Legal notice

Titan Fitness Terms of Use

Last modified 20/12/2017

Please read these Terms of Use (“Terms of Use”) carefully. These Terms of Use are an agreement between you and Titan Fitness LTD. (“Titan Fitness,” “we” or “us”) governing your use of (including any access to) the Titan Fitness website, currently located at www.titanbody.co.uk and the information, services, products, materials and programs offered through the Site and/or the App (collectively, together with the Site and the App, the “Online Services”) to you subject to these Terms of Use, which may be amended as described below. By accessing or using the Online Services, you agree to these Terms of Use. These Terms of Use hereby incorporate by this reference any additional terms and conditions with respect to the Online Services that are made available by Titan Fitness through the Online Services, or otherwise made available to you by Titan Fitness.

Notwithstanding the foregoing, the “Online Services” will be deemed to exclude Titan Fitness gym memberships, classes and training services, and other services that are not provided through the Site and/or the App (collectively, “Other Services”), the purchase and/or use of which may be subject to separate terms, conditions and/or policies provided by Titan Fitness, whether or not provided through the Site or the App (collectively, “Other Terms”). For example, gym memberships are subject to, among other things, the terms and conditions of our Membership Policies and Club Membership Agreement. For clarity, in the event of any dispute arising out of or related to any Other Service, the terms and conditions of the applicable Other Terms will govern with respect to such dispute.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS OR OTHER COURT PROCEEDINGS.

THESE TERMS OF USE ALSO CONTAIN LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION PROVISIONS THAT MAY LIMIT YOUR RIGHTS PURSUANT TO APPLICABLE LAW.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE ONLINE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY COMPANY, CORPORATION, PARTNERSHIP, ORGANIZATION OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT; IF YOU DO NOT HAVE SUCH LEGAL AUTHORITY, SUCH ORGANIZATION WILL NOT ACCESS, USE OR OTHERWISE BENEFIT FROM THE SERVICE. References to “you” and “your” in these Terms of Use will refer to both the individual using the Online Services and any such Organization.


Changes to These Terms of Use

We may change these Terms of Use at any time, and we may notify you of such changes by any reasonable means, including by making the updated Terms of Use available through the Online Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we make available the updated Terms of Use incorporating such changes, or otherwise notify you of such changes. Your continued use of the Online Services following any changes to these Terms of Use indicates your agreement to the updated Terms of Use. Accordingly, we urge you to review any updated Terms of Use, and if you do not agree to such updated Terms of Use, do not access or use the Online Services. The “Last modified” legend above indicates when these Terms of Use were last updated.


Children

By using (including any purchase of) any Online Service, you agree and warrant that you are 18 years old or older and are of legal age to enter into this agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of parental control protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers; please note that Titan Fitness does not endorse any of the products or services listed on such site.


Important Note Regarding Information Related to Health

CALL 999 OR GO TO YOUR NEAREST HOSPITAL EMERGENCY ROOM IN THE EVENT OF AN EMERGENCY SITUATION.

YOUR USE OF THE ONLINE SERVICES AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES MAY MAKE AVAILABLE INFORMATION REGARDING HEALTH (“HEALTH INFORMATION”). PRIOR TO PARTICIPATING IN ANY EXERCISE PROGRAM OR ACTIVITY, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL. YOU AGREE THAT YOU WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OR RELIANCE ON OF ANY HEALTH INFORMATION, INCLUDING ANY TECHNIQUES, IDEAS AND SUGGESTIONS ACCESSED THROUGH OUR ONLINE SERVICES, IS AT YOUR SOLE DISCRETION AND RISK.

OUR ONLINE SERVICES, AND ANY HEALTH INFORMATION, (A) ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS; AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY HEALTH INFORMATION. HEALTH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF HEALTH INFORMATION. THE RELATIONSHIP BETWEEN YOU AND US IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION MADE AVAILABLE BY THE ONLINE SERVICES.


Information Submitted Through the Online Services

Your submission of information through the Online Services is governed by the Online Services’ Privacy Policy, located at http://www.titanbody.co.uk/Policy.html  (the “Privacy Policy”). You agree to provide true, accurate, current and complete information about yourself as prompted by our Online Services’ registration form and to update that information to keep it accurate.


Permitted Use and Restrictions

Solely for so long as you are permitted by Titan Fitness to use the Online Services and subject to your compliance with the requirements and restrictions of these Terms of Use, you may, and you agree that you are only authorized to, access and use the Online Services solely for your own personal, non-commercial use or, if you are an Organization, solely for your own internal business use.
The App is licensed (not sold) to end users. Solely for so long as you are permitted by Titan Fitness to use the App and subject to your compliance with the requirements and restrictions of these Terms of Use, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely for your own personal, non-commercial use, or, if you are an Organization, solely for your own internal business use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the App and delete the App from your device.
You agree that, absent our express prior written consent, you shall not duplicate, download, publish, modify, create derivative works, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or the use of) the Online Services except as specifically authorized herein. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software that are part of the Online Services are the property of Titan Fitness or our licensors and are protected by U.S. and international copyright laws. You also agree that, in connection with our Online Services, you will not:

  • violate or solicit the violation of any applicable local, state, national or international law;
  • infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
  • post, transmit or otherwise make available through or in connection with any Online Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; or (c) obscene, indecent, pornographic or otherwise objectionable;
  • post, transmit or otherwise make available through or in connection with the Online Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  • harvest or collect information about users of the Online Services;
  • restrict or inhibit any other person from using the Online Services;
  • reverse engineer, decompile or disassemble any portion of the Online Services, except to the extent such restriction is expressly prohibited by applicable law;
  • remove any copyright, trademark or other proprietary rights notice from the Online Services;
  • frame or mirror any portion of the Online Services, or otherwise incorporate any portion of the Online Services into any product or service, without our express prior written consent;
  • systematically download and store Online Services content; or
  • interfere with or disrupt our Online Services or the servers or networks used to make the Online Services available; or violate any requirement, procedure or policy of such servers or networks.

Furthermore, you agree that you will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from our Online Services, except, subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, to use such information or content for purposes of listing our Online Services with a publicly available search engine or other publicly available service designed to direct users to the Site. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Online Services.


Termination; Violation of these Terms of Use

These Terms of Use are effective until terminated. Titan Fitness may terminate these Terms of Use at any time and without prior notice, for any or no reason. Upon any such termination, your right to use the Online Services will immediately cease, and Titan Fitness may, without liability to you or any third party, immediately deactivate or delete your Access Credentials and account, and all associated materials (including any of Your Submissions), without any obligation to preserve or provide any further access to such materials. Except with respect to the access and usage rights set forth in the first sentence of the section titled “Permitted Use and Restrictions” and the sections titled “Changes to These Terms of Use” and “Changes to the Online Services,” the terms and conditions of these Terms of Use shall survive any termination of these Terms of Use.

Without limiting the foregoing, you understand and agree that, in Titan Fitness’s sole discretion, and without prior notice, Titan Fitness may terminate your access to the Online Services, or exercise any other remedy available and remove any unauthorized user information, if Titan Fitness believes or suspects that any of your actions or inactions have violated or are inconsistent with these Terms of Use, violate the rights of Titan Fitness or any third party, or violate the law. You agree that monetary damages may not provide a sufficient remedy to Titan Fitness for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.


Copyright Policy

We may terminate the privileges of any user who engages in copyright infringement in connection with his or her use of the Online Services.


 

Monitoring

We may (but have no obligation to) monitor, evaluate, or analyze Your Submissions and your access to or use of the Online Services. We may disclose Your Submissions, any information regarding Your Submissions, your access to and use of the Online Services, and the circumstances surrounding such Submissions, access or use, to anyone for any reason or purpose. We may also alter or remove Your Submissions.

 

 

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