FirmPOS - Health Club Management Software, Gym Management Software, Fitness Center Management Software

Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) is a binding legal agreement between you (Known as "Visitor" or “You”) and eSynaptic Response Inc. - 3465 S. Arlington Road, Suite E #167, Akron Ohio 44312-5272 (Known as “Company”) for the authorized use of Company’s Property as specifically listed in Section[1] (known as “Company’s Property” or “Property”). You agree that you are at least 18 years of age and legally able to enter into this agreement. Your use of the Property constitutes your acceptance of the Agreement. If you can not enter into this agreement, or you do not agree with the said terms, you must leave immediately and cease from using the Property.

1 Defined Property. Unless otherwise specified, “Property” is collectively known as any and all domain names, email addresses, email messages, web pages, content, information, graphics, logos, text, files, folders and user interface that are associated with these Internet domains: eSynaptic.com, eSynapticResponse.com, SetupAssist.com, FirmPOS.com OR their corresponding IP addresses.

Property is exclusively owned and remains the sole Property of Company at all times. Property is being offered for conditional usage under the specified terms of this agreement by the Company for the transmission of content provided solely for informational purposes.

2. Acceptable Usage. Property includes email addresses that are provided to send and receive electronic messages over the Internet. These messages include acceptable business and personal correspondence. At no time is Property to be used for unsolicited advertisements or “SPAM” messages. By using Property to send SPAM, you agree to pay Company a fee of TWO HUNDRED ($200) US Dollars per message Company receives from you.

3. Disclaimer. Company assumes no liability for damages, direct or consequential, which may result from the use of this Property, even if Company has been advised of the possibility of such damages. You agree to irrevocably and unconditionally release, acquit and forever discharge Company and any person, organization or business affiliated with Company from any and all claims, liabilities, promises, actions, damages and the like, past, present or future, known or unknown. You further agree that you and all persons, organizations and businesses affiliated with you or representing you will not bring any legal action or file any lawsuit against Company, any person, organization or business affiliated with Company for any reason.

4. Acknowledgement. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of the agreement between you and Company and supersedes all, agreements, contracts, proposals or prior endorsements, oral or written, and any other communications between you and Company or any representative of Company at any time.

This Agreement shall be governed by the laws of the State of OHIO, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts in SUMMIT County OHIO or the federal courts in the Northern District of Ohio to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction such declaration shall have no effect on the remaining terms hereof.