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Terms of Service

Effective Date: August 6, 2026
Last Updated: August 6, 2026

These Terms of Service (“Terms”) govern your access to and use of the Apex Sports & Fitness website located at www.apexsport.fit, along with any products, programs, coaching services, memberships, digital content, applications, communications, and related services offered by Apex Sports & Fitness LLC.

In these Terms, “Apex,” “we,” “us,” and “our” refer to Apex Sports & Fitness LLC. “You” and “your” refer to the person accessing the website, purchasing a product, enrolling in a program, or using an Apex service.

Please read these Terms carefully. By accessing our website, creating an account, placing an order, downloading a program, enrolling in coaching, or otherwise using our services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use our website or services.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase products or services from Apex.

Individuals under 18 may only use our services or participate in an Apex program with the involvement and permission of a parent or legal guardian. A parent or legal guardian may be required to complete additional registrations, agreements, releases, or waivers before a minor may participate.

By using the website or making a purchase, you represent that the information you provide is accurate and that you meet the applicable eligibility requirements.

2. Changes to These Terms

We may update these Terms periodically to reflect changes to our services, business practices, website features, or legal obligations.

When changes are made, we will update the “Last Updated” date at the top of this page. Material changes may also be communicated through the website, by email, or through another appropriate method.

Your continued use of the website or services after revised Terms become effective constitutes your acceptance of the revised Terms.

3. Privacy

Your use of our website and services is also subject to our Privacy Policy, which explains how we collect, use, retain, and disclose personal information.

By using our services, you acknowledge that you have reviewed the Privacy Policy.

4. Accounts and Account Security

Certain features may require you to create an account.

You agree to:

  • Provide accurate, current, and complete information

  • Keep your account information updated

  • Maintain the confidentiality of your login credentials

  • Restrict unauthorized access to your account and devices

  • Notify Apex promptly if you suspect unauthorized access

  • Accept responsibility for activity conducted through your account

You may not create an account using another person’s identity or provide false or misleading account information.

We may suspend or terminate an account that contains inaccurate information, is used fraudulently, violates these Terms, or creates a security risk.

5. Products and Services

Apex may offer products and services including:

  • Athletic apparel and accessories

  • Dietary supplements

  • Fitness and training equipment

  • Downloadable workout programs

  • Nutrition and meal-planning resources

  • Personal training and coaching

  • Fitness assessments and consultations

  • Online memberships

  • Mobile application access

  • Martial arts or athletic-performance services

  • Other fitness, wellness, or performance-related offerings

The availability, pricing, specifications, ingredients, packaging, features, and descriptions of products or services may change without notice.

We reserve the right to discontinue, modify, substitute, or limit quantities of any product or service.

6. Product Descriptions and Images

We attempt to display product descriptions, colors, designs, sizes, ingredients, features, and photographs accurately. However, the appearance of a product may vary because of device displays, manufacturing changes, lighting, packaging updates, and other factors.

Product images may include digital mockups or promotional representations. Minor differences between an image and the delivered product do not necessarily constitute a defect.

For supplements and consumable products, always review the physical product label, ingredient list, allergen statements, directions, warnings, expiration information, and packaging before use. The information printed on the product should control if it differs from general website content.

7. Orders

Submitting an order constitutes an offer to purchase the selected products or services.

An automated order confirmation does not necessarily mean that we have accepted the order. We reserve the right to accept, reject, limit, or cancel an order for reasons including:

  • Product unavailability

  • Incorrect pricing or product information

  • Suspected fraud or unauthorized activity

  • Payment-processing problems

  • Shipping restrictions

  • Quantity limitations

  • Errors involving promotional offers

  • Violations of these Terms

If we cancel an order after payment has been collected, we will issue an appropriate refund to the original payment method.

Products may not be purchased for unauthorized resale, redistribution, copying, or commercial exploitation.

8. Pricing and Taxes

Prices are displayed in U.S. dollars unless otherwise stated.

Prices may change at any time before an order is submitted. Applicable shipping charges, taxes, processing fees, membership fees, and other charges will be disclosed during checkout or in the applicable service agreement.

You are responsible for applicable sales, use, and similar taxes associated with your purchase unless Apex is legally required to collect them directly.

We may correct pricing or typographical errors, including after an order is submitted. When appropriate, we may contact you to obtain approval before proceeding at a corrected price.

9. Payments

Payments may be processed through Wix Payments, PayPal, credit-card processors, financing providers, or other third-party payment services.

By submitting payment information, you represent that:

  • You are authorized to use the selected payment method

  • The payment information is accurate

  • You authorize Apex and its payment providers to charge the applicable amount

  • You are responsible for charges, taxes, and fees associated with the purchase

Apex does not generally receive or store complete payment-card numbers. Payment providers maintain their own terms, privacy policies, and security practices.

If a payment is declined, reversed, disputed, or charged back, Apex may suspend access to the applicable product, program, account, membership, or service while the matter is investigated.

10. Shipping and Delivery

Shipping estimates are estimates and are not guaranteed delivery dates unless expressly stated otherwise.

Delivery may be affected by inventory, carriers, weather, holidays, incorrect addresses, customs, supply-chain disruptions, or circumstances beyond our control.

You are responsible for providing a complete and accurate shipping address. Apex is not responsible for delays or losses caused by an incorrect or incomplete address supplied by the customer.

Risk of loss and title to physical products pass as provided by applicable law and the shipping arrangement used for the order.

If we cannot ship an order within the timeframe stated during the transaction, we may provide a revised shipping estimate, request consent to the delay, cancel the affected item, or issue a refund as required by applicable law.

11. Returns, Exchanges, and Refunds

Purchases are subject to the refund, return, exchange, and cancellation policies displayed on the website or provided at the time of purchase.

Unless otherwise stated:

  • Returned physical products must be unused, unworn, unwashed, and in their original condition

  • Original tags and packaging must remain attached when applicable

  • Opened supplements, consumable products, personalized merchandise, clearance items, and final-sale products may not be returnable

  • Shipping charges may be nonrefundable unless the product was defective or incorrectly shipped

  • Customers may be responsible for return-shipping expenses

  • Refunds will generally be issued to the original payment method

Contact Apex promptly if a product arrives damaged, defective, incomplete, or different from the item ordered. Photographs or other documentation may be requested.

Nothing in these Terms limits rights that cannot legally be waived under applicable consumer-protection law.

12. Digital Products and Downloadable Programs

Digital products may include workout plans, nutrition resources, educational guides, videos, templates, assessments, and other downloadable or streamed materials.

When you purchase a digital product, Apex grants you a limited, personal, nonexclusive, nontransferable, and revocable license to access and use the product for your own personal, noncommercial purposes.

You may not:

  • Copy or reproduce the program for distribution

  • Share download links or account credentials

  • Resell, sublicense, upload, or republish the program

  • Distribute the program to clients, members, teams, or organizations

  • Remove Apex branding, copyright notices, or watermarks

  • Modify the program and represent it as your own

  • Use the content to create a competing product or service

Except where required by law or stated in a specific refund policy, digital-product purchases may become nonrefundable once the product has been downloaded, accessed, delivered, or made available.

Apex does not guarantee that digital products will remain available indefinitely. You should securely save any authorized downloads when they are provided.

13. Coaching, Training, and Consultation Services

Coaching, personal training, programming, consultations, and similar services may be governed by an additional agreement, intake form, informed-consent document, facility policy, or liability waiver.

When an additional written agreement applies, that agreement will control regarding the specific service if it conflicts with these general Terms.

You are responsible for:

  • Providing accurate information about your goals and experience

  • Disclosing relevant limitations or safety concerns

  • Following instructions and safety precautions

  • Using appropriate equipment and training environments

  • Communicating pain, injury, illness, or adverse reactions

  • Obtaining medical clearance when appropriate

  • Attending scheduled sessions on time

Missed sessions, late cancellations, package expirations, rescheduling, and refunds are governed by the policy disclosed when the service is purchased.

Unless otherwise stated, coaching packages and appointments may not be transferred to another person without written permission from Apex.

14. Memberships and Recurring Billing

Certain services may be sold as recurring memberships or subscriptions.

Before completing a recurring purchase, the applicable checkout page or membership agreement will identify:

  • The amount charged

  • Billing frequency

  • Membership benefits

  • Initial term, if any

  • Automatic-renewal terms

  • Cancellation procedure

  • Any trial or promotional period

  • Material restrictions or commitments

By purchasing a recurring membership, you authorize Apex and its payment providers to charge the selected payment method at the disclosed intervals until the membership is canceled.

You are responsible for canceling before the next applicable billing date to avoid the next recurring charge, subject to the specific membership agreement and applicable law.

Where required, Apex will provide renewal notices and allow cancellation through the same general method used to enroll.

Cancellation stops future renewal charges but does not automatically create a refund for a current or previously billed period unless the applicable membership policy or law provides otherwise.

Apex may change membership pricing or benefits by providing any notice required by the applicable agreement or law.

15. Dietary Supplements and Nutrition Information

Apex may sell dietary supplements or provide general nutrition and meal-planning information.

Dietary supplements and nutrition resources are not intended to replace professional medical care, diagnosis, treatment, or individualized advice from a physician, registered dietitian, pharmacist, or other qualified healthcare professional.

Statements concerning dietary supplements have not been evaluated by the Food and Drug Administration unless expressly indicated. Dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.

Before using a supplement or making a significant change to your diet, consult an appropriate healthcare professional, particularly if you:

  • Are pregnant or nursing

  • Are under 18

  • Have a medical condition

  • Have known allergies

  • Take prescription or over-the-counter medication

  • Are preparing for surgery

  • Participate in drug-tested athletic competition

Use supplements only as directed on their labels. Do not exceed the suggested serving size.

Stop using a product and obtain appropriate medical assistance if you experience an adverse reaction.

You are responsible for reviewing supplement ingredients and determining whether a product complies with the rules of your sport, employer, athletic association, school, military organization, or sanctioning body.

16. Medical and Fitness Disclaimer

Apex provides fitness, educational, motivational, and general wellness information. Apex does not provide medical diagnosis, medical treatment, physical therapy, mental-health treatment, or emergency medical services.

Information provided through our website, programs, coaches, social media, email, applications, or other services is not a substitute for professional medical advice.

Consult a qualified healthcare professional before beginning a new exercise, martial arts, nutrition, supplement, weight-loss, or athletic-performance program, especially if you have an injury, medical condition, physical limitation, or history of health concerns.

Never disregard professional medical advice because of information provided by Apex.

If you believe you are experiencing a medical emergency, stop the activity and contact emergency services immediately.

17. Assumption of Risk

Exercise, strength training, running, conditioning, martial arts, dietary changes, and supplement use involve inherent risks.

These risks may include:

  • Muscle soreness

  • Sprains and strains

  • Falls or collisions

  • Equipment failure

  • Dehydration

  • Heat-related illness

  • Allergic or adverse reactions

  • Aggravation of an existing condition

  • Serious injury

  • Permanent disability

  • Death

By voluntarily participating in an Apex program or using Apex content, you acknowledge these risks and accept responsibility for determining whether an activity or product is appropriate for you.

You agree to stop exercising or using a product if you experience unusual pain, dizziness, faintness, shortness of breath, chest discomfort, an allergic reaction, or another concerning symptom.

These Terms do not replace any separate informed-consent form, participant agreement, facility waiver, or release that may be required before in-person training, martial arts, gym use, events, or other physical participation.

18. No Guaranteed Results

Individual fitness, body-composition, strength, health, athletic, and performance results vary.

Results may depend on factors including:

  • Consistency

  • Effort

  • Training history

  • Age

  • Genetics

  • Nutrition

  • Sleep

  • Recovery

  • Medical conditions

  • Injuries

  • Medication use

  • Adherence to a program

Apex does not guarantee a particular amount of weight loss, muscle gain, strength improvement, competition result, income, athletic achievement, or timeframe.

Testimonials, photographs, reviews, and examples represent individual experiences and should not be interpreted as a promise that every customer will obtain the same result.

19. Intellectual Property

The Apex website and its contents are owned by or licensed to Apex Sports & Fitness LLC and are protected by applicable intellectual-property laws.

Protected content may include:

  • Apex names and logos

  • Product names and branding

  • Website design and graphics

  • Photographs and videos

  • Training programs

  • Exercise descriptions

  • Nutrition resources

  • Written content

  • Artwork and apparel designs

  • Software and application features

  • Marketing materials

  • Digital downloads

Except for the limited personal-use license expressly granted in these Terms, no ownership rights are transferred to you.

You may not copy, reproduce, distribute, sell, modify, display, publish, reverse engineer, scrape, or commercially exploit Apex content without prior written permission.

“Apex Sports & Fitness,” related logos, slogans, collection names, and product names may be trademarks or service marks of Apex Sports & Fitness LLC. You may not use them in a manner likely to cause confusion or imply sponsorship or affiliation without authorization.

20. User Content, Reviews, and Testimonials

You may be permitted to submit reviews, comments, photographs, videos, progress updates, testimonials, questions, or other content.

You retain ownership of content you create. By submitting content to Apex or tagging Apex in content intended to be shared, you grant Apex a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display, and use that content for the purpose for which it was submitted.

Apex will obtain additional permission before using identifiable progress photographs, videos, or personal testimonials in advertising when such permission is reasonably required.

You represent that:

  • You own or have permission to submit the content

  • The content reflects your genuine experience

  • The content is accurate and not misleading

  • The content does not violate another person’s rights

  • Any material connection, compensation, free product, or incentive is properly disclosed

  • The content does not contain unlawful, defamatory, threatening, or harmful material

We may remove user content that violates these Terms, although we are not obligated to monitor every submission.

Apex will not condition a refund, discount, benefit, or service on a customer agreeing not to provide an honest review.

21. Prohibited Conduct

You may not use the website or services to:

  • Violate any applicable law

  • Commit fraud or submit false information

  • Impersonate another person or entity

  • Gain unauthorized access to an account or system

  • Introduce malware, harmful code, or security threats

  • Interfere with website operation or availability

  • Scrape, crawl, or harvest website data without permission

  • Circumvent access, download, payment, or security restrictions

  • Share paid digital content without authorization

  • Infringe intellectual-property or privacy rights

  • Submit deceptive reviews or testimonials

  • Harass, threaten, or abuse Apex personnel or other users

  • Purchase products for unauthorized resale

  • Use Apex content to train or develop a competing commercial service

  • Engage in conduct that could damage Apex, its customers, or its service providers

We may restrict or terminate access if we reasonably believe that prohibited conduct has occurred.

22. Third-Party Services and Links

Our website may integrate with or link to third-party services, including payment processors, social media platforms, shipping carriers, scheduling systems, fitness applications, and website providers.

Apex does not control and is not responsible for third-party content, availability, security, terms, or privacy practices.

Your use of a third-party service may be governed by a separate agreement between you and that provider.

A link or integration does not necessarily constitute an endorsement or guarantee by Apex.

23. Promotions and Discount Codes

Promotions, giveaways, contests, discounts, and coupon codes may be subject to additional terms.

Unless otherwise stated:

  • Offers cannot be combined

  • Discounts have no cash value

  • Codes may be limited to one use per customer

  • Offers may exclude particular products or services

  • Discounts may expire or be withdrawn

  • Promotions may not apply to prior purchases

  • Fraudulent or unauthorized use may result in cancellation

If promotional terms conflict with these Terms, the specific promotional terms will control for that promotion.

24. Website Availability

We do not guarantee that the website, account platform, application, download system, or any feature will be uninterrupted, error-free, or available at all times.

We may perform maintenance, modify features, suspend access, or discontinue services without liability, subject to applicable contractual and legal obligations.

We are not responsible for interruptions caused by hosting providers, internet providers, payment systems, carriers, third-party platforms, cyberattacks, power failures, or circumstances beyond our reasonable control.

25. Disclaimer of Warranties

To the fullest extent permitted by law, the website, content, digital products, and services are provided on an “as is” and “as available” basis.

Except for warranties that cannot legally be excluded, Apex disclaims all express and implied warranties, including implied warranties of:

  • Merchantability

  • Fitness for a particular purpose

  • Noninfringement

  • Accuracy

  • Availability

  • Compatibility

  • Results

We do not warrant that the website will be free of errors, viruses, interruptions, or harmful components.

Any warranties applicable to a physical product will be limited to those expressly provided with that product or required by law.

26. Limitation of Liability

To the fullest extent permitted by law, Apex Sports & Fitness LLC and its owners, officers, employees, trainers, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the website, products, programs, or services.

This may include loss of data, revenue, profits, opportunities, goodwill, or anticipated results.

To the fullest extent permitted by law, Apex’s total liability arising from a particular product, transaction, or service will not exceed the amount you paid Apex for the product or service giving rise to the claim during the 12 months preceding the event.

These limitations do not apply to liability that cannot legally be excluded or limited, including where prohibited by applicable consumer-protection law.

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In those jurisdictions, the limitations will apply only to the maximum extent permitted.

27. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Apex Sports & Fitness LLC and its owners, officers, employees, trainers, contractors, affiliates, and service providers from claims, liabilities, damages, judgments, losses, and reasonable expenses arising from:

  • Your violation of these Terms

  • Your misuse of the website or services

  • Your infringement of another person’s rights

  • Content you submit

  • Fraudulent or unlawful conduct

  • Unauthorized distribution of Apex content

This obligation does not apply to the extent a claim was caused by Apex’s conduct and cannot legally be shifted to you.

28. Suspension and Termination

We may suspend or terminate access to an account, program, membership, digital product, or service if you:

  • Violate these Terms

  • Fail to make required payments

  • Misuse Apex content

  • Engage in fraud or abusive conduct

  • Create a safety or security risk

  • Violate an applicable service agreement

  • Use the services unlawfully

Termination does not eliminate obligations that arose before termination.

Sections concerning payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, disputes, and other provisions that logically should survive will remain effective after termination.

29. Force Majeure

Apex will not be responsible for delay or failure caused by events beyond its reasonable control, including:

  • Severe weather

  • Natural disasters

  • Fire or flooding

  • Public-health emergencies

  • War or civil disturbance

  • Government actions

  • Labor disputes

  • Transportation interruptions

  • Carrier delays

  • Utility or internet failures

  • Cyberattacks

  • Supplier or manufacturing interruptions

When reasonably possible, Apex will attempt to communicate material delays and provide appropriate alternatives.

30. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Before filing a legal claim, you and Apex agree to make a reasonable good-faith effort to resolve the dispute informally.

A written dispute notice should include:

  • Your name and contact information

  • The relevant order or account information

  • A description of the dispute

  • The resolution requested

Notices may be sent to apexsportsfit@gmail.com with the subject line “Legal Dispute Notice.”

Unless applicable law requires otherwise, legal proceedings concerning these Terms will be brought in the appropriate state or federal courts located in Hillsborough County, Florida.

Nothing in this section prevents either party from seeking relief in small-claims court when the claim qualifies.

31. Electronic Communications

By using the website or providing an email address, you consent to receive electronic communications relating to transactions, accounts, programs, policies, and services.

Electronic notices satisfy legal requirements that communications be provided in writing to the extent permitted by law.

You are responsible for keeping your contact information current.

Marketing communications remain subject to the opt-out choices described in our Privacy Policy.

32. Severability

If a provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the greatest extent permitted, and the remaining provisions will remain effective.

33. No Waiver

Apex’s failure to enforce a provision of these Terms does not waive its right to enforce that provision later.

A waiver is effective only when made in writing by an authorized representative of Apex.

34. Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written permission from Apex.

Apex may assign these Terms as part of a merger, acquisition, financing, reorganization, asset sale, corporate restructuring, or transfer of its business.

35. Entire Agreement

These Terms, the Privacy Policy, posted refund and shipping policies, and any applicable service agreement constitute the entire agreement concerning your use of the applicable Apex website, product, or service.

A specific written coaching agreement, membership agreement, waiver, or purchase policy may contain additional terms. When a specific agreement conflicts with these general Terms, the specific agreement will control regarding the subject it addresses.

36. Contact Information

Questions about these Terms may be directed to:

Apex Sports & Fitness LLC
Tampa, Florida
Email: apexsportsfit@gmail.com
Website: www.apexsport.fit
 

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