1. Acceptance of Terms

These Terms of Use (together with all documents expressly incorporated herein by reference, the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and DFXCrossFit together with its affiliates, employees, contractors, successors, and assigns (“Company,” “we,” “our,” or “us”), governing your access to and use of this website (together with all associated webpages, mobile websites, applications, subdomains, portals, digital services, online forms, communications, and related online properties operated by or on behalf of the Company, the “Website”).

BY CLICKING “I ACCEPT,” SUBMITTING INFORMATION THROUGH THE WEBSITE, OR OTHERWISE ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you do not agree to these Terms, you must immediately discontinue use of the Website.

If you are using the Website on behalf of another individual, including a minor or dependent, you represent that you have the legal authority to do so and agree to these Terms on behalf of that individual.

The Company may modify these Terms at any time in its sole discretion. Updated Terms become effective immediately upon posting unless otherwise stated. Continued use of the Website following any modification constitutes acceptance of the revised Terms.

2. Definitions

For purposes of these Terms, the following definitions shall apply:

“Applicable Law” means all applicable federal, state, local, and foreign statutes, regulations, ordinances, rules, judicial decisions, and governmental requirements, including, where applicable, laws relating to privacy, data security, electronic communications, accessibility, and consumer protection.

“Content” means all text, graphics, logos, trademarks, service marks, trade dress, photographs, images, illustrations, videos, audio, software, source code, object code, databases, website design, layout, compilations, documentation, downloadable materials, and all other information or materials made available through the Website.

“Privacy Policy” means the Company’s Privacy Policy, as amended from time to time.

“Services” means all services, features, functionality, tools, applications, resources, communications, and other online offerings made available through the Website.

3. Eligibility

The Website is intended for use by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater.

Individuals under the age of eighteen (18) may use the Website only through or under the supervision of a parent, legal guardian, or other individual legally authorized to act on their behalf.

If you use the Website on behalf of another individual, including a minor, dependent, incapacitated adult, or other person for whom you possess legal authority to act, you represent and warrant that you possess all authority necessary to bind such individual to these Terms and to provide any information submitted through the Website.

By using the Website, you represent and warrant that:

(a) you possess the legal capacity to enter into a binding agreement;

(b) all information you submit through the Website is true, accurate, current, and complete;

(c) you will promptly update any information that becomes inaccurate;

(d) your use of the Website complies with all Applicable Law; and

(e) your use of the Website does not violate the rights of any third party.

The Company reserves the right to refuse access to, suspend, or terminate any user’s access to the Website at any time if the Company reasonably believes that any eligibility requirement has not been satisfied or that continued access would violate Applicable Law or these Terms.

4. Privacy Policy

The Company respects your privacy and is committed to protecting information entrusted to it. The Privacy Policy explains how personal information and website usage information may be collected, used, disclosed, stored, and safeguarded.

The Privacy Policy is incorporated into these Terms by reference and forms an integral part of this Agreement. By accessing or using the Website, you acknowledge that you have reviewed the Privacy Policy and agree to its terms.

To the extent there is an inconsistency between these Terms and the Privacy Policy regarding the collection, use, disclosure, or protection of information, the Privacy Policy shall govern with respect to privacy-related matters, while these Terms shall govern all other matters relating to use of the Website, except where Applicable Law requires otherwise.

The Company may modify the Privacy Policy from time to time in accordance with its terms. Your continued use of the Website following the effective date of any revised Privacy Policy constitutes acknowledgment of the revised Privacy Policy, except where Applicable Law requires additional notice or affirmative consent.

Nothing in these Terms or the Privacy Policy shall be construed to limit any rights or obligations imposed by Applicable Law.

5. User Accounts

Registration

Certain features of the Website or Services, including secure messaging, online payment, access to records, or other authenticated services, may require you to create, register for, or access a user account (“Account”).

You agree to provide complete, accurate, current, and truthful information when creating or maintaining your Account and to promptly update such information as necessary to keep it current.

Eligibility and Authorized Users

You may create and maintain only one Account for yourself unless otherwise authorized by the Company.

If you create or access an Account on behalf of another individual, including a minor child or another person for whom you are legally authorized to act, you represent and warrant that you possess the legal authority to do so and agree to these Terms on that individual’s behalf.

Account Credentials and Security

You are responsible for maintaining the confidentiality and security of your username, password, multi-factor authentication credentials, verification codes, security questions, and any other credentials associated with your Account.

You agree to:

(a) maintain the confidentiality of your credentials;

(b) refrain from sharing your credentials with unauthorized persons;

(c) use reasonable efforts to prevent unauthorized access to your Account;

(d) promptly update passwords or other credentials if you believe they have been compromised; and

(e) immediately notify the Company of any actual or suspected unauthorized access, disclosure of credentials, or other security incident involving your Account.

Responsibility for Account Activity

You are responsible for all activity occurring through your Account unless such activity results solely from unauthorized access caused by the Company’s failure to implement safeguards required by Applicable Law.

The Company may rely upon communications, requests, and instructions submitted through your authenticated Account unless the Company has actual knowledge that your Account has been compromised.

Identity Verification

To protect user privacy, account security, and compliance with Applicable Law, the Company reserves the right to verify your identity before creating an Account, granting access to certain features, responding to requests, or modifying account information.

Suspension or Termination of Accounts

The Company reserves the right to suspend, restrict, disable, or terminate your Account, with or without notice, if the Company reasonably determines that:

(a) you have violated these Terms;

(b) your Account has been compromised or is reasonably suspected of unauthorized use;

(c) fraudulent, deceptive, unlawful, or abusive activity has occurred;

(d) continued access presents a security, privacy, operational, or legal risk;

(e) suspension or termination is necessary to comply with Applicable Law; or

(f) suspension or termination is otherwise reasonably necessary to protect the Company, its personnel, systems, or other users.

Availability of Online Accounts

The Company does not guarantee that any Account functionality, secure messaging service, or other authenticated service will be continuously available, uninterrupted, error-free, or compatible with every device or browser.

The Company reserves the right to modify, suspend, discontinue, or replace any Account feature or functionality at any time, subject to Applicable Law.

6. Electronic Communications, Electronic Signatures, and Electronic Records

Electronic Communications

By accessing or using the Website, creating an account, submitting information through the Website, or otherwise communicating electronically with the Company, you consent to receive communications electronically from the Company relating to your use of the Website, scheduling, administrative matters, billing, customer service, operational notices, these Terms, the Privacy Policy, and other matters relating to the Website or the Services.

To the fullest extent permitted by Applicable Law, you agree that electronic notices, disclosures, agreements, acknowledgments, records, and other communications satisfy any legal requirement that such communications be in writing.

Electronic communications may be delivered through the Website, email, SMS text message (where authorized), or other electronic means utilized by the Company.

Unless the Company expressly designates a communication channel as secure, communications transmitted through ordinary email, Website contact forms, or similar electronic means may not be encrypted. You should not transmit highly sensitive information through communication channels that have not been specifically designated by the Company for secure communications.

Electronic Signatures

By clicking an acceptance button, selecting a checkbox, submitting information through the Website, creating or accessing an account, signing an electronic form, or otherwise taking any action that indicates your assent or authorization, you agree that such action constitutes your electronic signature.

To the fullest extent permitted by Applicable Law, your electronic signature shall have the same legal force and effect as a handwritten signature and shall satisfy any legal requirement for a signed writing, including, where applicable, the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and other applicable electronic transaction laws.

Electronic Records

You consent to the creation, use, storage, retention, and maintenance of electronic records relating to your interactions with the Website and the Services, including electronic communications, forms, authorizations, acknowledgments, consents, notices, billing information, and other records generated through your use of the Website.

Such records may be maintained by the Company or its authorized service providers in accordance with Applicable Law and the Company’s record retention policies.

Withdrawal of Consent

Where Applicable Law grants you the right to withdraw your consent to receive electronic communications or to use electronic signatures, you may do so by contacting the Company. Withdrawal of consent will not affect the validity or enforceability of any electronic communication, electronic record, or electronic signature created before the effective date of the withdrawal and may limit or prevent your ability to access certain features or services made available through the Website.

7. Cookies, Analytics, Session Replay Technologies, and Electronic Communications

Website Technologies

To operate, maintain, secure, improve, and optimize the Website and Services, the Company and its authorized service providers may use cookies, pixels, tags, software development kits (SDKs), application programming interfaces (APIs), local storage technologies, analytics tools, communication technologies, session replay technologies, heat mapping technologies, accessibility tools, fraud detection technologies, and similar technologies (collectively, the “Website Technologies”).

Consent to Website Technologies

By accepting these Terms and accessing or using the Website following any required notice or consent mechanism, you acknowledge and agree that the Company and its authorized service providers may collect, receive, process, record, store, analyze, and disclose information generated through your interaction with the Website as described in these Terms and the Privacy Policy.

Such information may include, where applicable:

• browser type and version;
• operating system;
• device identifiers;
• Internet Protocol (IP) address;
• pages visited;
• navigation patterns;
• referral sources;
• click activity;
• scrolling activity;
• approximate geographic location derived from your IP address;
• scheduling interactions;
• communications submitted through Website forms;
• technical diagnostic information; and
• other usage information reasonably necessary for the operation, maintenance, security, improvement, and administration of the Website.

Session Replay and Interaction Technologies

The Company or its authorized service providers may utilize technologies that record or reconstruct portions of a user’s interaction with the Website for purposes including quality assurance, accessibility improvements, website functionality, troubleshooting, fraud prevention, cybersecurity, customer support, analytics, operational improvement, and user experience optimization.

To the fullest extent permitted by Applicable Law, and following any legally required notice or consent, you expressly consent to the use of such technologies as described herein and in the Privacy Policy.

Electronic Communications

You acknowledge that communications transmitted through Website forms, scheduling tools, chat functionality, or similar electronic communication features may be processed by authorized service providers acting on behalf of the Company in connection with providing, maintaining, securing, or improving the Website and related Services.

Privacy Policy Controls

Additional information regarding the categories of information collected, the purposes for which such information is processed, applicable user choices, and available privacy rights is contained in the Privacy Policy.

Nothing in this Article is intended to expand the Company’s rights beyond those permitted under Applicable Law.

8. Permitted Website Use

Limited Authorized Use

Subject to these Terms, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Website solely for lawful purposes related to learning about the Company, obtaining information, requesting services, making orders or purchases, communicating with the Company through authorized channels, accessing resources, and utilizing other Website features made available by the Company.

No ownership interest in the Website or any Content is transferred to you by virtue of your use of the Website.

Lawful Use

You agree to use the Website only in accordance with these Terms and all Applicable Law. You shall not use the Website in any manner that could damage, disable, overburden, impair, interfere with, or compromise the Website or any systems connected to the Website.

Prohibited Uses

Without limiting any other provision of these Terms, you agree that you will not:

(a) use the Website for any unlawful, fraudulent, abusive, or unauthorized purpose;

(b) attempt to gain unauthorized access to any portion of the Website, servers, databases, records, accounts, or networks;

(c) interfere with or disrupt the operation, integrity, or security of the Website or any related systems;

(d) upload, transmit, or introduce any virus, malware, ransomware, spyware, malicious code, or other harmful technology;

(e) use automated means, including bots, crawlers, scrapers, spiders, artificial intelligence agents, or similar technologies, to access, monitor, harvest, copy, or collect information from the Website without the Company’s prior written consent;

(f) impersonate another individual or misrepresent your identity or authority;

(g) knowingly submit false, misleading, or inaccurate information through the Website;

(h) attempt to circumvent any security measures or authentication procedures implemented by the Company;

(i) use the Website in any manner that infringes upon the intellectual property, privacy, publicity, or other legal rights of the Company or any third party;

(j) copy, reproduce, distribute, modify, publicly display, publish, frame, mirror, reverse engineer, decompile, create derivative works from, or otherwise exploit the Website or its Content except as expressly authorized by these Terms; or

(k) use the Website in any manner that could reasonably interfere with another user’s access to or use of the Website.

Reservation of Rights

The Company reserves the right, in its sole discretion and without prior notice, to investigate suspected violations of these Terms and to suspend, restrict, terminate, or block access to the Website whenever the Company reasonably believes such action is necessary to protect the Company, its personnel, its systems, or other users, or to comply with Applicable Law.

9. Intellectual Property

Ownership

The Website, including all Content, is owned by or licensed to us and is protected by applicable United States and international intellectual property laws.

Nothing contained on the Website shall be construed as granting any license or ownership interest except as expressly provided in these Terms.

Restrictions

Except with the Company’s prior written consent, you may not:

• reproduce, distribute, publicly display, publish, transmit, sell, license, or exploit any portion of the Website;
• modify or create derivative works;
• reverse engineer, decompile, disassemble, or attempt to discover source code;
• scrape, crawl, data mine, harvest, or use automated means to collect Website information;
• use any Content for training artificial intelligence or machine learning models except as expressly authorized in writing;
• remove copyright, trademark, or proprietary notices;
• frame or mirror any portion of the Website;
• use the Website for any unlawful or commercial purpose not expressly authorized.

Trademarks

All trademarks, service marks, logos, and trade names appearing on the Website are the exclusive property of their respective owners. No license is granted by implication, estoppel, or otherwise.

10. Third-Party Services and External Resources

Third-Party Services

The Website may utilize, integrate with, or provide access to services, software, applications, platforms, communication tools, payment processors, scheduling vendors, analytics providers, hosting providers, mapping services, cloud service providers, or other third-party products and services (“Third-Party Services”).

Such Third-Party Services are provided by independent entities over which the Company does not exercise day-to-day operational control.

External Websites

The Website may contain links to third-party websites or resources solely for user convenience.

The Company does not endorse, guarantee, monitor, or assume responsibility for the content, accuracy, security, availability, products, services, or privacy practices of any third-party website.

Your use of any third-party website is governed by that third party’s own terms and privacy policies.

Independent Obligations

Certain Third-Party Services may require you to accept separate agreements or privacy policies before using those services.

The Company is not responsible for your relationship with any independent third-party provider except to the extent required by Applicable Law.

Availability

The Company makes no representation that any Third-Party Service will remain available, uninterrupted, compatible, or error-free and reserves the right to modify, replace, discontinue, or remove integrations with Third-Party Services at any time without prior notice.

Limitation

To the fullest extent permitted by Applicable Law, the Company shall not be responsible for any loss, delay, interruption, damage, security incident, or other harm arising from the acts, omissions, products, services, systems, or operations of independent Third-Party Services, except to the extent liability cannot be disclaimed under Applicable Law.

11. Accessibility

The Company is committed to making the Website reasonably accessible to all users and continually strives to improve the accessibility and usability of its online services.

The Company endeavors to design, develop, maintain, and update the Website in a manner that promotes accessibility for individuals with disabilities and seeks to improve compatibility with commonly used assistive technologies.

Despite these efforts, certain portions of the Website or third-party content integrated into the Website may not always be fully accessible or may become temporarily unavailable due to maintenance, updates, or circumstances beyond the Company’s reasonable control.

If you experience difficulty accessing any portion of the Website or require assistance obtaining information or services available through the Website, please contact the Company. The Company welcomes feedback regarding Website accessibility and will make reasonable efforts to address accessibility concerns in accordance with Applicable Law.

Nothing in this Section shall be construed as creating any duty or obligation beyond those imposed by Applicable Law.

12. Automated Technologies and Artificial Intelligence

Automated Technologies

The Company may utilize automated technologies, machine learning systems, artificial intelligence (“AI”), or similar technologies to assist with the administration, operation, security, maintenance, accessibility, communications, scheduling, customer support, fraud prevention, analytics, quality assurance, documentation assistance, and improvement of the Website and related Services.

No Reliance

You acknowledge that automated technologies may produce incomplete, inaccurate, or unintended results. You agree not to rely exclusively upon information generated by automated technologies.

Third-Party Technologies

Certain automated technologies or AI-enabled functionality available through the Website may be provided by independent third-party service providers. Such technologies may also be governed by separate terms, privacy notices, or contractual arrangements applicable to those providers.

Modifications

The Company reserves the right to introduce, modify, suspend, discontinue, or replace automated technologies or AI-enabled functionality at any time, with or without notice, subject to Applicable Law.

13. User Feedback and Submissions

Voluntary Submissions

The Company welcomes comments, suggestions, ideas, recommendations, testimonials, survey responses, and other feedback relating to the Website or the Services (“Feedback”). Unless expressly requested by the Company, you should not submit sensitive information through general feedback channels.

License to Feedback

To the fullest extent permitted by Applicable Law, if you voluntarily submit Feedback to the Company, you grant the Company a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit such Feedback for any lawful purpose, without compensation, attribution, or further consent.

This license does not apply to information that the Company is required by Applicable Law to treat confidentially.

No Obligation

The Company shall have no obligation to review, implement, respond to, or maintain the confidentiality of Feedback, except as required by Applicable Law.

Representations

You represent and warrant that:

(a) you possess all rights necessary to submit the Feedback;

(b) your Feedback does not infringe the intellectual property, privacy, publicity, or other legal rights of any third party;

(c) your Feedback is not knowingly false, defamatory, unlawful, or misleading; and

(d) your Feedback does not contain malicious software or other harmful code.

14. Security Responsibilities

Company Security Measures

The Company employs administrative, technical, and physical safeguards that are designed to protect information maintained through the Website in accordance with Applicable Law and industry-appropriate security practices. However, no website, electronic communication system, computer network, or Internet transmission can be guaranteed to be completely secure.

User Responsibilities

You are responsible for maintaining the security of your own devices, Internet connection, user credentials, passwords, authentication codes, and other account access information.

You agree to:

(a) use reasonable efforts to protect your login credentials;

(b) maintain current security software on devices used to access the Website, where appropriate;

(c) refrain from sharing passwords or authentication credentials with unauthorized individuals;

(d) immediately notify the Company if you suspect unauthorized access to your account; and

(e) log out of password-protected portions of the Website when using shared or public devices.

Unauthorized Activity

If you become aware of any actual or suspected unauthorized access, security incident, misuse of the Website, or compromise of your credentials, you agree to promptly notify the Company.

User Responsibility for Devices

The Company is not responsible for the security, integrity, availability, or operation of your personal devices, Internet service provider, wireless carrier, home network, or other systems outside the Company’s reasonable control.

No Security Guarantee

While the Company employs reasonable safeguards designed to protect information transmitted through the Website, the Company does not warrant or guarantee that unauthorized access, cyberattacks, data breaches, system failures, or other security incidents will not occur.

Nothing in this Section limits any obligations imposed upon the Company by Applicable Law regarding the protection of information maintained by the Company.

15. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.

The Company does not warrant that:

• the Website will always be available;
• operation will be uninterrupted or error-free;
• defects will be corrected;
• the Website will be free of viruses or other harmful components; or
• information on the Website will always be complete, current, or accurate.

Nothing in this Section disclaims any duty or obligation where such disclaimer would be prohibited by Applicable Law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUCCESSORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS.

TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM THE WEBSITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(b) $100.00.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, employees, officers, directors, agents, successors, licensors, and contractors from and against any claims, damages, liabilities, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

• your violation of these Terms;
• your misuse of the Website;
• your violation of applicable law;
• your infringement of any third-party rights; or
• your negligent or wrongful conduct.

The Company reserves the right to assume exclusive control of the defense of any matter subject to indemnification.

18. Informal Dispute Resolution

Before initiating arbitration or litigation, you or the Company, as applicable, shall provide written notice to the other party describing the dispute in reasonable detail.

Both you and the Company shall use good-faith efforts to resolve the dispute within thirty (30) days after receipt of such notice by the other party before commencing arbitration, except where emergency injunctive relief is sought.

19. Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY.

Except for disputes permitted to proceed in small claims court and claims seeking temporary or preliminary injunctive relief relating to intellectual property or confidential information, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Website, electronic communications, or any relationship between you and the Company shall be resolved exclusively through final and binding arbitration.

The Federal Arbitration Act governs the arbitration provisions herein.

Arbitration shall be administered by the American Arbitration Association under the rules applicable at the time arbitration is commenced.

Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

20. Delegation of Arbitrability

An arbitrator acting hereunder shall have exclusive authority to determine issues relating to the interpretation, applicability, enforceability, formation, scope, or validity of the arbitration provisions herein, including any claim that all or part of them is unenforceable.

21. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.

NO CLAIM MAY BE ASSERTED AS A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR MASS ACTION UNLESS REQUIRED BY APPLICABLE LAW.

An arbitrator acting hereunder shall have no authority to consolidate claims or preside over any representative proceeding absent the written consent of all parties to the arbitration.

22. Jury Trial Waiver

If any dispute proceeds in court for any reason, each of you and the Company knowingly, voluntarily, and irrevocably waives any right to trial by jury to the fullest extent permitted by law.

23. Governing Law and Venue

Except as governed by the Federal Arbitration Act, these Terms shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Raleigh, North Carolina, and each party consents to the jurisdiction of those courts (and the appropriate appellate courts therefrom).

24. Termination and Suspension

Right to Suspend or Terminate

The Company reserves the right, in its sole discretion and without prior notice, to suspend, restrict, terminate, or otherwise limit your access to all or any portion of the Website or Services at any time if the Company reasonably determines that:

(a) you have violated these Terms;

(b) your use of the Website presents a security risk to the Company, its personnel, systems, or other users;

(c) your use of the Website may violate Applicable Law;

(d) you have provided false, misleading, fraudulent, or incomplete information;

(e) continued access could interfere with the operation, integrity, or security of the Website or the Company’s systems;

(f) suspension or termination is necessary to comply with legal, regulatory, contractual, accreditation, licensing, cybersecurity, or governmental requirements; or

(g) the Company otherwise determines that suspension or termination is reasonably necessary to protect the Company or the public.

Effect of Termination

Upon suspension or termination:

(a) your right to access and use the Website shall immediately cease to the extent specified by the Company;

(b) any licenses granted to you under these Terms shall automatically terminate;

(c) you shall immediately discontinue any use of the Website except as expressly authorized by the Company; and

(d) the Company may disable or restrict access credentials, accounts, or other Website functionality, subject to Applicable Law.

Termination of your access to the Website shall not affect any rights, obligations, liabilities, or remedies that accrued prior to the effective date of termination.

Website Modifications

The Company reserves the right, at any time and without liability, to modify, suspend, discontinue, replace, or permanently remove any portion of the Website, any Website functionality, or any Services made available through the Website, with or without notice, except where Applicable Law requires otherwise.

Nothing in these Terms shall obligate the Company to continue operating or supporting any particular Website feature, functionality, communication platform, or online service.

No Waiver

The Company’s failure to suspend or terminate access following any violation of these Terms shall not constitute a waiver of any rights or remedies available to the Company under these Terms or Applicable Law.

25. Survival

Any provision of these Terms that, by its nature or purpose, should survive termination, expiration, suspension of access, or discontinuation of the Website shall survive and remain in full force and effect.

Without limiting the foregoing, the following provisions shall expressly survive termination:

• Definitions;
• Intellectual Property;
• Permitted Website Use;
• Disclaimer of Warranties;
• Limitation of Liability;
• Indemnification;
• Informal Dispute Resolution;
• Mandatory Arbitration;
• Delegation of Arbitrability;
• Class Action Waiver;
• Jury Trial Waiver;
• Governing Law and Venue;
• Force Majeure;
• Privacy obligations that by their nature continue following termination;
• Miscellaneous provisions, including severability, assignment, entire agreement, and interpretation; and
• Any other rights, obligations, disclaimers, representations, limitations, licenses, or remedies that expressly survive or that reasonably should survive to give effect to these Terms.

Termination of these Terms or your access to the Website shall not affect:

(a) any claim arising before termination;

(b) any obligation to preserve records where required by Applicable Law;

(c) any obligation relating to information maintained pursuant to Applicable Law; or

(d) any rights or obligations that expressly survive or that by their nature are intended to survive termination.

26. Modification of These Terms

The Company reserves the right to modify, amend, supplement, or replace these Terms, in whole or in part, at any time in its sole discretion, subject to Applicable Law.

Any modifications shall become effective upon posting the revised Terms on the Website unless a later effective date is expressly stated. The “Last Updated” date appearing at the beginning or end of these Terms shall indicate the effective date of the most recent revision.

Where Applicable Law requires additional notice or affirmative consent before certain modifications become effective, the Company will provide such notice or obtain such consent in the manner required by law.

By continuing to access or use the Website after revised Terms become effective, you acknowledge that you have reviewed the revised Terms and agree to be bound by them. If you do not agree to any modification, you must discontinue use of the Website.

No employee, agent, or representative of the Company is authorized to modify these Terms except through a written amendment expressly approved by the Company.

27. Force Majeure

The Company shall not be liable for delays or failures resulting from causes beyond its reasonable control, including natural disasters, cyberattacks, utility interruptions, governmental actions, epidemics, labor disputes, telecommunications failures, or failures of third-party service providers.

28. Beta Features

Availability of Beta Features

From time to time, the Company may make available certain experimental, preview, pilot, beta, pre-release, or evaluation features, functionality, products, services, or tools (collectively, “Beta Features”). Participation in or access to Beta Features is entirely voluntary and may be limited to selected users.

No Obligation to Continue

Beta Features are provided for evaluation, testing, and improvement purposes only. The Company may modify, suspend, discontinue, restrict, or remove any Beta Feature at any time, with or without notice, and without liability, except as otherwise required by Applicable Law.

Nothing in these Terms obligates the Company to continue offering, support, or incorporate any Beta Feature into the Website or Services.

As-Is Basis

To the fullest extent permitted by Applicable Law, Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors, defects, interruptions, or other limitations not present in generally available Website functionality.

The Company makes no representation or warranty that any Beta Feature will operate without interruption, be error-free, remain available, or be suitable for any particular purpose.

User Acknowledgment

By choosing to access or use a Beta Feature, you acknowledge and agree that:

(a) Beta Features may change frequently without notice;

(b) Beta Features may be modified, suspended, or discontinued at any time;

(c) information, functionality, or results generated through Beta Features may be incomplete, inaccurate, delayed, or unavailable; and

(d) you use Beta Features at your own discretion and subject to these Terms.

29. Miscellaneous

Interpretation

These Terms shall be interpreted fairly and not for or against either you or us by reason of authorship. The words “including,” “includes,” and “such as” mean “including, without limitation.”

Headings

Headings are for convenience only and do not affect interpretation.

Assignment

The Company may assign these Terms without restriction. You may not assign your rights or responsibilities without the Company’s prior written consent.

Entire Agreement

These Terms, together with the Privacy Policy and any additional legal notices incorporated by reference, constitute the entire agreement between you and the Company concerning the Website and supersede all prior understandings relating to the Website.

Waiver

No waiver by the Company of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of the Company.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Electronic Notice Provision

Any notice required under these Terms may be provided electronically by posting on the Website, by email, or by other legally permissible means, except where Applicable Law requires another method of notice.

No Third-Party Beneficiaries

These Terms are solely for the benefit of you and us and do not create any rights in any third party except where expressly required by Applicable Law.

Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, fiduciary, or other special relationship between you and us.

Contact Information

If you have any questions or concerns with these Terms, please contact the Company using the below information.

DFX CrossFit
6241 Westgate Road #100
Raleigh, NC 27617
(919) 899-4224
[email protected]

Last Updated: July 29, 2026