Summary
Table of Contents:
1. Acceptance of Terms
1.1 Agreement to Terms: By accessing and using the products and services provided by Chapeda LLC (referred to as "Rogo" and "Rogo Coach"), you agree to abide by the terms and conditions outlined in this agreement. These terms serve as a contractual agreement between the user and Chapeda LLC regarding the use of the website rogocoach.com. Your agreement to these terms confirms your consent to be bound by them. Chapeda LLC maintains the right to terminate these terms with the user, as well as to deny access or revoke access to any of our platforms or services at any time and for any reason.
1.2 Complete Understanding: Your use of Rogo and Rogo Coach constitutes your full understanding and acceptance of these terms. If you do not agree to any part of these terms, you should not access or use our services.
1.3 Changes to Terms: Chapeda LLC reserves the right to modify, update, or replace these terms at any time without prior notice. It is your responsibility to review this agreement periodically for changes. Your continued use of the service after any modifications to these terms will constitute acceptance of those changes.
2. Description of Services
2.1 Overview: Chapeda LLC operates an online e-commerce platform, rogocoach.com, facilitating the exchange of goods, products, and services, primarily centered around athletics. Users can both purchase and sell goods, products, and services related, but not limited to, fitness and sports.
2.2 Buying and Selling: Users have the ability to browse, purchase, and sell a wide range of athletic goods, products, and services through Rogo Coach. This includes equipment, apparel, training programs, coaching services, and more.
2.3 Coordination Features: Our platform provides features to help users coordinate the delivery and scheduling of goods, products, and services. This includes calendar tools, chat features, and other communication channels to facilitate smooth transactions between buyers and sellers.
2.4 Athletic Focus: While our platform has a primary focus on athletics, it is not limited solely to this. Users may also find goods, products, and services related to general health, wellness, and fitness. Because users have the freedom to sell anything they want, there may be goods, products, and services that are unrelated to general health, wellness, and fitness.
2.5 Community Interaction: Rogo Coach fosters a community environment where users can interact, share insights, and engage with coaches, athletes, and fitness enthusiasts. This community aspect enhances the overall user experience and provides support and motivation to individuals on their fitness journey.
2.6 Mobile Accessibility: Our platform is user-friendly on mobile devices, allowing users to browse, purchase, and manage their transactions conveniently.
2.7 Continuous Improvement: Chapeda LLC is committed to continuously improving our platform to meet the evolving needs of our users. We regularly introduce new features and enhancements to provide a better user experience and greater value to our community.
3. Definitions
In this Terms of Service:
These definitions shall apply to the entire Terms of Service unless otherwise specified.
4. User Accounts and Responsibilities
4.1 Account Creation: To access certain features of the Chapeda LLC platform, you are required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
4.2 Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify Chapeda LLC immediately of any unauthorized use of your account or any other breach of security. Chapeda LLC will attempt to mitigate the harm caused by unauthorized use of your account by acting swiftly, but cannot ensure on-demand reversal or reimbursement in any way if this occurs.
4.3 Prohibited Activities: You agree not to engage in any activity that:
a. Violates any laws, regulations, or the terms of this agreement.
b. Interferes with or disrupts the Chapeda LLC platform or servers.
c. Attempts to gain unauthorized access to other accounts, computer systems, or networks.
d. Harasses, abuses, or harms another user or third party.
e. Impersonates any person or entity, or falsely claims an affiliation with any person or entity.
f. Uses the platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair the platform or other users ability to use the platform.
g. Shares login credentials with any third party or allows any third party to access your account.
h. Engages in any activity that Chapeda LLC determines, in its sole discretion, to be inappropriate or harmful.
4.4 Usage Guidelines: You agree to use the Chapeda LLC platform in accordance with any guidelines or policies provided by Chapeda LLC. This includes but is not limited to guidelines regarding content posting, communication with other users, and use of interactive features.
4.5 Accuracy of Information: You are responsible for the accuracy and truthfulness of any information you provide on the Chapeda LLC platform, including but not limited to profile information, content, and communications.
By creating an account and using the Chapeda LLC platform, you agree to abide by these User Accounts and Responsibilities.
4.6 User Responsibilities: Users, including sellers, are independent entities and are not employees or agents of Chapeda LLC. Sellers are solely responsible for the goods, products, or services they offer on the platform. Chapeda LLC does not endorse, guarantee, or assume responsibility for any products or services sold by users on the platform. Chapeda LLC is not responsible for any harm, damage, or loss that may be caused by the products or services offered by sellers. Users recognize and acknowledge that they take a risk when they purchase any goods, products, or services on the platform.
5. Eligibility
5.1 Age Requirement: This section of the Chapeda LLC Privacy Policy is included to address the Children’s Online Privacy Protection Act (COPPA), the Connecticut Public Act No. 16-1 "An Act Concerning Student Data Privacy" (Connecticut Student Privacy Act), and any similar law, rule, or regulation. You must be at least 13 years old to open an account, sign up, or use any Chapeda LLC products or services. By using our services, you represent and warrant that you meet this eligibility requirement.
5.2 Students: If you are currently enrolled in a public or private middle or high school, or are a homeschool student (collectively referred to as "Student"), you must inform us of your student status and provide the name and contact information of your parent, guardian, or school coach when opening an account or signing up for any Chapeda LLC product or service. Chapeda LLC complies with COPPA and the Connecticut Student Privacy Act to protect the privacy of children and students. We will not collect, store, or use student information, student records, student-generated content, or persistent unique identifiers for purposes other than the furtherance of school purposes. Compliance with COPPA, the Connecticut Student Privacy Act, and similar laws is covered by the general provisions of this Chapeda LLC Privacy Policy, which apply to all users of Chapeda LLC products and services, including Children and Students.
6. Arbitration
6.1 Agreement to Arbitration: By accessing and using the products and services provided by Chapeda LLC, you agree that any disputes, controversies, or claims arising out of or related to the terms and/or services provided by Chapeda LLC will be resolved through binding arbitration between the user and Chapeda LLC. The settlement will not occur in a court of law via traditional litigation. You acknowledge and agree that all “Parties” [the user and Chapeda LLC] are waiving the right to trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
6.2 Rules and Governing Law: The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association (AAA). The AAA rules and policies can be found by calling 1-800-778-7879 or via www.adr.org/arb_med. The Parties agree to select a neutral arbitrator from a list provided by the chosen arbitration organization. The arbitrator shall have expertise in employment law matters and shall be mutually agreed upon by the Parties.
6.3 Location and Format: The arbitration shall take place in Pensacola, Florida, unless the Parties mutually agree to an alternative location. The format of the arbitration (in-person, remote, or a combination thereof) shall be determined by the arbitrator, considering the nature of the dispute and the convenience of the Parties.
6.4 Fees: It is the responsibility of the user to pay AAA fees. In addition, any administrative and arbitrator fees will be allocated and set forth in the AAA rules.
6.5 Confidentiality: The arbitration proceedings and any related documents shall be confidential and not disclosed to any third party, except as required by law or court order.
7. Goods, Products, and Services
7.1 User-Sold Items: Goods, products, and services available on the Chapeda LLC platform are sold by other users. While the primary focus is on athletic-related items, users have the freedom to sell a wide range of goods, products, and services. This includes but is not limited to coaching (in person or online), training plans, demonstration videos, and how-to documents.
7.2 Seller Responsibilities: Sellers are expected to be thorough and accurate in their descriptions of the goods, products, and services they offer. They must ensure that their listings are truthful and reflective of what is being sold. Sellers must communicate honestly and promptly with buyers. Sellers are strongly encouraged to refund buyers who feel they are entitled to a refund. Sellers acknowledge that in the event of a dispute, Chapeda LLC retains the right to refund or not refund buyers at its own discretion.
7.3 Integrity and Compliance: Sellers must live up to the descriptions they create for their goods, products, and services. Failure to do so may result in penalties, including the permanent removal of the seller from the platform.
7.4 Buyer Acknowledgment: Buyers acknowledge that they are purchasing goods, products, and services from other users, not from Chapeda LLC. As such, Chapeda LLC is not responsible for the quality or safety of the items listed by sellers. Buyers are responsible for informing themselves about the seller they are purchasing from, including reviewing seller ratings, reviews, and any other available information to make an informed decision.
7.5 Intellectual Property: Unauthorized reproduction or distribution of any goods, products, or services, including coaching and training materials, is strictly prohibited. These resources are intended solely for the individual use of the buyer and are not to be resold or widely duplicated. This includes but is not limited to: reposting information to any online source without prior and explicit consent from the creator, reselling information on any platform and for any purpose.
7.6 Risks Associated with Publication of Goods, Products and Services: Users, including sellers and buyers, are required to acknowledge that while Chapeda LLC seeks to diligently safeguard the integrity and confidentiality of products and information, in the event of any unauthorized disclosure, publication, or mass reproduction of such information, Chapeda LLC does not assume responsibility.
7.7 Content Monitoring: Chapeda LLC reserves the right to monitor the content of goods, products, and services listed on the platform to protect against harmful content. This includes, but is not limited to, ensuring compliance with these Terms of Service and maintaining the safety and integrity of the platform.
8. Payments and Billing
8.1 Use of Stripe: Chapeda LLC uses Stripe to facilitate transactions between buyers and sellers. All users of Chapeda LLC must abide by Stripe's terms of service, which can be found on Stripe's website.
8.2 Pricing: Sellers on Chapeda LLC have the flexibility to set their own prices for the goods, products, and services they offer. They can offer both one-time payment products and subscription-based services. We do maintain a price floor due to Stripe, our payment processor, charging us fees for every purchase.
8.3 Billing Information: Both buyers and sellers are required to provide accurate and up-to-date billing information to facilitate transactions. Failure to provide accurate billing information may result in the inability to complete transactions or access certain services.
8.4 Transaction Fees: Chapeda LLC imposes transaction fees on sales made through the platform. These fees are technically paid by the sellers and are non-refundable and non-negotiable. The fees help cover the costs of maintaining the platform and providing support services. Chapeda LLC reserves the right to change transaction fees and apply different fees for different users. Continued usage of our platform after the notification of fee changes constitutes acceptance of the revised transaction fee terms.
8.5 Non-Refundable Fees: All transaction fees charged by Chapeda LLC are non-refundable. Sellers acknowledge and agree to this policy when listing their goods, products, or services on the platform.
8.6 Refunds: In the event that a refund is requested and approved, the buyer will receive the full amount of the original transaction, including the transaction fee. Sellers should be aware that they may incur a loss on a refund due to non-refundable Stripe fees and Chapeda LLC fees. Consequently, sellers recognize and accept that they may experience a financial loss in the event of a refund.
8.7 Payment Methods: Chapeda LLC accepts various payment methods, including credit/debit cards and other electronic payment methods as supported by Stripe. Users must ensure they have the legal right to use any payment method they select.
8.8 Subscription Billing: For subscription-based services, users will be billed on a recurring basis as per the subscription terms they agree to at the time of purchase. Users can manage or cancel their subscriptions through their account settings.
8.9 Late Payments: In the event of any failed or late payments, Chapeda LLC reserves the right to suspend or terminate the user’s access to the platform until payment is successfully processed.
8.10 Dispute Resolution: Any disputes regarding payments or billing should be reported to Chapeda LLC’s customer support for resolution. Chapeda LLC will make reasonable efforts to resolve disputes but does not guarantee refunds or credits except as outlined in this agreement.
8.11 Currency: All transactions on the Chapeda LLC platform are processed in U.S. Dollars (USD). Users are responsible for any currency conversion fees or exchange rate differences that may apply.
8.12 Tax Obligations: Users are responsible for any taxes or fees that may apply to their transactions. Sellers are required to include applicable sales taxes in their listed prices and remit those taxes to the appropriate authorities. Chapeda LLC is not responsible for filing taxes on behalf of sellers; sellers are solely responsible for their own sales tax obligations.
9. Refunds and Cancellations
9.1 User to User Refunds: Users have the ability to refund eachother. Sellers have the discretion to issue refunds to buyers who feel that the goods, products, or services purchased did not meet the described standards. Refunds should be considered under the following criteria:
9.2 Refund Process: In cases where a refund is deemed appropriate, the seller should promptly initiate the refund process. The following steps should be adhered to:
9.3 Buyer Responsibility: Buyers are expected to contact sellers directly to request a refund. It is essential for buyers to provide clear and detailed information about their complaint, including any supporting documentation or evidence, to facilitate the refund process.
9.4 Chapeda LLC Dispute Resolution: Chapeda LLC is authorized to handle disputes between buyers and sellers. If a satisfactory resolution is not achieved through direct communication with the seller, buyers may submit a claim through Chapeda LLC’s customer service. Chapeda LLC reserves the right to issue a refund at its discretion, adhering to the same criteria that sellers are expected to follow. However, Chapeda LLC does not guarantee that a refund will be provided.
9.5 Seller Responsibility and Compliance: Sellers are responsible for managing and processing refunds in a fair and timely manner. Clear and honest communication with buyers throughout the refund process is imperative to ensure a satisfactory resolution. Failure to adhere to these responsibilities may result in penalties, including but not limited to, suspension or termination of the seller's account.
9.6 Documentation and Evidence: Buyers requesting a refund should provide necessary documentation and evidence, such as photos, receipts, and communication records, to support their claim.
9.7 Timelines: Refund requests must be submitted by the buyer within 30 days of receiving the goods, products, or services. Sellers are expected to process and respond to refund requests within 10 business days.
9.8 Non-Disputable Items: Goods, products, or services priced under $15 are considered non-disputable. Sellers should clearly indicate non-disputable items in their listings.
9.9 Customer Support Contact: For further assistance with disputes or refund requests, buyers and sellers can contact Chapeda LLC’s customer support at [insert contact information].
10. Verifications, Badges, and Background Checks
11. Limitation of Liability
11.1 General Limitation: To the fullest extent permitted by law, Chapeda LLC, including its affiliates, officers, directors, employees, agents, and partners, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
11.2 Maximum Liability: In no event shall the aggregate liability of Chapeda LLC for all claims related to the platform exceed the greater of one hundred U.S. Dollars (U.S. $100.00) or the amount you paid Chapeda LLC, if any, in the past six months for the services giving rise to the claim.
11.3 Basis of Bargain: The limitations of liability are a fundamental element of the basis of the bargain between you and Chapeda LLC. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. The limitations shall apply to the fullest extent permitted by law.
11.4 Exclusions: The above exclusions and limitations of liability do not apply to the extent prohibited by law (for example, to the extent applicable law prohibits the exclusion or limitation of certain warranties or conditions). These terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
11.5 Risk Acknowledgment: Users acknowledge that participating in physical activities or following advice provided by others on the platform involves inherent risks. Chapeda LLC is not responsible for any harm, injury, or damage that may result from such activities or advice.
11.6 Seller Protection: Sellers on the platform are protected from liability to the extent that they have not committed a crime. This means that as long as sellers act within the bounds of the law, they will not be held liable for claims arising from their use of the platform. Additionally, providing advice that, without intention, leads to injury or harm is also protected, ensuring that sellers are not held responsible for unintended consequences arising from their guidance. It is up to buyers to make sound judgments about the advice that is sold to them, as sellers cannot be held liable for the buyers' decisions based on the provided advice.
12. Intellectual Property
12.1 Ownership: All content, trademarks, service marks, trade names, logos, and intellectual property displayed on the Chapeda LLC platform are the property of Chapeda LLC or its licensors. You may not use, reproduce, distribute, or create derivative works of this content without express written permission from Chapeda LLC or the applicable rights holder.
12.2 User-Generated Content: By submitting content to the Chapeda LLC platform, you grant Chapeda LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation of the platform and Chapeda LLC’s business, including without limitation for promoting and redistributing part or all of the platform in any media formats and through any media channels.
12.3 Content Responsibility: You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the above license to Chapeda LLC. You further agree that you will not post content that infringes upon the intellectual property rights of any third party.
12.4 Reporting Infringement: If you believe that any content on the Chapeda LLC platform infringes upon your intellectual property rights, please notify us promptly with sufficient detail to enable Chapeda LLC to review and address your concerns. Upon receiving a valid notification of claimed infringement, Chapeda LLC will take appropriate actions, which may include removing or disabling access to the infringing content.
12.5 Third-Party Intellectual Property: Chapeda LLC respects the intellectual property rights of others and expects users to do the same. If you infringe upon the rights of third parties, Chapeda LLC reserves the right to terminate your account without notice.
12.6 Use of Chapeda LLC Intellectual Property: You may not use any of Chapeda LLC’s trademarks, logos, or other intellectual property without prior written permission from Chapeda LLC. Unauthorized use may result in legal action for infringement.
13. Indemnity
13.1 User Indemnity: You agree to indemnify, defend, and hold harmless Chapeda LLC, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:
13.2 Notification and Defense: Chapeda LLC will promptly notify you of any such claim, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, liability, or demand. You shall not settle any such matter without the prior written consent of Chapeda LLC. Chapeda LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate with any reasonable requests to assist Chapeda LLC's defense of such matter.
13.3 Third-Party Claims: This indemnity extends to any claims, actions, or demands by third parties alleging matters which, if true, would constitute a breach of these Terms of Service by you.
13.4 Additional Liability: Your indemnification obligation includes any costs and expenses (including reasonable attorneys' fees) incurred by Chapeda LLC in enforcing this indemnity.
13.5 Survival: This indemnity obligation will survive the termination or expiration of these Terms of Service and your use of the platform.
14. Authorization to Contact Users
14.1 Consent to Contact: By using the Chapeda LLC platform, you expressly consent to receive communications from Chapeda LLC, including via email, text message, calls, and push notifications. This includes, but is not limited to, communication about your account, transactions, updates to our services, and other information relevant to your use of the platform.
14.2 Communication Preferences: While you may have the option to opt-out of receiving certain types of communications, you acknowledge that you may not opt-out of receiving important service announcements and administrative messages, which are considered a part of your account membership.
14.3 Consent to Electronic Communications: By providing your contact information, you consent to receive communications from Chapeda LLC electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14.4 Third-Party Communications: You also consent to receive communications from third parties affiliated with Chapeda LLC who may need to contact you regarding transactions or services offered through the platform.
14.5 Automated Calls and Texts: You consent to receive automated calls and text messages from Chapeda LLC or its service providers for purposes of providing the services, including but not limited to, communications concerning your account, transactions, and security alerts.
14.6 Revocation of Consent: If you wish to revoke your consent to receive communications from Chapeda LLC, you may do so by contacting our customer support. Please note that opting out of communications may affect your ability to use certain features of the platform.
15.1 Your privacy is very important to us. We collect, use, and protect users personal information in accordance with our Chapeda LLC Privacy Policy, which is available on our website. This policy provides a detailed explanation of how we collect and use personal information. You can review the full terms at the hyperlink above.
15.2 Key points include:
15.3 You have certain rights regarding your personal information, including the right to access, correct, or delete your data.
15.4 We do not sell users' data. Your personal information is solely used to provide our services.
16.1 This Privacy Policy and any disputes related to it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
16.2 Any dispute, controversy, or claim arising out of or relating to this Privacy Policy, including the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Pensacola, Florida. The arbitration shall be conducted in English.
16.3 The award rendered by the arbitrator(s) shall be final, and judgment on the award may be entered in any court having jurisdiction thereof.
16.4 Notwithstanding the foregoing, either party may seek preliminary injunctive relief in a court of competent jurisdiction in Pensacola, Florida, pending the arbitrator's final decision.
17.1 We reserve the right to modify or update these Terms of Service at any time. Any changes will become effective immediately upon posting the revised Terms of Service on our website. Your continued use of our services following the posting of changes constitutes your acceptance of such changes.
17.2 It is your responsibility to review these Terms of Service periodically to stay informed of any updates. We will notify you of any material changes to these Terms of Service through a prominent notice on our website or by other reasonable means.
17.3 If you do not agree with the modified Terms of Service, you may stop using our services and contact us to close your account, if applicable.
18.1 No Liability for Force Majeure Events: Neither party shall be liable for any failure or delay in performing its obligations under these Terms of Service if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, explosion, governmental actions, war, terrorism, riots, civil disturbances, strikes, labor disputes, pandemics, epidemics, unforeseen increases in demand on our website or any other force majeure event.
18.2 Notification and Mitigation: The affected party shall notify the other party as soon as practicable of the occurrence of a force majeure event and shall use reasonable efforts to mitigate the effects of such event on its performance of the agreement.
18.3 Suspension of Obligations: During the duration of a force majeure event, the obligations of the affected party under these Terms of Service shall be suspended to the extent they are affected by the force majeure event.
18.4 Termination Due to Extended Force Majeure: If the force majeure event continues for a period of more than 30 days, either party may terminate this agreement upon written notice to the other party, without incurring any liability for such termination.
18.5 Resumption of Performance: Upon cessation of the force majeure event, the affected party shall promptly resume performance of its obligations under these Terms of Service.
19.1 Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances in connection with your use of our services. This includes, but is not limited to, laws regarding intellectual property, data protection, privacy, and export control.
19.2 Prohibited Activities: You shall not use our services for any purpose that is unlawful or prohibited by these Terms of Service. Prohibited activities include, but are not limited to:
19.3 Responsibility for Compliance: You are solely responsible for ensuring that your use of our services complies with all applicable laws and regulations. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including but not limited to reporting you to law enforcement authorities.
19.4 Age Restrictions: You must be at least 13 years of age to use our services. By using our services, you represent and warrant that you are at least 13 years old. If we become aware that a user is under the age of 13, we will terminate their account immediately.
20.1 Entire Agreement: These Terms of Service constitute the entire agreement between you and Chapeda LLC regarding the use of our services, superseding any prior agreements or understandings.
20.2 Severability: If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
20.3 Waiver: The failure by either party to enforce any provision of these Terms of Service shall not be construed as a waiver of that provision or any other provision.
20.4 Assignment: You may not assign or transfer your rights and obligations under these Terms of Service without the prior written consent of Chapeda LLC. Chapeda LLC may assign or transfer its rights and obligations under these Terms of Service at any time without restriction.
20.5 Survival: Sections 12 (Intellectual Property Rights), 13 (Indemnification), 11 (Limitation of Liability), 16 (Governing Law and Jurisdiction), and any other provisions which by their nature should survive, will survive termination of these Terms of Service.
20.6 Headings: The headings used in these Terms of Service are for convenience only and do not affect the interpretation of the provisions herein.
20.7 Governing Law and Jurisdiction: These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising under these Terms of Service shall be subject to the exclusive jurisdiction of the courts located in Pensacola, Florida.
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