Terms & Conditions

01Acceptance of the Terms

These terms of use are entered into between you and Titan Total Training LLC (the “Company,” “we,” or “us”). The following terms, and any documents they reference, govern your access to and use of www.t3fitnesstx.com, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user. Please read the terms of use carefully before you start to use the Website.

By using the Website, or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree to be bound and abide by these terms of use. If you do not want to agree to these terms of use, you must not access or use the Website. These terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent that you are of legal age to form a binding contract with the Company and meet all eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

02Changes to the Terms

We may revise and update these terms of use on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Website afterward. However, any changes to the dispute resolution provisions set out in Resolving Disputes will not apply to any disputes for which the parties have actual notice on or before the date the change is posted. Your continued use of the Website after the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

03Accessing the Website & Account Security

We may withdraw or amend this Website, and any service or material we provide on the Website, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. On occasion, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all such information is accurate, current, and complete. You acknowledge that all information you provide is governed by our Privacy Policy, and you consent to all actions we take consistent with it.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat it as confidential and not disclose it to any other person or entity. Your account is personal to you, and you must not provide any other person with access to this Website using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your credentials or any other security breach, and ensure that you exit from your account at the end of each session. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if you have violated any provision of these terms of use.

04Intellectual Property Rights

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except that your browser may temporarily store or cache copies for display, and you may print or download one copy of a reasonable number of pages for your own personal, non-commercial use. You must not modify copies of any materials; use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through it. If you wish to make any use of material on the Website other than as set out in this section, address your request to contact@titantotaltraining.com. No interest in the Website or any content is transferred to you, and the Company reserves all rights not expressly granted.

Website inquiries, offers and enrollment

Submitting an inquiry requests a response from T3; it does not purchase a membership or reserve a training session. Membership pricing, billing frequency, fees, cancellation and refund terms are governed by the membership agreement and the disclosures presented before enrollment. Review the total and agreement before authorizing a payment. Contact T3 at (254) 742-2020 if a displayed offer or billing term is unclear.

Archived event announcements are historical. Their prices, promotions and booking instructions are expired unless a current page explicitly states otherwise. The class schedule may change; contact the club for holiday hours or last-minute changes.

Public search engines may crawl public pages in accordance with our robots.txt and applicable law. This permission does not grant access to private APIs, member records or payment systems, or permission to republish copyrighted material.

05Trademarks

The Company name, the term T3 Fitness, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

06Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these terms of use. You must not use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website, or expose them to liability.

Additionally, you must not use the Website in any manner that could disable, overburden, damage, or impair the site; conduct abusive automated requests, bypass access controls or rate limits, or collect private information without authorization; use any manual process to monitor or copy material without our prior written consent; use any device, software, or routine that interferes with the proper working of the Website; introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or its servers; attack the Website via a denial-of-service or distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Website.

07Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

08Changes to the Website

We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up to date. Any material on the Website may be out of date at any given time, and we are under no obligation to update it. For up-to-the-minute information on class changes, contact details, and any other information regarding T3 Fitness locations, operations, programs, and offers, please contact a T3 Fitness location or use the contact information provided on this Website.

09Information About You & Your Visits

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10Linking & Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent. This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content; send communications with certain content or links; and cause limited portions of content to be displayed on your own or certain third-party websites. You may use these features solely as provided by us, and otherwise in accordance with any additional terms we provide.

You must not establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed (for example, by framing, deep linking, or in-line linking); link to any part of the Website other than the homepage; or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these terms of use. You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission, and disable any social media features and links, without notice.

11Links From the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

12Geographic Restrictions

The Website’s owner is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13Warranty Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Neither the Company nor any person associated with the Company makes any warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. The Company is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

14Limitation on Liability

TO THE EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

15Indemnification

You shall indemnify the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of use or your use of the Website, including but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these terms of use, or your use of any information obtained from the Website.

16Resolving Disputes

Governing Law

Texas law governs all adversarial proceedings arising out of this agreement or the Website.

Equitable Remedies

Each party acknowledges that a breach by either party of its obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy, and that if any such breach occurs or is threatened, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Mandatory Arbitration

You and we are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or limited in arbitration.

Arbitration Forum & Procedure

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the Website (other than a proceeding seeking an injunction, restraining order, or other equitable remedy), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, available at namadr.com/resources/rules-fees-forms. Judgment on any award may be entered in any court having jurisdiction. The activities described in these terms of use involve interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Any arbitration must be conducted by one arbitrator and conducted virtually using Zoom or a similar platform; if virtual arbitration is not possible, the arbitration must be conducted in Temple, Texas, or any other place mutually agreed by the parties. The arbitrator must not award punitive damages in addition to compensatory damages, and each party waives any right to recover such damages. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law; we will not seek attorneys’ fees and costs unless the arbitrator determines that your claim is frivolous. The arbitrator has the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the arbitration provision, except that the state or federal courts of Bell County, Texas have the authority to determine any dispute about the enforceability or validity of the class action waiver.

Small Claims Exception

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class & Jury Trial Waivers

The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. You and we knowingly and irrevocably waive any right to trial by jury.

Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and we agree that NAM will administer them in batches of up to 50 claimants each (each a “Batch”), unless there are fewer than 50 claimants in total. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator. If any part of this section is found invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability & Jurisdiction

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions will remain in force. If either party brings a proceeding seeking an injunction, restraining order, or other equitable remedy, that party may bring it only in the United States District Court for the Western District of Texas or, only if there is no federal subject-matter jurisdiction, in a state court of Texas sitting in Bell County. Each party waives any claim that such a proceeding has been brought in an inconvenient forum or that the venue is improper.

Recovering Expenses & Time Limit

In an adversarial proceeding between the parties arising out of this agreement or the Website, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses it incurs in those proceedings, including legal fees and expenses. Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website more than one year after the date that dispute arose.

17Waiver & Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy, and a waiver granted on one occasion will not operate as a waiver on future occasions. If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.

18Entire Agreement

These terms of use constitute the entire understanding between the parties with respect to the Website. You acknowledge that, because you have not relied on and will not be relying on any statements made by the Company regarding the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.

19Feedback

We welcome your feedback regarding this Website and our club locations. However, any comments, feedback, suggestions, ideas, messages, or other communications you provide (collectively, “Feedback”) through this Website or otherwise will be deemed non-confidential and will become the sole property of Titan Total Training LLC. By submitting Feedback, you assign to Titan Total Training LLC all interest in any copyrights, patents, trademarks, trade secrets, and other intellectual property or proprietary rights associated with your Feedback, and Titan Total Training LLC will have the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please ensure that you do not submit any Feedback you wish to retain ownership of or consider confidential, and avoid submitting original creative materials such as product ideas, computer code, or artwork.

20Website Operator & Contact