Terms & Conditions
These are terms and conditions of FitNFabs d.b.a. Live & Thrive CA’s (LTC) marketing services agreement, effective as of May 17, 2019.
Partner will pay LTC all fees and charges as set forth and scheduled herein. All recurring Fees shall be invoiced in advance and shall be paid within ten (10) days of date of invoice. If any invoices from LTC exceed thirty (30) days outstanding from the invoice date, LTC shall have the right to suspend services to Partner.
2. ADVERTISING MATERIAL
Partner agrees to provide advertising material in a timely manner. The subject matter, form, size, wording, illustration, and typography of the advertising shall be subject to the approval of LTC. Unless otherwise authorized in advance, LTC will make no changes without the consent of Partner. If LTC is unable to set any advertisement in the type or style requested or if the advertisement occupies more space than specified herein, LTC shall immediately notify Partner and secure Partner’s new instructions. Otherwise, the advertising will be omitted with no refunds.
3. PROOF OF INSERTION
At the request of Partner, LTC will ship to Partner one copy of each issue in which Partner’s print advertising appears. At the request of Partner, LTC will email to Partner screenshots from websites and social media networks in which Partner’s digital advertising appears.
LTC is NOT a member of the Audit Bureau of Circulations or Business Publications Audit Circulation. LTC self-reports by aggregating online audience data from Google Analytics, Facebook Insights, Instagram and Issuu.
5. OMISSION OF ADVERTISING
Unintentional or inadvertent failure by LTC to publish the advertising covered by this order invalidates the order herein, but shall not constitute a breach of contract. Intentional omission by LTC after closing date of the advertising covered herein is permitted after consultation with Partner.
This Agreement and its validity, construction, breach, performance and operation shall be governed by the laws of the state of California.
Parties will use their best efforts to resolve any disputes, claims and controversies arising out of or relating to this Agreement or its breach (“Dispute”). If Dispute cannot be resolved, Parties agree that termination of Agreement is the sole recourse with all monetary obligations arbitrated and resolved by JAMS [jamsadr.com] and arbitration costs equally shared by both Parties.
The terms & conditions herein supersede all previous terms & conditions.