Terms of service

XPLATE LLC

Terms & Conditions

Effective Date: May 1, 2026  |  xplate.fit

Acceptance of Terms

Welcome to xplate LLC ("xplate," "we," "our," or "us"). By accessing or using our website located at www.xplate.fit (the "Site"), placing an order, or using any services we provide (collectively, the "Services"), you ("User" or "you") agree to be legally bound by these Terms & Conditions ("Agreement"). This Agreement incorporates by reference our Privacy Policy, Refund & Return Policy, and any additional guidelines or rules posted on the Site.

If you do not agree to all of these terms, you must immediately discontinue access to and use of the Site. We reserve the right to update, revise, or modify this Agreement at any time. Changes become effective upon posting. Your continued use of the Site after changes are posted constitutes acceptance of those changes. It is your responsibility to review this Agreement periodically.

xplate LLC is a limited liability company organized under the laws of the State of Nevada. Our principal address is 2104 Savona Ct. Vista, CA 92084.

Eligibility & Account Requirements

2.1 Age Requirements

You must be at least 18 years of age to use the Site and place orders. Users between the ages of 13 and 17 may browse the Site only under direct parental or legal guardian supervision. Children under 13 are strictly prohibited from using the Site or the Services. By using the Site, you represent and warrant that you meet these age requirements.

2.2 Account Security

If you create an account with xplate, you are solely responsible for:

  • Maintaining the confidentiality of your login credentials.

  • All activity that occurs under your account, whether authorized by you or not.

  • Immediately notifying us of any unauthorized use of your account or any other security breach at support@xplate.fit.

xplate will not be liable for any loss or damage arising from your failure to comply with these security obligations. Accounts are non-transferable.

License to Use the Site

xplate grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for personal, non-commercial shopping and informational purposes. This license does not include the right to:

  • Reproduce, distribute, publicly display, sell, lease, or transmit any content from the Site.

  • Modify, create derivative works from, or reverse engineer any portion of the Site.

  • Use the Site or its content for any commercial purpose or for the benefit of any third party without prior written consent from xplate.

  • Use automated tools, bots, scrapers, or other data collection methods on the Site.

  • Use the Site in any manner that could damage, disable, overburden, or impair its functionality.

Any violation of these restrictions will result in immediate revocation of this license, termination of your account, and may subject you to legal liability. xplate reserves the right to refuse service, terminate accounts, and cancel orders at our sole discretion.

4. Rules of Conduct

As a condition of use, you agree NOT to use the Services for any purpose that is unlawful or prohibited by this Agreement. You agree you will not:

  1. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law.

  2. Sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit the Services for commercial gain.

  3. Submit Content using a name or User ID that is the name of another person, that is offensive, vulgar, or obscene.

  4. Post, transmit, or disseminate information or material that infringes any patent, trademark, copyright, trade secret, or other intellectual property right.

  5. Transmit any unsolicited or unauthorized advertising or promotional materials (spam).

  6. Upload or transmit viruses, malware, or any other harmful code intended to disrupt or damage the Site.

  7. Gain or attempt to gain unauthorized access to any portion of the Site or its related systems.

xplate reserves the right to investigate violations and take appropriate legal action, including cooperating with law enforcement agencies and pursuing civil remedies for any damages caused.

Ordering & Payment

Order Acceptance

Your placement of an order constitutes an offer to purchase. xplate reserves the right to accept or reject any order at its sole discretion. An order is not accepted until we confirm it in writing (including via email confirmation). We reserve the right to limit order quantities and to discontinue products without notice.

Pricing

All prices are listed in U.S. dollars. xplate reserves the right to change prices at any time without notice. In the event of a pricing error (typographical or otherwise), we reserve the right to cancel any orders placed at an incorrect price, regardless of whether the order has been confirmed. We will notify you of any such cancellation and issue a full refund if payment has been collected.

Payment Processing

xplate uses third-party payment processors to handle all transactions. We do not store your credit card or financial information on our servers. By providing payment information, you authorize us to charge the applicable amount. You are responsible for any charges you dispute — please notify us in writing within thirty (30) days of the charge.

Shipping & Risk of Loss

Risk of loss and title for items purchased from xplate passes to you upon our delivery of the items to the carrier. xplate is not responsible for delays, losses, or damage caused by the carrier once the package has been tendered. Shipping times are estimates only and are not guaranteed. xplate is not liable for delays due to circumstances outside our reasonable control, including carrier delays, weather events, or customs processing.

Returns & Refunds

Returns and refunds are governed by our Refund & Return Policy, which is incorporated herein by reference and available on our Site. xplate reserves the right to refuse returns that do not comply with our published policy. In cases where a product defect or error on our part is involved, please contact us promptly at support@xplate.fit so we can make it right.

Intellectual Property

xplate Owned Content

All content on this Site — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, software, and the compilation thereof (collectively, "Content") — is the property of xplate LLC and is protected by applicable copyright, trademark, and intellectual property laws. All rights are reserved.

Unauthorized use of any xplate trademarks, service marks, trade names, logos, or other distinctive brand elements — whether or not registered — without prior written consent is strictly prohibited and may constitute trademark infringement.

User Submissions

Any content you submit to the Site — including reviews, comments, photos, suggestions, or feedback ("User Content") — is treated as non-confidential and non-proprietary. By submitting User Content, you grant xplate a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, translate, and distribute such content in any medium. You also grant xplate the right to use the name you provide with any such submission.

You represent and warrant that any User Content you submit: (a) does not infringe any third party's intellectual property rights; (b) is not defamatory, obscene, threatening, or otherwise unlawful; and (c) does not contain malware or harmful code.

Health & Fitness Disclaimer

xplate products are designed for use during physical fitness activities. By purchasing and using xplate products, you acknowledge and agree to the following:

  • Physical exercise involves inherent risks, including but not limited to muscular strain, joint injury, and cardiovascular events.

  • You are solely responsible for consulting a qualified healthcare or fitness professional before beginning any new exercise program, especially if you have any pre-existing medical conditions.

  • All content on the Site — including training tips, workouts, and educational materials — is provided for informational purposes only and does not constitute medical advice.

  • Opinions and content expressed on the Site represent the views of the individuals providing them and may not reflect the views of xplate LLC.

  • You assume full responsibility for your use of xplate products and agree to follow all product instructions and safety guidelines.


Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XPLATE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability and fitness for a particular purpose.

  • Warranties of title, non-infringement, accuracy, or reliability.

  • Warranties that the Site will be uninterrupted, error-free, or free from viruses or harmful components.

  • Warranties regarding the accuracy or completeness of any content or information obtained through the Site.

XPLATE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR PRODUCTS WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE SITE AND ANY PRODUCTS IS AT YOUR SOLE RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XPLATE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business.

  • Loss of data, programs, or information.

  • Personal injury or property damage arising from use of xplate products or the Site.

  • Any claim arising from your use of or inability to use the Site or Services.

IN ALL CASES, XPLATE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO XPLATE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages, so the above limitations may not apply to you. In such states or jurisdictions, xplate's liability shall be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless xplate LLC and its officers, directors, employees, agents, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of this Agreement.

  • Your use or misuse of the Site or Services.

  • Your violation of any third party's rights, including intellectual property or privacy rights.

  • Any User Content you submit to the Site.

  • Your use of xplate products in an unsafe or improper manner.


Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Site and Services. By using the Site, you consent to the data practices described in our Privacy Policy.

Copyright & DMCA Compliance

xplate respects the intellectual property rights of others and expects users to do the same. If you believe that any content on our Site infringes your copyright, please send written notice to xplate at the contact information below. Your notice must include:

  1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner.

  2. Identification of the copyrighted work claimed to have been infringed.

  3. Identification of the material claimed to be infringing, with information sufficient to locate it on the Site.

  4. Your contact information, including name, address, telephone number, and email address.

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in your notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

xplate reserves the right to terminate accounts of users who are repeat infringers of intellectual property rights.

Third-Party Links & Services

The Site may contain links to third-party websites, services, or resources. These links are provided solely as a convenience and do not imply endorsement or affiliation by xplate. xplate has no control over the content or practices of third-party sites and assumes no responsibility for them. Your interactions with third-party sites are solely between you and those third parties; xplate shall not be liable for any loss or damage arising from your use of third-party sites.

Termination of Use

xplate may, at its sole discretion and without prior notice, suspend or terminate your access to the Site and Services for any reason, including breach of this Agreement. Upon termination:

  • Your license to use the Site immediately revokes.

  • You must cease all use of the Site and destroy any downloaded or printed materials obtained from it.

  • All provisions of this Agreement that by their nature should survive termination — including intellectual property rights, warranty disclaimers, indemnification, and limitations of liability — shall survive.


Governing Law & Dispute Resolution

Governing Law

This Agreement and any dispute arising out of or related to it or the Site shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice or conflict of law provision.

Dispute Resolution — Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Before initiating arbitration, you agree to first contact xplate in writing at the address below and attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved informally, you and xplate agree to resolve any and all disputes exclusively through binding, confidential arbitration administered in Reno, Nevada, under the rules of the American Arbitration Association ("AAA").

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs unless the arbitrator determines otherwise. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Class Action Waiver

YOU AND XPLATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

International Access

The Site is operated from the United States. If you access the Site from outside the United States, you are responsible for compliance with local laws. xplate makes no representation that the content is appropriate or available for use in locations outside the United States. Access from territories where the content is illegal is prohibited.

Modifications to Services

xplate reserves the right at any time to modify, suspend, or discontinue the Site or any portion thereof — including products, pricing, content, and features — with or without notice. xplate shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

General Provisions

Entire Agreement

This Agreement, together with the Privacy Policy and Refund & Return Policy, constitutes the entire agreement between you and xplate with respect to your use of the Site and supersedes all prior and contemporaneous agreements, representations, and understandings.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in full force and effect.

20.3 No Waiver

The failure of xplate to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer your rights or obligations under this Agreement without xplate's prior written consent. xplate may freely assign its rights and obligations under this Agreement.

Force Majeure

xplate shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, or failures of third-party service providers.

Contact Information

For questions, concerns, or notices regarding this Agreement or copyright infringement claims, please contact xplate LLC:

xplate LLC

2104 Savona Ct. Vista, CA 92084

Email: support@xplate.fit

Website: www.xplate.fit

ACKNOWLEDGMENT: BY ACCESSING OR USING THE XPLATE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.