FitnessPapi.com Membership Agreement
Last Revised October 2022
This is a legal agreement between You and ACK Enterprises, LLC, doing business as FitnessPapi.com. The provisions of this Agreement will govern Your use of Our Website. The policies, terms and conditions detailed below limit FitnessPapi.com’s liability and obligations to You and allows FitnessPapi.com to change, suspend or terminate Your access to and use of the Site.
If FitnessPapi.com accepts Your Membership application, You will be become a “Member” having access to the Site only under the policies, terms and conditions lists below.
“We”, “Us” or first person pronouns- the provider of FitnessPapi.com, ACK Enterprises, LLC.
“the Site”, the FitnessPapi.com website, and any subdomains, and all its services including but not limited to all communications made through FitnessPapi.com and any content that is provided by FitnessPapi.com or transmitted through FitnessPapi.com.
“Member” or “User”- the users of the Site who accept and enter into the Membership Agreement and those who use the site to purchase content through the Site and from other Members.
“You” and all second person pronouns- the reader of this Membership Agreement or user of the Site
“Products”- any Items or Membership Packages that are bought through the Site by Users
“Purchases”- Products which are bought through the Site
“Transaction”– the purchase of any Product through the Site initiated using Your password and Member account information.
If there is ever any conflict between the terms or conditions outlined in related policies and this Membership Agreement, the terms and conditions of the Membership Agreement shall supersede all others.
By ‘Accepting’ the terms and conditions of this Membership Agreement, You understand that You accept all terms and conditions. You also demonstrate acceptance of this Membership agreement by registering to the Site, communicating with Members of the Site, utilizing any of the available content on the Site, and by distributing content on the Site. By doing so, You agree to be obligated to the terms and conditions of this Membership Agreement.
Any and all usage of the Site is regulated by the terms and conditions outlined in this Membership Agreement, the Policies presented on the Site, and any notifications communicated through the Site. All Users must accept the terms and conditions set forth in this Membership Agreement in order to use and access the Site. If You do not accept the regulations of this Membership Agreement, then You may not use or gain admittance into the Site.
- Eligibility to use the Site
The Site is available for use only to persons who are at least eighteen (18) years old, or twenty-one (21) years old, depending on the age of majority in Your jurisdiction, and are otherwise capable of forming legally binding contracts under applicable laws. FitnessPapi.com may, in their sole discretion, require proof from Members, that they have attained the age of majority in their jurisdiction prior to using the Site. Failure to produce proof of age will result in termination of Your Membership.
You agree not to use or access the Site or become a Member if doing so violates any law, regulation, decree, treaty or administrative act of Your state, province or country. FitnessPapi.com makes no representations that the Site or any contents it contains are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. In addition You cannot access the Site if You reside in a country that is prohibited from entering into trade relations with the United States or its citizens, countries include but not limited to Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia. Those who choose to access the Site from such locations do so, on their own initiative and are solely responsible. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Members.
- Modifications to the Membership Agreement and Policies
FitnessPapi.com reserves all rights in its sole option to amend or terminate the Site, or adapt the terms and conditions of Your usage of the Site, without notification. All amended changes to the terms and conditions will be operative thirty (30) days after they are originally displayed on the Site. All updated versions of the Membership Agreement and Policies will supersede all previous versions upon posting.
FitnessPapi.com will attempt to take necessary steps in order to notify You of changes to the Site’s terms and conditions; however it will remain Your responsibility to regularly check the Site for updates to the Membership Agreement and Policies.
If You do not agree with any changes to the Membership Agreement or any other changes to the policies of the Site, Your only viable alternative is to cease using the Site. By remaining to use any of the features of the Site, You accept and agree to be obligated to any of the modifications of the Membership Agreement, policies or business practices of the and You agree to take full responsibility for Your failure to review changes to the Site’s new terms and conditions. FitnessPapi.com will not be responsible for Your neglect of Your legal rights.
- Suspension or Termination of Membership
You authorize FitnessPapi.com to possess the right at any location in time to suspend or terminate Your membership and disable Your future use and/or access to the Site without any reason or prior notice to You in the event that any of Your actions or decisions breach this Membership Agreement, infringe on any current policies on the Site, potentially violate any laws or statutes, or in cases where FitnessPapi.com deems, in good faith, that Your actions may be harmful to You, any Members, FitnessPapi.com, or the Site, in any manner. In those particular instances and in situations where FitnessPapi.com is unable to confirm or validate any billing or payment information You offer to the Site, FitnessPapi.com may contact Your affiliated bank and/or the relevant authorities or administer appropriate action without notice to You. FitnessPapi.com reserve the right, at any point, terminate a Member’s account due to inactivity if You do not access Your account or subscribe to any Membership Package for a period of three (3) consecutive months or more.
You reserve the right to terminate Your Account and association with FitnessPapi.com at anytime if You are dissatisfied with any
- terms or conditions in this Membership Agreement or related policies,
- content available through the Site, or
- amount or type of fees or if the billing methods change.
You can terminate Your Membership with FitnessPapi.com by reaching us via email or our web contact form.
Your notice of termination will be effective upon receipt by Us.
You agree that if Your Membership is terminated by Us, for whatever reason, You will not attempt to re-register or use the log in details of an existing Member, using the same or different username or using the same or different IP address, without prior written consent from Us. Members will not knowingly allow terminated Members to use their active account. Failing to comply with this ordinance will result in the immediate termination of all Members proven or suspected to be involved.
- You are exclusively liable for any and all use made of the Site under Your password and Member account information and approve to pay for all Products bought using Your password and Member account information
- You hereby grant com the permission to allow Our payment processor to collect fees for each Transaction by debiting Your Membership account immediately upon the finality of each Transaction, irrespective to the quality or the completeness of the Product. You authorize FitnessPapi.com, openly or through third parties, to create any investigations we consider necessary and reasonable to authenticate Your Member account. This may include assembling a credit report and executing other necessary credit checks or otherwise confirm the information You provide to the Site.
- You agree that You will not authorize, enable, permit or facilitate access to and/or use of Your account to non-Members and or existing Members. You are solely responsible for all usage or activity related to the Site made under Your password and Member account information. You agree to not disclose Your password and Member account information to any individuals and to monitor and track all activities that occur under Your Member name, password or member account, including but not limited to, all prior and outstanding transactions, postings, public messages, and all usage of the Site as You are the sole party responsible for any activity on Your account.
- Based on Member account use and other factors identified by com or its payment processor, in its sole discretion, FitnessPapi.com may request verification of Your identity, age, nationality and/or other background information in order for You to continue to use the Site and to be allowed to post Content. Accordingly, You agree to deliver any additional information that may be requested by FitnessPapi.com, You consent to FitnessPapi.com’s release of Your personal information to third-party service providers, such as but not limited to FitnessPapi.com’s payment processor or law enforcement, in order to verify Your identity, age, nationality and/or other background information.
- You may not allow minors to access the Site through the use of Your Membership Account.
- By using the Site, You agree to obey with the following:
- All Members, understand that FitnessPapi.com only allows You access to the Site, it is Your responsibility to provide Your own access to the Internet, and any fees or costs that You may incur to access the Site are Your sole responsibility. FitnessPapi.com is not responsible for providing You with any hardware or software, and it is Your responsibility to purchase or license all necessary hardware and software to access the Site.
- All Members agree to provide true, accurate, current and complete information at the time of registration as well as always accurate, true and complete payment registration information. Furthermore, all Members agree to promptly update their personal information in the event of changes or to promptly notify the appropriate staff of the Site in regards to these changes. You will not use false identities or impersonate any other person or use a name that You are not authorized to use.
- You will fully comply with any request of FitnessPapi.com in relation to investigations of claims or suspected fraudulent, illegal or suspicious activity. This may include but not limited to granting FitnessPapi.com the right to access any portions of Your account on the Site which are password protected. When these situations arise, You may contact the Site directly to ensure the person asking for such information is affiliated with the Site.
- You will not use the Site as a means to harass, defame, stalk, or endanger any Member in regards to Content posted, information displayed, or messages exchanged on the Site.
- You will not copy or reproduce any content related to the Site, this includes but is not limited to knowingly or unknowingly creating copies of Content, screenshots of any area of the Site as well as Products, or copying written information.
- You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback, using secondary Member names or third parties or leaving negative feedback if the Site fails to perform some action that is outside the scope of the services described.
- You will not attempt to circumnavigate any encryption or other security tools used anywhere on the Site, or us any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site and any communications on it. Furthermore, You will not attempt to gain unauthorized access to another Member’s account and/or information, computer system, network or database associated with the Site. FitnessPapi.com reserves the right to contact the appropriate areas of law enforcement if such activity occurs on the Site.
- You will not encourage, force, instruct, or coerce any individual(s) to violate any of the statements described in this Membership Agreement or any of the policies of com.
- Ownership of the Site including all URLs and any content created or derived from the Site.
FitnessPapi.com owns all legal and intellectual rights to the titles, procedures, systems, devices, content, processes, format, designs, logos, URLs, buttons, patents, copyrights, trademarks, likenesses, intellectual property, derivative works, improvements and features. No use of such materials, tangible and intangible, owned by FitnessPapi.com or the Site may be used, shared or displayed in any manner unless with expressed written consent by FitnessPapi.com. Additionally, You agree and recognize that over time Your username may be given to another Member in the event Your account is not currently active or in the event that Your account is closed.
- Disclaimer of Warranties
You expressly agree that Your use of the Site or any services contained therein is at Your own and sole risk. You also understand that any material and/or data downloaded, uploaded or otherwise obtained and transmitted through the use of the Site or any of the Material contained therein is done at Your own risk. The Site and any Products or goods obtained through the Site are provided “As Is” with no warranty or guarantee of any kind, expressed or implied, regarding the Site and any Products, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. FitnessPapi.com also makes no warranties or representations that the Site or its service or any materials contained therein, will be uninterrupted, timely, secure or error free, nor do We make warranties or representation as to the quality, suitability, truth, usefulness, accuracy or completeness of the Site or its services and materials. Furthermore, FitnessPapi.com cannot guarantee that Products will be successfully delivered to our Users/Customers whether or not such failure is due to circumstances within Our control or through other outside forces.
In addition, FitnessPapi.com makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusion may not apply to You.
- Limitation of Liability
Under no circumstances will FitnessPapi.com be held liable to You, or any third party, for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Products, whether or not FitnessPapi.com has been advised of the possibility of such damages.
Without limiting the generality of the foregoing, FitnessPapi.com and its suppliers’ aggregate liability to You arising with respect to this agreement will not exceed one hundred dollars ($100). FitnessPapi.com will not be liable for the consequences of any interruptions or errors. However, due to some jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, the above limitation and exclusions may not apply to You.
- Copyright and Trademark Policy
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide FitnessPapi.com’s Copyright Agent listed below with the following information required under 17 U.S.C. § 512 of the DMCA:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FitnessPapi.com to locate the material;
(d) Information reasonably sufficient to permit FitnessPapi.com to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of notice as described above, FitnessPapi.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
If You believe that Your federally registered trademark is being used in a way that constitutes trademark infringement, please provide FitnessPapi.com ‘s Trademark Agent with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
(b) Information reasonably sufficient to permit FitnessPapi.com to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address;
(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
(d) Information reasonably sufficient to permit FitnessPapi.com to identify the use being challenged by the registered trademark owner;
(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.
Upon receipt of notice as described above, FitnessPapi.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
FitnessPapi.com‘s Trademark Agent for notice of claims of copyright infringement on or regarding this Site can be reached via email.
- Links to External Websites
FitnessPapi.com may provide links to websites that are owned and operated by third parties. Such links are provided for reference only and FitnessPapi.com neither controls such websites not endorses any of the material on any such websites or any association with their operators and therefore You acknowledge and agree that We are not responsible or liable for content, advertising, services, products or other materials on or available from such websites and resources. In addition, You acknowledge and agree that We shall not be held responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused to You by or in connection with the use of third party websites.
Any notice or other communication required by Us to You, will be given in writing and sent via email to the address provided to Us by You. Any notice or other communication from You to Us, should be sent via email to the appropriate address to which Your communication relates.
It is the responsibility of both parties to notify the other party of changes to their email address. FitnessPapi.com will accept no responsibility for notices not received due to You not maintaining Your contact details and keeping them up to date.
The date of receipt shall be deemed the date on which such electronic notice is transmitted. Any correctly addressed notice that is refused, unclaimed or undelivered, because of an act or omission of the You to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the email server. FitnessPapi.com will take no responsibility for notifications not received.
If there is a dispute or controversy between FitnessPapi.com and You arising out of or otherwise relating to this Membership Agreement, and the two parties cannot in good faith resolve the dispute, then the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association.
The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore provisions of this Membership Agreement; and shall be bound by governing and applicable laws.
The arbitrator’s decision shall be final and non-appealable. The arbitration shall be conducted in Pittsburgh, Pennsylvania, and the judgement on the arbitration award may be entered in any applicable court’s jurisdiction.
In the event that any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs occurred in connection there with, including attorneys’ fees incurred on appeal.
- Intellectual Property Information
All referenced website names constitute service mark(s) and/ or trademarks(s), and any word, slogan or brand appearing on Our Site with a TM designation qualifies as Our trademark or service mark.
“FitnessPapi.com”, the FitnessPapi.com logos and all likeness are copyrights of ACK Enterprises, LLC, and We either own or have rights to display all of the Materials thereupon. You may not use any of the Materials without Our expressed written consent.
FitnessPapi.com strictly enforces Our intellectual property rights and any infringement will be prosecuted to the fullest extent of the law.
If for any reason any provision of this Membership Agreement, or any portion thereof, is found to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible or shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
FitnessPapi.com‘s actions in regards to violations and enforcement of this Membership Agreement on its Members or You does not pardon or set precedent for FitnessPapi.com‘s decisions regarding future, related or comparable violations and enforcements of this Membership Agreement. FitnessPapi.com makes informed decisions on a case by case basis and does not have to provide explanation of its rulings.
All parties agree to exclusive jurisdiction and venue in, and only in, Pittsburgh, Pennsylvania, and agree to hereby waive any right to assert the doctrine of forum non-conveniens.
This Membership Agreement along with the guidelines, procedures and policies of FitnessPapi.com establishes a binding agreement between FitnessPapi.com and You with respect to the subject matter contained in such an agreement.
You approve and permit the use of electronic processes to finalize this Membership Agreement, to FitnessPapi.com and to make available to You any notices related to this Membership Agreement, and electronic records to collect information in regards to this Membership Agreement or Your usage of the Site.
You can request a copy of this Membership Agreement or any other Policy in PDF format, by sending Us and email stating the required policy
You understand and agree to this Membership Agreement and any notices given pursuant to this Membership Agreement are enforceable in electronic format.