AP Performance Terms of Service

This agreement was last updated on March 3rd, 2019.

Please Read Carefully Before Accessing Or Using This Website: The following terms of service (“Terms of Service”) govern your use of the apperform.com website (the “Site”) and by using the Site and/or service accessed through the Site (“Service”), both of which are owned and operated by AP Performance LLC (“AP Performance”). By using the Site and/or Service, you are irrevocably agreeing to the following Terms of Service.

AP Performance reserves the right to modify the Terms of Service at any time in its sole discretion, and without any prior notice to you, to comply with laws or to meet our changing business requirements. You agree to review the Terms of Service frequently to be aware of such modifications, and your continued access or use of the Site shall be deemed as your acceptance of the Terms of Service including any modifications made. Any continued use by you of the Site and/or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.

Description of Service

AP Performance shall provide one of the following programs of Customer’s choosing as indicated upon signup.
  
Private Coaching includes and is limited to the following:

The AP Performance VIP Body Transformation Program includes and is limited to the following:
1. Customized Nutrition Plan
2. Complete Training Program
3. Supplementation Protocol
4. Access to VIP Group on Facebook
5. Written Weekly Coaching Check in Assessment

Courses include and are limited to the following:

AP COVID-19 Workout Warriors:
1. How to calculate calories
2. How to calculate macros
3. How to implement nutrient timing with nutrition
4. Private Facebook Group Accountability Access
5. Weekly Group Coaching Call
6. At Home Workouts

AP Peak Performance Accelerator:
1. How to adjust macros for plateau
2. How to combat cravings
3. How to eat when traveling
4. What to do if you completely binged
5. How to prepare meals for the week
6. How to go food shopping on a budget
7. What seasonings/spices to use
8. What are good recipes
9. Supplementation guidance
10. Nutrition to help digestion
11. Nutrition for people who have a hard time gaining weight

Payments and Refunds

You agree to pay all fees associated with using the Service, in US Dollars, by providing a credit card, debit card, paypal, or otherwise agreed upon payment method accepted by AP Performance for the Service. You agree to make full payments regardless of use, or lack of use, of the Services during the term of the Agreement. 

Private Coaching:

All sales are final and non refundable. Payments can be made in full, 50% up front and 50% after 30 days, or a percentage monthly until complete. 

Courses:

One time payments for a course(s) will be made in full at sign up. 
Monthly payments for subscription courses will occur on the day of sign up and continue on the same day each month thereafter. At any time purchaser can cancel and will be given access for the remainder of the payment period, no refunds will be issued as the nature of the program involves upfront delivery of assets.

Disputes

Any cause of action by you with respect to our Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

Cancellation and Termination

You may request cancellation at any time by submitting the request in writing to austin@apperform.com.

AP Performance reserves the right to terminate this Agreement for any reason and at any time. 

Use of the Site

You must only use the AP Performance Site and Service for lawful purposes, and you must not use them in a way that restricts or inhibits anyone else’s enjoyment of any of the services provided by AP Performance. No material shall be stored or transmitted which infringes or violates the rights of others, which is obscene, profane, threatening, defamatory, or invasive of privacy rights. By using the Site and any AP Performance services, you expressly acknowledge that you may not modify, copy, reproduce, republish, post, distribute, or improperly use any content on the Site, including text, graphics, code and/or software.

The contents of our Site and services are protected by intellectual property law. You do not own rights to any program, blog post, software, application, art, graphics, images, photos, videos, social media, recording or other materials viewed or or listened to through or from our Site or via our application. The posting of data on our Site or social media, such as a photograph of your results, does not change this fact and does not give you any right to the data. You surrender any rights to your content once it becomes a part of our Site. You agree to grant our Site a non-exclusive, royalty-free, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and perform an materials and information you submit to any public areas of our Site, e-mail, or social media. You also grant our Site the right to use your name in connection with the submitted materials for use in advertising, marketing, and promotional material. You agree that you shall have no recourse against our Site for any alleged or actual use of your communications to our Site.

You are granted a nonexclusive, non-transferable, revocable license to use our Site for private, personal, noncommercial reasons. You are permitted to print and download material from the Site solely for your own non-commercial use. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. If you violate any of the terms or conditions, your permission to use the content will be terminated and you must immediately delete or destroy any copies you have made of the content.

You may not disrupt or interfere with the security of, or otherwise abuse, the AP Performance services or any services, accounts, servers, or networks connected to or accessible through the AP Performance or linked sites. You are strictly prohibited from accessing content, data, or services which are not intended for you, or log into a server or account that you are not authorized to access, share or use another individual’s account information, or harvest or collect information about AP Performance users including email addresses and phone numbers.

Indemnification

By accepting this Agreement, you irrevocably agree to indemnify, defend, and hold AP Performance and its affiliates, directors, officers, employees and agents harmless from all claims, judgments, costs, expenses, liabilities and attorney fees arising out of or related to any third party claim resulting from a breach by you of any of your covenants, representations, or warranties contained in these Terms of Service and/or your use of the Site and/or the Service.

Disclaimer of Warranties

You acknowledge and agree to the AP Performance Service, including without limitation, any products, goods, services, websites, applications, as well as fitness, nutrition, and wellness content and advice, or any other information provided are “as is” and “as available”, with all faults, errors, and omissions, and without any performance assurances or guarantees of any kind. We disclaim any and all warranties, conditions, and representation, express or implied, regarding the services. We further make no guarantee or warranty as to the health, wellness, and fitness goals, results, or outcomes that may be achieved through the use of the services. You agree to use the AP Performance Services at your sole risk, and you will not hold AP Performance responsible for any loss or damage that results from your use of the services.
Data contained on or made available through our Site is not intended to be, and does not constitute, medical or health advice. Our Site, and your use of it, does not create a physician-patient relationship.

Liability

Austin Paulsen will not be liable for any accidental injury that may be caused during training under his coaching. He is also not a doctor or a registered dietitian and is not prescribing any specific dietary action to treat illness/disease. Austin Paulsen is only recommending that you follow the guidelines he sets out of nutrition, supplementation, and training. It is recommended that you seek a qualified medical physician before conducting any sort of physical exercise.

Your use of our Site or material linked to our Site is completely at your own risk. You assume total responsibility and risk for your use of our Site and services. We do not warrant that our Site will operate error-free or that our Site and its servers are free of computer viruses. If your use of our Site or the content results in the need for servicing or replacing equipment or data, our Site is not responsible for those costs.

In no event and under no circumstances, including but not limited to negligence, will AP Performance be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special, or consequential damages whatsoever, including lost profits, loss of materials, loss of content, costs of procuring substitute goods and services, and property damage, that result from the use of, or the inability to use, the Site, the conduct or actions of any other person or entity, even if we have been advised of the possibility of such damages; and any transaction conducted through or facilitated by the Site.

In the event AP Performance is found liable, the total liability of AP Performance to you for all damages, losses, and causes of action whether in contract, tort (including but not limited to negligence) or otherwise shall under no circumstances not exceed the amount paid by you in the past three (3) months, if any, or $100, whichever is less.

Severability

If any provision of these Terms of Service is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions of these Terms of Service.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement. 

Waiver

Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.

Entire Agreement

Both parties agree that this Agreement is the complete, exclusive and entire agreement and understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. The section headings and titles in these Terms and this Agreement are for convenience only and have no legal or contractual effect.

Choice of Law and Forum

The enforcement of this agreement shall be interpreted under the laws of Wyoming. AP Performance and you agree to submit to the exclusive jurisdiction of the courts located in Wyoming.