Terms & Conditions for XCalibur Fitness

Last Updated: October 11, 2025

Welcome, and thank you for your interest in XCalibur Fitness (“XCalibur Fitness,” “we,” “our,” and “us”) and our website at www.xcaliburfitness.com, provided through Systeme.io (the “Service”). These Terms & Conditions are a legally binding contract between you and XCalibur Fitness regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING XCalibur Fitness’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND XCalibur Fitness’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY XCalibur Fitness AND BY YOU TO BE BOUND BY THESE TERMS.

XCalibur Fitness Service Overview. We offer a website where you can purchase digital fitness products and bundles that we make available for sale, including ebooks, workout plans, recipe guides, trackers, and cheat sheets (“Digital Products” and, collectively with all other merchandise, "Products").

Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or XCalibur Fitness, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Accounts and Registration

To access certain features, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@xcaliburfitness.com.

• Use of Site and Services

  • You must be 18+ or have parental consent to use our site.

  • Don't misuse our content (e.g., no unauthorized copying, hacking, or spam).

  • We may update or discontinue products/site without notice.

• Purchases and Payments

  • Prices: As listed (e.g., $19.99 for Ultimate Weight Loss Ebook, $76.99 for All-In Bundle) – subject to change.

  • Payment: Via Stripe/PayPal – processed securely; we don't store card details.

  • Taxes: Yes, taxes are added to all purchases.

  • Bundles: Include digital ZIP downloads + free RebelTec Wireless Sport Headphones (lower 48 U.S. only; no AK/HI/international). Shipping free, 5-7 business days – provide address at checkout.

  • Delivery: Digital products instant via email/link; access lifetime.

  • No Refunds: Digital products are non-refundable due to instant access. Contact sales@xcaliburfitness.com for issues (e.g., defective headphones – replacements only).

  • Lead Magnet: Free 7-Day Challenge for email signup – no purchase required.

General Payment Terms

Purchase of any Product through the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars.

Price

XCalibur Fitness reserves the right to determine pricing for all Products. XCalibur Fitness will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. XCalibur Fitness may change the fees for any Product if XCalibur Fitness gives you advance notice of changes before they apply. XCalibur Fitness, at its sole discretion, may make promotional offers with different features and different pricing to any of XCalibur Fitness's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization

You authorize XCalibur Fitness and its third-party payment processors to charge all sums for the Products you purchase, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, XCalibur Fitness or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Returns and Refunds

We will accept all returns for defective Products made within 30 days of the purchase date (“Returns”). We will issue you a full refund for all Returns and will pay for the return shipping of any Return if such shipping is required. We will not accept any returns of, nor issue any refunds for, any Products that are not defective.

Shipping and Delivery

All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.

• Intellectual Property

  • All content (ebooks, recipes, trackers) is owned by XCalibur Fitness – personal use only; no resale, sharing, or commercial use without permission.

Limited License

Subject to your complete and ongoing compliance with these Terms, XCalibur Fitness grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Products during the term of your access.

License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products (“Feedback”), then you hereby grant XCalibur Fitness an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Ownership; Proprietary Rights. The Service is owned and operated by XCalibur Fitness. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Products (“Materials”) provided by XCalibur Fitness are protected by intellectual property and other laws. All Materials included in the Service are the property of XCalibur Fitness or its third-party licensors. Except as expressly authorized by XCalibur Fitness, you may not make use of the Materials. XCalibur Fitness reserves all rights to the Materials not granted expressly in these Terms.

• Shipping for Headphones

  • Bundles only: Shipped to provided U.S. address – track via email. Delays possible; no liability for lost/damaged items beyond replacement.

• Liability and Disclaimers

  • Products are for informational use – not medical advice; consult a doctor for fitness/nutrition.

  • We disclaim warranties; use at your risk. Liability limited to product price.

  • No guarantee of results from products.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. XCalibur Fitness DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. XCalibur Fitness DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND XCalibur Fitness DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR XCalibur Fitness ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE XCalibur Fitness ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS IN THIS SECTION 5 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

• User Conduct

  • Don't post harmful content or violate laws.

  • We may terminate access for breaches.

  • Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

    • use the Service for any illegal purpose or in violation of any local, state, national, or international law; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 3) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.

• Links and Third Parties

  • Links to external sites (e.g., social) are for convenience – we aren't responsible.

  • Third-Party Links and Services. The Service may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or to any Personal Information you disclose to these third parties. We encourage you to read their privacy policies before providing any personal information to them.

• Changes and Governing Law

  • We may update terms – check back.

  • Governed by NC laws; disputes in NC courts.

Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. If a change to these Terms is material, we will attempt to provide at least 30 days notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Modification of the Service

XCalibur Fitness reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. XCalibur Fitness will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify XCalibur Fitness and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “XCalibur Fitness Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Miscellaneous General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and XCalibur Fitness regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law

These Terms are governed by the laws of the State of North Carolina without regard to conflict of law principles. You and XCalibur Fitness submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Mecklenburg County, North Carolina for resolution of any lawsuit or court proceeding permitted under these Terms.

Privacy Policy

Please read the XCalibur Fitness Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The XCalibur Fitness Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information

The Service is offered by XCalibur Fitness. You may contact us by sending correspondence by emailing us at info@xcaliburfitness.com.

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Questions? Contact info@xcaliburfitness.com.