your credit card name, expiration date, or change to your mailing address, please call OnFitness Magazine Customer Service - 1-877-575-6610 - or use our website contact form.

"OnFitness DIGITAL Sale" Terms and Conditions

1. The OnFitness DIGITAL Summer Sale promotion applies to OnFitness DIGITAL only. This is a limited time offer.

2. During the Promotional Period, you can purchase a subscription to OnFitness DIGITAL or purchase the single issue at the indicated discount (the "Offer").

3. Offer may be changed or withdrawn without notice by OnFitness Magazine (Publisher Consultant, Inc.) and has no cash alternative.

4. You must complete your purchase of Qualifying Items during the Promotional Period in order to receive the indicated discount.

5. Offer only applies to OnFitness DIGITAL 1-year subscription and single issue purchased through www.onfitnessmag.com. It does not apply to OnFitness DIGITAL items purchased from any other website.

6. This offer is not valid for any previous OnFitness DIGITAL purchases or sales. Nor can discounts be applied to any other offers.

7. Sorry, we do not accept returns on online products, Digital subscriptions, or e-books.

PRINT SUBSCRIPTIONS

Your subscription will begin with the next available issue (allow 8-10 weeks for delivery). You have the option to start with current issue by selecting the option to start with the current issue, and agreeing to pay S&H for that issue.

MISSING ISSUES

Claims for free replacement of missing issues cannot be considered more than 45 days after publication. We attempt to honor claims whenever possible; however, certain restrictions apply. For instance, claims cannot be honored if issues are missing because of failure to report a change of address or because a copy is lost or missing from your files.

CHANGE OF ADDRESS

It is your responsibility to notify us of change of address. Notify us of address changes by using our website contact form,  We do not accept liability for missed issues due to the non-notification of address change.

SUBSCRIPTIONS

Subscriptions are neither cancelable nor non-transferable i.e. switching from digital to print.
Purchasing a print subscription does not allow you access to the digital issue.
Purchasing a digital subscription does not entitle you to a print subscription.

eBOOKS

All eBOOK sales are NON-Refundable. Sorry, we do not accept returns on online products, or e-books.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

CUSTOMER SERVICE NOTIFICATION

When communicating with our representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially or religiously offensive or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives or employees is at any time threatening, abusive or offensive, we reserve the right to immediately cease such communication and terminate your use of the Website.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

RESTRICTIONS ON USE OF CONTENT

All information, content and materials contained in OnFitness Magazine and on our websites are our copyrighted property. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our affiliates, licensors or licensees. No information, content or material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, And is to view on any single computer for your own personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials and (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands. The use of any information, content or materials in OnFitness Magazine and on Publisher Consultant, Inc.'s websites, on any other Web site or computer environment is prohibited.

OnFitness Digital Magazine is for your own personal use. You may not use the OnFitness magazine sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.

PROPRIETARY RIGHTS AND LIMITED LICENSE

We permit access to content, which is protected by copyrights, trademarks and other intellectual and proprietary rights, which along with these Terms of Use and other laws, govern your use of such content.

You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. Legitimate requests for permission to reproduce, distribute or otherwise use materials found in our publication or on our Web sites should be made to OnFitness Magazine at contact.

We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all the Services without notice or liability. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Publisher Consultant, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Publisher Consultant, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services after your subscription has expired, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Las Vegas, Nevada, U.S.A

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at https://onfitnessmag.com/contact

Information appearing in OnFitness® OnFitness® DIGITAL, OnFitness® Mobile, OnFitness® online, may not be reproduced in whole or in part without express written permission of the publisher. OnFitness® is a trademark of Publisher Consultant, Inc. Established in 1999, and is not to be used in any way, shape or form, unless there is direct written permission from its publisher.