These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "You") and OX Fitness

("Company," "we," "our," or "us"), governing your access to and use of the website located at https://oxfitness.net (the "Site") and our related services, programs, and products. By accessing or using the Site and our services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Site or any of the services provided by OX Fitness.

1. Acceptance of Terms

By using the Site, you acknowledge that you have read, understood, and agree to these Terms, as well as our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, please do not use the Site. Your continued use of the Site constitutes your acceptance of any future changes or updates to the Terms.

2. Use of the Site and Services

The Site and its content are provided for informational purposes only and do not constitute professional advice. Your use of our fitness programs, personal training services, or any other content available on the Site is at your own risk, and you are responsible for your actions based on the information provided.

Eligibility: You must be at least 18 years of age or have parental consent to use our services.

Prohibited Uses: You agree not to use the Site for any unlawful or prohibited purpose. You may not interfere with the operation of the Site, violate its security, or submit false or misleading information.

3. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of OX Fitness or its licensors and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use, copying, reproduction, distribution, or modification of the Site’s content is prohibited without the prior written consent of OX Fitness.

4. Services and Payments

OX Fitness offers a variety of services, including but not limited to fitness coaching programs, personal training, and fitness plans. Payment for these services is required at the time of purchase or subscription, and the details of such services and pricing are provided on the Site.

Billing Information: You agree to provide accurate and complete billing information when purchasing services. We reserve the right to cancel or suspend your access to services if we are unable to process your payment or if the information provided is fraudulent.

Refunds: Refund policies for our services, if applicable, will be provided at the time of purchase. Please refer to specific service agreements for detailed refund terms.

5. SMS Messaging Program

As part of our services, we may send SMS updates or promotional messages to your mobile device. By opting in to receive these messages, you agree to the following terms:

Opting Out: You can cancel the SMS service at any time by texting "STOP" to the shortcode provided. Upon receipt of your request, you will no longer receive SMS messages from us. To resume receiving messages, you must opt-in again.

Assistance: If you experience issues with the SMS messaging program, reply "HELP" for assistance, or contact us directly at (623) 212-3987.

Message Frequency and Charges: Message frequency will vary depending on your interactions with our services. Standard message and data rates may apply based on your wireless plan.

Third-Party Liability: Your carrier is not liable for any delayed or undelivered messages.

6. Links to Third-Party Websites

The Site may contain links to external websites or resources operated by third parties. These links are provided for your convenience only. OX Fitness is not responsible for the content, services, or privacy practices of these third-party websites. You access these websites at your own risk, and we encourage you to review their terms and policies.

7. Limitation of Liability

To the fullest extent permitted by applicable law, OX Fitness and its affiliates, directors, officers, employees, agents, or licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or services, including but not limited to errors or omissions in content, loss or damage resulting from reliance on the content, or any interruption, delay, or failure of performance.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless OX Fitness, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with:

Your use or misuse of the Site or our services;

Your breach of these Terms;

Your violation of any rights of third parties, including intellectual property or privacy rights.

9. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the use of the Site shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona.

10. Changes to the Terms

OX Fitness reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms periodically. Continued use of the Site following any modifications to the Terms constitutes your acceptance of the revised Terms.

11. Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining terms.

12. Termination

We reserve the right to terminate or suspend your access to the Site and our services, at our sole discretion, without notice, for any conduct that we believe violates these Terms or is harmful to us or other users.

13. Contact Information

If you have any questions or concerns regarding these Terms, or if you require further assistance, you may contact us at:

OX Fitness

Address: 67 South Higley Road Suite 110, Gilbert, AZ 85296 Morrison Ranch

Phone: (623) 212-3987

Effective Date: October 1, 2024