TitanXT™

TERMS AND CONDITIONS

THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY (TOGETHER, THE “TERMS AND CONDITIONS”) RELATED TO THE TITANXT.COM WEBSITE (“THE SITE”). BY USING THE SITE, YOU ARE AGREEING TO SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS HEREIN, YOU ARE NOT PERMITTED TO USE THE SITE.

SUBJECT TO CHANGE WITHOUT NOTICE
TitanXT, LLC (also referred to as “TitanXT”, “we”, “us” or “our”) reserves the right to make changes to the Site, policies, and Terms and Conditions at any time and in our sole discretion. By a User's consent to the Terms and Conditions, the User obligates himself or herself to check the Terms and Conditions and all policies (including the Privacy Policy) periodically for any changes. A User's continued use of the Site after the posting of any modifications or changes to the Terms and Conditions of or any policies constitutes his or her binding acceptance of such changes.

ACCESS; USE; RESTRICTIONS
Subject to your compliance with the Terms and Conditions, we will provide you with certain services that will allow you to track your exercise training through various online tools on the Site (the “Services”). By submitting a registration form or creating a password on the Site, you represent that you are in agreement with the Terms and Conditions and that any information you provide to us on such registration form is accurate, current and complete.

ACCESS TO THE SITE IS INTENDED FOR NON-COMMERCIAL USE ONLY BY INDIVIDUALS AGED 13 OR OLDER. YOU MAY NOT ACCESS OR USE THE SITE UNLESS YOU ARE AGED 13 OR OLDER. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE OR PERSONALIZED TRAINING OR COACHING. ACCORDINGLY, SEEK APPROPRIATE ADVICE FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL RELATED TO YOUR EXERCISE OR FITNESS PROGRAM AND PHYSICAL CONDITION.

THE SITE MAY CONTAIN THIRD-PARTY ADVERTISEMENTS OR LINKS TO THIRD-PARTY WEBSITES. SUCH ADVERTISEMENTS AND LINKS ARE PROVIDED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE AN ENDORSEMENT OR WARRANTY BY TITANXT OF ANY KIND. Accessing and using such third-party websites shall be at your own risk and shall be subject to the applicable terms and conditions of use governing such third-party websites.

PASSWORDS
You are responsible for maintaining the confidentiality of your password to the Site and you are not permitted to disclose it to anyone else. You will be solely responsible for the activities of anyone accessing the Site using your password, even if you have not authorized such access. If your password has been compromised, you must promptly notify us via email at support@titanxt.com and change your password.

TERM; TERMINATION
Upon your acceptance of the Terms and Conditions by clicking the “I Agree” checkbox, you shall be permitted to access and use the Site. Access and use of the Services may be suspended or terminated by us at any time and for any reason. Further, we reserve the right to charge you for some or all of the Services, provided we notify you in advance and you are given the opportunity to terminate your account in lieu of continued use.

USER CONTENT RIGHTS
Current and future features of the Site may contain interactive areas in which you may post, upload or otherwise transmit comments or user-generated content such as photographs, videos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any interactive areas and you use them at your own risk. We reserve the right to monitor your communications using the Site. By submitting User Content to the Site, you represent that you have consented to fulfill the obligations set forth in the Terms and Conditions, which form a binding contract between you and TitanXT, LLC.
By submitting User Content to the Site, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

We reserve the right to preserve and/or disclose any and all User Content if such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the Terms and Conditions, respond to any claims that the User Content violates applicable laws or rights of third parties, or to protect the rights of TitanXT, users of the Site or the public.

If you submit any User Content or participate in any interactive areas within or in connection with the Site, you agree to abide by the following:

  1. You agree not to use the Site for any purpose in violation of local, state, national, or international laws;
  2. You agree not to upload, post or otherwise transmit material that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
  3. You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right,. Any person determined by TitanXT, in our sole discretion, to have violated the intellectual property or other rights of others may be barred from uploading posting or otherwise transmitting any further material on TitanXT;
  4. You agree not to interfere with any right to privacy of any other user of the Site, including by harvesting or collecting personally-identifiable information about such users or posting private information about them or other third parties;
  5. You agree not to upload, post or otherwise transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, or hateful to another user of the Site or any other person or entity as determined by TitanXT in our sole discretion;
  6. You agree not to upload, post or otherwise transmit material that is offensive to the online community, including expressions of bigotry, racism, abusiveness, vulgarity or profanity;
  7. You agree not to post advertisements or solicitations of business;
  8. You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any interactive area on the Site;
  9. You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
  10. You agree not to impersonate another person or falsely state or otherwise misrepresent your affiliation with any person or entity on the Site;
  11. You agree not to allow any other person or entity to use your identification to post or view comments;
  12. You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation);
  13. You agree not to engage in any other conduct that restricts or inhibits any other person from using or enjoying the interactive areas of the Site, or which, in the judgment of TitanXT exposes TitanXT or any of our customers or suppliers to any liability or detriment of any type; and
  14. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site.

OWNERSHIP
Certain graphics, logos and service names on the Site (including but not limited to TitanXT) are trademarks, service marks, or trade dress of TitanXT, or our affiliated companies. Our trademarks, service marks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by us or our affiliated companies that appear on the Site are the property of their respective owners and may or may not be used without their prior written consent.
The Services are owned and operated by TitanXT. The TitanXT software, content, visual interfaces, information, graphics, design, computer code, online platform, products, and all other elements of the Services (collectively, the "Materials") are the property of TitanXT or our subsidiaries or affiliated companies and/or other third parties. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

COPYRIGHT
All Materials, including the arrangement and compilation of the Materials, are our property or the property of our content suppliers and are protected by international copyright laws. All software used on the Site is our property or the property of our software suppliers and is protected by international copyright laws.

PRIVACY
The security of your personal information is very important to us. By agreeing to the Terms and Conditions, you also agree to comply with the terms of our Privacy Policy. All personal data provided to us by you shall be handled in accordance with that policy.

We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third parties, or other acts or omissions.
We reserve the right to use aggregated data about our users for our business purposes, including sharing such non-personally-identifiable information with third parties.

DISCLAIMER OF WARRANTIES
THE SITE (INCLUDING SERVICES, PRODUCTS AND LINKS TO THIRD-PARTY WEBSITES ON THE SITE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE AND THE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT IT IS YOUR SOLE RESPONSIBILITY TO BACK UP YOUR CONTENT.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, OR DATA, RESULTING FROM ANY USE OF THE SITE AND/OR THE SERVICES AND PRODUCTS (REGARDLESS OF WHETHER WE SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE), IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, SERVICES AND/OR PRODUCTS EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO US IN THE PRECEDING SIX (6) MONTHS FOR SUCH USE OR ACCESS. ADDITIONALLY, ANY ACTION OR CLAIM BROUGHT BY YOU MUST BE MADE WITHIN ONE (1) YEAR OF WHEN SUCH ACTION OR CLAIM AROSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS AS CONTAINED IN THIS CLAUSE. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY
You agree to defend, indemnify and hold TitanXT, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate the Terms and Conditions.

Further, you agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you upload, post or otherwise transmit to the Site.

APPLICABLE LAW
By visiting the Site, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern the Terms and Conditions and any dispute that might arise between you and us relating to the use of the Site. Any dispute relating in any way to your visit to or use of the Site shall be subject to the exclusive jurisdiction of the relevant state or federal courts located in Wake County, North Carolina, and you consent to exclusive jurisdiction and venue in such court; subject, however, to the right of TitanXT, at our sole discretion, to bring an action to seek injunctive relief to enforce these Terms and Conditions or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to you.

SEVERABILITY
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

FEEDBACK
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and Services we make available through the Site (collectively, "Feedback"). By providing Feedback, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit such feedback in any manner.