Terms and Conditions
Agreement between User and https://brand.page/papefitness
Welcome to https://brand.page/papefitness. The https://brand.page/papefitness website (the "Site")
is comprised of various web pages operated by Pape Fitness. https://brand.page/papefitness is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of https://brand.page/papefitness constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.
https://brand.page/papefitness is an E-Commerce Site.
This is an online personal training business linked with TrainerFu, and sells packages. The
packages are Starter, Premium, and Elite. The prices are $97/month, $199/month, $299/month.
Privacy
Your use of https://brand.page/papefitness is subject to Pape Fitness's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting https://brand.page/papefitness or sending emails to Pape Fitness constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Pape Fitness does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use https://brand.page/papefitness only
with permission of a parent or guardian.
Cancellation/Refund Policy
The subscription must be cancelled within 24 hours of billing. There will be no refunds for any
online purchases.
Links to Third Party Sites/Third Party Services
https://brand.page/papefitness may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Pape Fitness and Pape Fitness is not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Pape Fitness is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Pape Fitness of the site or any
association with its operators.
Certain services made available via https://brand.page/papefitness are delivered by third party sites
This is a RocketLawyer.com document.
and organizations. By using any product, service or functionality originating from the
https://brand.page/papefitness domain, you hereby acknowledge and consent that Pape Fitness
may share such information and data with any third party with whom Pape Fitness has a
contractual relationship to provide the requested product, service or functionality on behalf of
https://brand.page/papefitness users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://brand.page/papefitness strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to Pape Fitness that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Pape Fitness or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Pape Fitness content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Pape Fitness and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Pape Fitness or our licensors except as expressly authorized by these
Terms.
Third Party Accounts
You will be able to connect your Pape Fitness account to third party accounts. By connecting your
Pape Fitness account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Pape Fitness from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Pape Fitness Content accessed
through https://brand.page/papefitness in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
This is a RocketLawyer.com document.
Indemnification
You agree to indemnify, defend and hold harmless Pape Fitness, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Pape Fitness
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Pape
Fitness in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Pape Fitness agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PAPE FITNESS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PAPE FITNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PAPE FITNESS AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PAPE FITNESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
This is a RocketLawyer.com document.
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
PAPE FITNESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Pape Fitness reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Kansas and you hereby
consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Pape Fitness as a result of this agreement or use of the Site. Pape Fitness's performance
of this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Pape Fitness's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or information provided to or
gathered by Pape Fitness with respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Pape Fitness with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Pape
Fitness with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
This is a RocketLawyer.com document.
Pape Fitness reserves the right, in its sole discretion, to change the Terms under which
https://brand.page/papefitness is offered. The most current version of the Terms will supersede all
previous versions. Pape Fitness encourages you to periodically review the Terms to stay informed
of our updates.
Contact Us
Pape Fitness welcomes your questions or comments regarding the Terms:
Pape Fitness
Email Address:
papefitness@gmail.com
Telephone number:
620-333-9790
Effective as of ___02/15/2023____
This is a RocketLawyer.com document.