Terms of Service Agreement.

Introduction

These Terms of Service are an agreement between La Pana Sana Inc and you, a user of our web site and Pana Sana Inc products and services. Please read this agreement carefully. By using products and services available through the Site or from La Pana Sana Wellness Club, you agree to be bound by these Terms of Service as well as our Privacy Policy written below. Any new features of our products, services and web site, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some products and services offered through our company and web site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions. Any new features of our web site, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some services offered through our web site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.

We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.

THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEB SITE. BY ACCESSING, DOWNLOADING, OR USING THE WEB SITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEB SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD WITHOUT PARENTAL CONSENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEB SITE.

Our Content; Proprietary Rights

Through our web site, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our web site, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our web site and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy. The name La Pana Sana Inc. and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of La Pana Sana Inc in the United States and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Third-Party Links

We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites.

Your Account

If you choose to purchase a product or service offered on our web site, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

Eligibility;

Age Restriction

Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web site. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.

Payment Processing;

Order Fulfillment

Our web site is hosted by Uscreen, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Uscreen, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Elevate by Rowen and Uscreen from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination. Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high quality viewing experience, neither we, nor Uscreen, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Uscreen will notify us so that we may fulfill the order directly.

Acceptable Use

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our web site.

Unacceptable Use

You shall not:

modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site;
remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content;
“frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at https://lapanasana.com/ or the URLs provided by us to you for such purposes, without our prior written authorization;
use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or
harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law.
Reporting Copyright Infringement

Indemnification

You agree to defend, indemnify and hold harmless Elevate by Rowen and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

TERMS OF ENROLLMENT

The following Terms of Enrollment govern your participation in the Program presented by Elevate by Rowen. Please read these Terms of Enrollment carefully. By visiting and using the Program Portal/Membership Site you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Use and Privacy Policy.

The Pana Sana Wellness Club + Coaching Program Membership includes:

Access to Pana Sana Wellness club membership portal available at https://lapanasana.com/pages/wellness-club
Access to all classes and other exclusive content performed and/or presented at https://lapanasana.com/pages/wellness-club
We are committed to providing all participants with a positive experience. Thus, Pana Sana Wellness Club may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
you become disruptive or difficult to work with;
you fail to follow the program guidelines; or,
you impair the participation of our instructors or participants in our program(s).

You hereby acknowledge and agree that:

The content provided by La Pana Sana Inc or La Pana Sana Wellness Club + Coaching program is not intended as a substitute for, or in lieu of, other health and wellness training, certification, accreditation and/or licensing.
Your activities in the health and wellness field remain subject to your education, qualifications and licensure.

Content

Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
We assume no responsibility for errors, technical issues or omissions that may appear in any program materials, live and/or on demand.
Usernames and passwords may not be shared with any third-parties.
Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
We maintain the right to delete, change, adjust any of the existing content presented at https://lapanasana.com/
We maintain the right to cancel and/or postpone any live and/or on demand events, classes, content, programs.

Memberships and Fees

Billing

Members are billed on an recurring monthly or annual basis based on the original sign-up date. Member rates are locked in meaning their rate will stay the same for as long as they are a member, regardless of public pricing increases.

Termination

These Terms shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Cancellation and Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Monthly and annual Pana Sana Wellness Club by La Pana Sana Inc members can cancel at any time to end future payment obligations. Annual members can terminate within 7 days of enrollment and email weblapanasana@gmail.com to request a full refund. Thereafter refunds are not permitted. Active members may cancel their membership through their account settings after logging in at www.lapanasana.com and will continue to receive access to their resources for the remainder of their paid membership. After membership has been terminated, members will not have access to any membership resources. Trial members must cancel before the end of the trial period if they do not wish to continue the Pana Sana Wellness Club or Pana Sana Wellness Club + Coaching Program Membership. Trial members may cancel their subscription anytime and are not eligible for a refund.

Liability Waiver La Pana Sana Wellness Club + Coaching Program by La Pana Sana Inc.

Please read the following Liability Waiver ("Agreement") carefully before confirming your membership with Pana Sana Wellness Club or Pana Sana Wellness Club + Coaching Program Membership by La Pana Sana Inc. By accepting this Agreement, you acknowledge that you have read, understood, and agree to be bound by its terms. This Agreement constitutes a legally binding contract between you ("Member") and La Pana Sana Inc. ("Company").

Assumption of Risk: You, the undersigned Member, understand and acknowledge that participation in any fitness class or exercise program, whether in-person or through online videos provided by La Pana Sana Inc, involves inherent risks and hazards. These risks include, but are not limited to, the risk of physical injury or illness. You voluntarily assume full responsibility for any and all risks associated with your participation in these activities.
Release and Waiver of Liability: In consideration of being allowed to access and use the Pana Sana Wellness Club online fitness video platform & in-person activities and its associated services, you, on behalf of yourself, your heirs, executors, administrators, and assigns, hereby release and discharge La Pana Sana Inc, its owners, employees, instructors, contractors, and affiliates (collectively referred to as "Released Parties") from any and all claims, liabilities, damages, losses, costs, or expenses (including attorney fees) arising from or in any way connected with your participation in the fitness classes or exercise programs provided by La Pana Sana Inc.
Disclaimer of Medical Advice: You understand and acknowledge that the fitness classes, exercise programs, and any related content provided by La Pana Sana Inc are not intended as a substitute for professional medical advice, diagnosis, or treatment. The information and guidance provided by La Pana Sana Inc should not be interpreted as a recommendation or endorsement of any specific exercise or program. It is important to consult with a qualified healthcare professional or doctor before starting any fitness regimen or exercise program, particularly if you have any pre-existing medical conditions, injuries, or if you are pregnant.
Acknowledgment of Physical Fitness: You certify that you are in good physical condition and have no known medical conditions that would prevent your participation in the fitness classes or exercise programs provided by La Pana Sana Inc. You understand that it is your responsibility to monitor your own physical condition throughout your participation and to immediately discontinue any activity that causes discomfort, pain, or any other unusual symptoms.
Indemnification: You agree to indemnify, defend, and hold harmless La Pana Sana Inc and its Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including attorney fees) arising from or in any way connected with your use of the online fitness video platform, your participation in the fitness classes or exercise programs, or any breach of this Agreement.

You have carefully read this Liability Waiver and fully understand its contents. You are aware that by confirming your membership with Pana Sana Wellness Club or Pana Sana Wellness Club + Coaching Program Membership by La Pana Sana Inc, you are waiving certain legal rights you or your heirs, executors, administrators, and assigns may have against the Company and its Released Parties. You voluntarily agree to be bound by this Agreement and acknowledge that it is a complete and unconditional release of all liability to the greatest extent allowed by law.

By confirming your monthly membership, you hereby acknowledge and agree to the terms and conditions stated above.

Miscellaneous

These Terms and our Privacy Policy constitute the entire agreement between you and La Pana Sana Inc. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Modifications

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that La Pana Sana Inc shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information

Contact Us

If you have any questions or comments regarding these Terms or our Privacy Policy you can contact us at: weblapanasana@gmail.com.com

These Terms of Service and this Privacy Policy are effective as of August 20th, 2023.