By visiting and using https://www.apexfunctionalhealth.com/ (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits, and/or views the website. Apex Functional Health (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions at its sole discretion at any time without notice, and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.

Your continued use of the website after posting any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

Intended Age

All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website.

Privacy Policy

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

Disclaimer

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

Mandatory Arbitration and Governing Law

You expressly waive your right to bring any legal claims, now or in the future, arising out of or related to the website and our products/services.

In the event of any dispute, claim, or controversy arising out of or relating to your use of this website, these terms and conditions shall be construed in accordance with the rules and regulations of the State of Florida.

You agree to consent and submit to the jurisdiction of the state and federal courts located in Florida without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.

You agree to resolve any disputes or claims first through mandatory arbitration in Florida and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure.

You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

Intellectual Property

All content on this website, including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”), is owned by Apex Functional Health and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferable, informational, and educational use only, while ensuring that it does not violate any copyright, trademark, intellectual property, or proprietary rights.

You agree not to:

• Copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent.
• Violate any copyright, trademark laws, or intellectual property rights.

You shall be solely responsible for any violations of these terms and conditions.

User Content and Lawful Use of the Website

For any Content or information that you upload, display, post, transmit, send, email, or submit to us on the website or on any of our social media sites, you warrant that:

• You are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content.
• You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, copy, distribute, display, edit, or reproduce your Content for any purpose.

You agree not to submit any information or Content that:

• Is illegal, defamatory, abusive, obscene, vulgar, hateful, threatening, or violates the rights of others.
• Contains malicious software such as spyware, computer viruses, or other harmful programs.
• Attempts to gain unauthorized access to the website.
• Disrupts or interferes with the website’s functionality.

You shall be liable for damages resulting from the violation of these Terms and Conditions.

Third-Party Links

The website may contain links to third-party websites for your convenience. Apex Functional Health does not own or control these third-party websites.

Once you click on a third-party link, you are no longer bound by our Terms and Conditions. You assume all risks for using third-party websites, and we shall not be liable for any damages resulting from their use.

Users of Our Paid and Free Products

We may offer free products for you to download and also sell paid courses, programs, physical or digital products (collectively, “products”) on this website.

• All products and services, including content, are protected by copyright laws.
• You may print or download digital products for personal, non-commercial, non-transferable use only.
• You may not share, sell, modify, edit, or distribute our products without express written consent.

You shall be solely responsible for any violations of copyright, trademark laws, and intellectual property rights.

Termination

We reserve the right to:

• Refuse, remove, or restrict your access to the website.
• Revoke and terminate your use of the website, at any time, without notice.

All sales of products and/or services on this website are final, and no refunds will be issued.

No Warranties

ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do not guarantee that:

• The website will meet your requirements.
• The content is complete, current, or error-free.

Limitation of Liability

You agree that under no circumstances shall we, including our officers, employees, shareholders, and affiliates, be liable for:

• Errors, omissions, or failures of the website.
• Financial, personal, or business losses resulting from the use of our products/services.
• Unauthorized access to your information by third parties.

Indemnification

You agree to indemnify and hold harmless Apex Functional Health, including our officers, employees, shareholders, and affiliates, from any losses, claims, damages, liabilities, or legal costs resulting from:

• Your actions or use of the website.
• Violation of any laws or regulations.
• Infringement of intellectual property or other rights.

Entire Agreement

These Terms and Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Apex Functional Health.