These Terms of Use (“Terms”) apply to your access to and use of the website and other online products and services (collectively, our “Services”) provided by APX LLC. (“APX,” “we,” “us” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.

​

These Terms do not alter in any way the terms or conditions of any other agreement you may have with APX for products, services, or otherwise. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf, and that such person or entity will be responsible to APX if you violate these Terms.

​

1. Eligibility, Registration, and Account

By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) will not offer training services from more than one APX account without our express permission, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

​

To access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current, and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer, and device; (iv) promptly notify APX if you discover or otherwise suspect any security breaches related to our Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

 

To facilitate the seamless provision of our Services, you are required to furnish APX with accurate, up-to-date, and comprehensive information about your business objectives, target audience demographics, existing social media presence, and any other pertinent details as may be requested (b) You bear sole responsibility for maintaining the confidentiality and security of your account credentials. Any unauthorized access or activities conducted under your account are your sole liability. (c) You expressly agree to utilize the Services solely for legitimate and authorized purposes, refraining from engaging in any activities that contravene applicable laws, regulations, or ethical standards, or that infringe upon the rights of others.

​

2. Communications Preferences

By creating an APX account, you consent to receive electronic communications from APX (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.

 

4. Our Services Offer a Venue

Our Services offer tools, resources, and a venue to connect those seeking athletic training with those seeking to provide training services. APX: (a) does not employ, recommend, or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about your interactions or dealings with other users except as expressly stated on our Services; and (d) does not screen users or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. Regardless of whether APX screens users or performs a background check, you should exercise caution and perform your screening before connecting or meeting with any other user through our Services, entering into a contract or agreement with any other user, or obtaining any services. APX hereby expressly disclaims, and you hereby expressly release APX from, any liability whatsoever for any controversies, claims, suits, injuries, loss, harm, or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk.

​

4. User Transactions; Release

Our Services may be used to help obtain or offer training services provided by users and to facilitate payment for such services. However, users transact solely between themselves and APX is not a party to any transactions between users. APX hereby expressly disclaims, and you hereby expressly release APX from, any liability whatsoever for any controversies, claims, suits, injuries, loss, harm, or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.

If you offer training services, the first and all future bookings with APX users must be booked via our Services. Failure to abide by this policy may result in suspension from our Services.

​

5. Payment Terms

​

5.1. Training Sessions; Expiration

You may use our Services to schedule and purchase one or more training sessions. Any training sessions purchased through our Services must be scheduled and completed within one year of the purchase date. Any training sessions not scheduled and completed within one year of purchase are forfeited and you will not be issued a refund.

​

5.2. Gifts Certificates

You can purchase gift certificates through our Services that may be redeemed for training services. When you purchase a gift certificate, we will send an email to the recipient that can be used to redeem the gift certificate. The recipient will be required to create an APX account to access our Services and redeem the gift certificate. Gift certificates are not refundable or redeemable for cash unless otherwise required by applicable law. However, gift certificates do not expire, and any unused balance will be placed in the recipient’s APX account. If the recipient’s purchase exceeds the amount of the gift certificate, the balance must be paid with a credit card or other available payment method.

​

5.3. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter to proceed with your Order. In the event you want to change or update payment information associated with your APX account, you can do so at any time by logging into your account and editing your payment information.

​

You acknowledge that the amount billed may vary due to promotional offers, changes to your training sessions, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

​

Payment processing services for trainers on APX are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a trainer on APX, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of APX enabling payment processing services through Stripe, you agree to provide APX with accurate and complete information about you and your business, and you authorize APX to share transaction information related to your use of the payment processing services provided by Stripe.

​

5.4. Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) without providing you prior notice.

​

Training sessions are subject to availability, and we reserve the right to cancel all or part of a training session and to discontinue making certain training services available through our Services without prior notice.

​

5.5. Returns and Refunds

If you are dissatisfied with a trainer or training session for any reason, please contact us at support.apxtraining.com within fourteen (14) days of the date you completed your first training session and we will provide you a full refund of the purchase price for that training session (unless otherwise specified during a promotion or special offer). If you do not comply with the terms of this section, you will be ineligible to receive a refund. Any training sessions completed after 90 days from the purchase date will be eligible for a merchant credit but ineligible for a refund.

APX offers a 14-day return policy commencing from the date of commencement of SMMA Services. Should you, for any reason, be dissatisfied with the quality or effectiveness of the Services within this timeframe, you may request a full refund of any fees paid for the Services.

 

b. To initiate a return, please contact our dedicated support team within the specified timeframe, providing detailed reasons for your dissatisfaction. APX reserves the right to assess the validity of refund requests on a case-by-case basis.

 

6. Copyright and Limited License

Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the APX Fitness & Athletics logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of APX or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

​

Subject to these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures, or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by APX in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials by these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of APX, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

​

Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by APX or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

​

7. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify APX’s Designated Agent at support.apxtraining.com.

​

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by APX or the alleged infringer as the result of APX’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

​

8. Trademarks

“APX,” the APX Fitness & Athletics logos, and any other product or service name or slogan contained on our Services are trademarks of APX and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of APX or the applicable trademark holder.

​

You may not use any metatags or any other hidden text utilizing “APX” or any other name, trademark, or product or service name of APX without APX’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of APX and may not be copied, imitated, or used, in whole or in part, without APX’s prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by APX.

​

9. Third-Party Content

Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). APX does not own, control, or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that APX is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your access and use of such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement, or adoption by APX of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties, or representations associated with such dealings or promotional offers, are solely between you and such third party. APX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that APX’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate from our Services.

​

10. User Content and Interactive Areas

Our Services include interactive areas and features (“Interactive Areas”) that allow you or other users to create, post, share, or store text, photos, videos, and other materials (collectively, “User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others. You are solely responsible for your User Content and for your use of any Interactive Areas.

You will not post, upload to, transmit, distribute, store, create, or otherwise publish or send through our Services any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable;

• User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;

• User Content that may infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party;

• User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;

• User Content that contains personal information about any person, including, without limitation, names, addresses, email addresses, or credit card information without that person’s permission;

• User Content that impersonates or misrepresents your affiliation with any person or entity;

• Unsolicited promotions, political campaigning, advertising, or solicitations;

• Viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or

• User Content that, in the sole judgment of APX, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose APX or its users to any harm or liability of any type.

APX does not control, take responsibility for, or assume liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage to such User Content. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk.

​

11. Rights to User Content

APX claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and APX. However, if you submit or post User Content to our Services unless APX indicates otherwise, you grant APX a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with APX’s marketing and promotional activities. You further grant APX and APX’s sublicensees the right to use the name that you submit in connection with User Content if they choose.

 

​By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.

 

12. Acceptable Use of Our Services

Your use of our Services will not violate any law, contract, intellectual property, or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:

• Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;

• Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;

• Attempt to indicate in any manner that you have a relationship with APX or that APX has endorsed you or any services for any purpose unless APX has provided written permission to do so;

• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, or harvest or collect the email addresses or other contact information of other users to send spam or other commercial messages;

• Attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of our Services (except as otherwise expressly permitted by law);

• Access, use, or attempt to access or use another's account without authorization from such user and APX;

• Develop any third-party application that interacts with User Content or our Services without APX’s prior written consent;

• Use any robot, iframe, spider, crawler, scraper, or other automated means or interface not provided or authorized by APX to access our Services, including, without limitation, for copying, extracting, aggregating, displaying, publishing, or distributing any content or data made available via our Services;

• Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

​

13. Feedback

Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, regarding our Services or APX (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of APX. APX will own, and you hereby assign to APX, all rights, title, and interest, including all intellectual property rights, in and to such Feedback, and APX will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by APX to confirm such assignment to APX.

​

14. Indemnification

You will defend, indemnify, and hold harmless APX, its independent contractors, service providers and consultants, and their respective directors, officers, employees, and agents (collectively, “APX Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.

​

15. Disclaimers

We do not control, endorse, or take responsibility for any third-party content available on or linked to our Services, including User Content.

​

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, APX does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While APX attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

16. Limitation of Liability

APX and the other APX Parties will not be liable to you under any theory of liability—whether based on contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special, or punitive damages or lost profits, to the fullest extent permitted by the applicable law, even if APX or the other APX Parties have been advised of the possibility of such damages. The limitations of liability set for in this section will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose.

​

The total liability of APX and the other APX Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the amount paid, if any, by you to access or use our Services or (b) $100.

The limitations outlined in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of APX or the other APX Parties.

​

17. Assumption of Risk

You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.

​

18. Modifications to Our Services

APX reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that APX will not be liable for any modification, suspension, or discontinuance of our Services, or any part thereof.

19. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH APX AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.

​

19.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Sections 10 or 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and APX agree (a) to waive your and APX’s respective rights to have any Disputes arising from or related to these Terms, our Services or the products and services available on our Services, resolved in a court, and (b) to waive your and APX’s respective rights to a jury trial. Instead, you and APX agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

​

19.2. No Class Arbitrations, Class Actions, or Representative Actions

You and APX agree that any Dispute arising out of or related to these Terms, our Services, or the products and services available on our Services is personal to you and APX and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and APX agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and APX agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.

​

19.3. Federal Arbitration Act

You and APX agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be both substantively and procedurally governed by and construed and enforced by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

​

19.4. Notice; Informal Dispute Resolution

You and APX agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to APX will be sent by certified mail or courier to 2655 First St. Simi Valley, California. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your APX account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number, and email address at which we can be contacted concerning the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and APX cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or APX may, as appropriate and by this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 19.1, file a claim in court.

​

19.5. Process

Except for Disputes arising out of or related to a violation of Sections 10 or 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and APX agree that any Dispute must be commenced or filed by you or APX within one (1) year of the date the Dispute arose, otherwise, the underlying claim is permanently barred (which means that you and APX will no longer have the right to assert such claim regarding the Dispute). You and APX agree that (a) any arbitration will occur in Los Angeles, California, and (b) arbitration will be conducted confidentially by a single arbitrator by the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

​

19.6. Authority of Arbitrator

As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in a court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

​

19.7. Severability

If any term, clause, or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 19 will remain valid and enforceable. Further, the waivers outlined in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

​

19.8 Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19 by writing to support.apxtraining.com. To be effective, the opt-out notice must include your full name and indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes by Section 

​

20. Applicable Law and Venue

These Terms and your use of our Services will be governed by and construed by the laws of Boston, without resorting to its conflict of law provisions. To the extent the arbitration provision in Section 19 does not apply, you agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

​

21. Termination

APX reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent your future access to and use of our Services.

​

22. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access to and use of our Services, after we provide notice, will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

​

23. Severability

If any provision of these Terms will be deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

 

24. Notice for California Users

Under California Civil Code Section 1789.3, California users of our Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210.

​

25. Miscellaneous

These Terms constitute the entire agreement between you and APX relating to your access to and use of our Services and your order, receipt, and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of APX. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance. APX’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

​

25.1. Star Rating

New clients must rate their first session to assess trainer performance and maintain our high-quality service. We only work with trainers with 3+ star ratings. The ratings below may result in reassignment or contract termination. By signing this contract, you agree to provide a star rating after your first session and understand that high ratings are crucial to our trainer selection process.

​

25.2. Pricing

APX and Trainer agree that the prices charged by Trainer for its services shall be increased by a markup of 20% to 30% above Trainer's standard prices. APX will communicate the new prices to Customers and ensure that they are reflected in any marketing materials.

​

25.3. Website 

The trainer agrees to allow APX to list its services on the APX website, including a description of the Trainer's qualifications and experience. Trainer acknowledges that APX has full discretion to determine how its services are presented on the website. (b) APX takes immense pride in offering a comprehensive suite of specialized Social Media Marketing Agency (SMMA) services tailored explicitly to cater to the unique needs and objectives of trainers and fitness professionals. Our Services encompass an extensive array of offerings, including strategic social media management, personalized content creation, targeted advertising campaigns, sophisticated analytics solutions, and dedicated consultancy services. Through a potent blend of innovation, expertise, and client-centricity, we endeavor to empower you to amplify your digital presence, augment brand visibility, and cultivate enduring connections with your target audience.

​

25.4 Background Check.

To ensure the safety and security of our platform and community, as a part of the application process, APX reserves the right to conduct background checks on trainers. If taking the Trainer Application on the APX website at https://www.apxtraining.com, by submitting your application and clicking "Submit" at the end of the application, you authorize APX to request the following checks: ID Verification, National Criminal Check, and Sex Offender Check, and you agree to our Terms of Service and Privacy Policy.

​

Questions & Contact Information

Questions or comments about our Services may be directed to our contact page.

​

© 2023 APX LLC.