Terms of Use

These Terms of Use ("Terms") govern your access to and use of the website located at sportsperformancehub.com and any related subdomains, pages, content, features, applications, and online services (collectively, the "Site"), which are operated by VSGS Facilities, LLC d/b/a Sports Performance Hub ("SPH," "we," "us," or "our"). By accessing or using the Site, you ("you" or "User") agree to be bound by these Terms and by our Privacy Policy and SMS/Text Messaging Policy, which are incorporated by reference. If you do not agree, do not use the Site.

Please read Section 13 (Dispute Resolution; Binding Arbitration; Class-Action Waiver) carefully. It affects your legal rights.

1. Eligibility; Minors

Sports Performance Hub offers youth athletic programs, and minors may access the Site. Account creation, purchases, and other transactions on the Site are intended for adults 18 years of age or older: a parent or legal guardian must create any account, make any purchase, and provide any consent on behalf of a minor, and in doing so agrees to be bound by these Terms. We do not knowingly allow a child under 13 to create an account or provide personal information without verifiable parental consent, and we handle minors' information as described in our Privacy Policy. If you use the Site on behalf of a minor, you represent that you are the minor's parent or legal guardian with authority to bind the minor to these Terms.

2. Changes to the Terms or Site

We may modify these Terms at any time by posting the revised Terms on the Site and updating the "Last Updated" date. Material changes will be identified as such. Your continued use of the Site after changes become effective constitutes acceptance. We may modify, suspend, or discontinue any part of the Site at any time without notice or liability.

3. Accounts and Registration

Some features may require an account. You agree to (a) provide accurate, current, and complete information; (b) keep it updated; (c) safeguard your credentials; and (d) be responsible for all activity under your account. Notify us immediately of any unauthorized use at info@sportsperformancehub.com. We may suspend or terminate accounts that violate these Terms.

4. Acceptable Use

Your use of the Site is also governed by our Acceptable Use Policy and Website Disclaimer, each of which is incorporated into these Terms by reference. You agree not to, and not to permit any third party to:

• (a) use the Site for any unlawful, fraudulent, or unauthorized purpose;
• (b) violate any applicable law or regulation, or any third party's rights;
• (c) upload or transmit viruses, malware, or harmful code;
• (d) scrape, harvest, data-mine, or use automated means to access the Site without our prior written consent;
• (e) reverse engineer, decompile, or attempt to derive source code from the Site;
• (f) interfere with or disrupt the Site's integrity, security, or performance;
• (g) impersonate any person or entity or misrepresent your affiliation;
• (h) use the Site or its content to train, fine-tune, or develop any artificial intelligence or machine-learning system without our prior written consent; or
• (i) post or transmit content that is defamatory, obscene, harassing, infringing, or otherwise objectionable.

5. Intellectual Property

The Site and all content, features, and functionality — including text, graphics, logos, the "Sports Performance Hub," "SPH," and related names, marks, and designs, images, video, software, and their selection and arrangement — are owned by SPH or its licensors and are protected by U.S. and international intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial purposes. No other rights are granted. All trademarks and service marks are the property of their respective owners; use of them without prior written permission is prohibited.

6. User Content

If the Site allows you to submit content (e.g., forms, reviews, images, or communications) ("User Content"), you retain ownership but grant SPH a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, and distribute such User Content in connection with operating and promoting SPH and the Site. You represent that you own or have the necessary rights to your User Content and that it does not violate these Terms or any law. We may remove any User Content at our discretion. If your User Content includes the name, image, or likeness of a minor, you represent that you are the minor's parent or legal guardian, or have obtained the parent's or guardian's consent, to submit it and to grant the license above.

7. Third-Party Links and Services

The Site may link to or integrate third-party websites, platforms, or services (including scheduling, payment, analytics, and body-scanning/performance-technology providers). We do not control and are not responsible for third-party content, products, or practices. Your use of third-party services is governed by their terms and privacy policies.

8. Health, Fitness, and Assumption of Risk

SPH provides sports-performance, training, educational, and related information and services. Site content is provided for general informational purposes and is not medical, health, or professional advice. Consult a qualified professional before beginning any training, fitness, nutrition, or performance program. Participation in athletic and performance activities involves inherent risks; any in-person participation is governed by separate waivers and assumption-of-risk agreements. You use the Site and any information on it at your own risk.

9. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT IS ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPH AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. SPH'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID SPH IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless SPH and its members, managers, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your User Content, or your breach of these Terms or any law or third-party right.

12. Termination

We may suspend or terminate your access to the Site at any time, with or without cause or notice. Sections that by their nature should survive (including Sections 5, 6, 9, 10, 11, 12, 13, 14, 15, and 16) survive termination.

13. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this Section carefully. Except for claims that qualify for small-claims court or for injunctive relief to protect intellectual property, you and SPH agree that any dispute arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Miami-Dade County, Florida. You and SPH waive any right to a jury trial and to participate in a class, collective, or representative action. Arbitration will be conducted on an individual basis only. If this class-action waiver is found unenforceable, the arbitration provision will be void as to the affected claims, which will proceed in the courts identified in Section 14. You may opt out of arbitration by sending written notice to info@sportsperformancehub.com within thirty (30) days of first accepting these Terms.

14. Governing Law; Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to Section 13, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and you consent to personal jurisdiction and waive any objection to venue there.

15. General

These Terms (with the Privacy Policy and SMS Policy) are the entire agreement between you and SPH regarding the Site and supersede prior agreements on that subject. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them freely. Nothing creates any partnership, agency, or employment relationship. Headings are for convenience only.

16. Contact

Sports Performance Hub (VSGS Facilities, LLC)

11430 NW 20th Street, Suite 101, Miami, FL 33172

Email: info@sportsperformancehub.com