Terms of Service

Effective Date: January 1, 2017
Last Updated: January 1, 2026

OVERVIEW

This website is operated by AGOGIE, a brand owned and operated by Phalyx LLC (“Company,” “we,” “us,” or “our”). By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service (“Terms”). If you do not agree to these Terms, you may not access the website or use our services.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

You represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose. Violation of these Terms may result in immediate termination of services.

SECTION 2 – PRODUCT USE; ASSUMPTION OF RISK; PERFORMANCE DISCLAIMER

AGOGIE products are performance apparel designed for physical activity and resistance-based training. Physical exercise involves inherent risks, including muscle strain, joint injury, falls, and other bodily injury.

By purchasing and using AGOGIE products, you:

• Voluntarily assume all risks associated with physical activity and resistance-based training.
• Accept full responsibility for any injury, damage, or loss arising from use or misuse of our products.
• Agree to consult a physician before beginning any exercise program.

AGOGIE products are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary.

All product descriptions, testimonials, performance claims, or customer results are provided for informational purposes only. We do not guarantee specific physical, athletic, or health outcomes.

SECTION 3 – PRODUCT TESTING DISCLAIMER

While AGOGIE products undergo internal quality control testing, they are not guaranteed to prevent injury. Improper sizing, excessive wear, misuse, overexertion, or failure to follow proper exercise techniques may result in injury.

To the fullest extent permitted by law, Phalyx LLC disclaims liability arising from improper use or failure to follow safe training practices.

SECTION 4 – ACCURACY OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or outdated. We reserve the right to modify content at any time without obligation to update.

SECTION 5 – PRICING & SERVICE MODIFICATIONS

Prices are subject to change without notice. We reserve the right to modify or discontinue the Service at any time.

SECTION 6 – BILLING & ACCOUNT INFORMATION

We reserve the right to refuse or cancel orders at our sole discretion. You agree to provide accurate billing and account information.

SECTION 7 – INTELLECTUAL PROPERTY

All content, trademarks, logos, product designs, patents, copyrights, graphics, text, and materials are the exclusive property of Phalyx LLC. Unauthorized use is strictly prohibited.

SECTION 8 – DISCLAIMER OF WARRANTIES

The Service and all products are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

SECTION 9 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, the total liability of Phalyx LLC and AGOGIE for any claim shall not exceed the amount paid by you for the product giving rise to the claim.

We shall not be liable for indirect, incidental, punitive, or consequential damages.

SECTION 10 – FORCE MAJEURE

We are not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, supply chain disruptions, government actions, labor disputes, carrier delays, war, or public health emergencies.

SECTION 11 – CHARGEBACK POLICY

You agree to contact us before initiating a chargeback. Fraudulent chargebacks may result in recovery of fees, account restriction, and civil action.

SECTION 12 – DISPUTE RESOLUTION; MEDIATION; ARBITRATION; CLASS WAIVER; JURY WAIVER

Mandatory Mediation First:
Before initiating arbitration, the parties agree to attempt good-faith mediation in Missouri.

Binding Arbitration:
Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA). Arbitration shall take place in Missouri before a single arbitrator.

Class Action Waiver:
Disputes must be brought on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding.

Jury Trial Waiver:
To the fullest extent permitted by law, you and Phalyx LLC waive the right to a jury trial.

If arbitration is deemed unenforceable, disputes shall be resolved exclusively in the state of Missouri, in Saint Louis County, or in federal courts.

SECTION 13 – CALIFORNIA RESIDENTS

If you are a California resident, you waive California Civil Code Section 1542, which states that a general release does not extend to claims unknown at the time of release.

SECTION 14 – INTERNATIONAL USERS & GDPR

This website is operated from the United States. If you access the site from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

For users in the European Union or other jurisdictions with data protection laws, we process personal data in accordance with our Privacy Policy. By using our site, you consent to the transfer of your data to the United States.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

SECTION 16 – GOVERNING LAW

These Terms are governed by the laws of the State of Missouri, without regard to conflict of law principles.

SECTION 17 – CHANGES TO TERMS

We reserve the right to update these Terms at any time. Continued use of the website constitutes acceptance of changes.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to: service@agogie.com