By Joining Titan Network You Accept The Following Terms and Conditions
The following terms and conditions govern the agreement between the purchaser of Titan Network (“the “Member”) and 9 Elephants LLC (DBA Titan Network) [the “Company” or “Titan”] having its principal place of business located at 2262 Flournoy Circle South #2301 Clearwater, FL 33764. The terms and conditions are attached hereto and entered into effective as of the date of Your signature on the agreement (“Effective Date”). You and 9 Elephants LLC are each referred to as “Party” and collectively as the “Parties.”
1. ACCEPTANCE OF TERMS
By accessing, participating,or using the Titan Network (dba of 9 Elephants, LLC) and / or by signing this form the Member agrees to be bound by these Terms, which the Member acknowledges that they have read and understood the contents of this document and that they will adhere to its contents.
In consideration for the content and services Titan Network provides the Member agrees to be subject to the terms and conditions of this contract.
2. EARNINGS AND INCOME DISCLAIMER:
Titan Network, (heretofore referred to as “Titan” or “Titan Network”) and/or its affiliates provide a network or information and support to help the Member on the Member’s business journey. Titan Network can not and does not make any guarantees about the Member’s ability to get results or earn any money with our ideas, information, tools, or strategies. The Member should know that all products and services by our company are for educational and informational purposes only. The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice. Although care has been taken in preparing the information provided to the Member, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage however arising. The laws by state and or country, are constantly changing, and
therefore it affects each individual and business in different ways. As a result, it is recommended that the Member seeks outside financial, insurance, and/or legal counsel relating to the Member’s specific circumstances as needed. The Member is hereby advised to consult with the Member’s tax consultant, accountant, insurance agent, or lawyer for any and all questions and concerns the Member has, may have, or hereafter has regarding the Member’s own liability, income and taxes, and any and all information presented by our Website, Programs or Services pertaining to the Member's specific financial and/or legal situation.
3. PAYMENT AND CONTRACT TERMS
Trial Period Program: The Company shall provide the Member access to the Network and all that it offers for a trial period of 14 days commencing upon the date that they are added to the Titan Network app. To gain access to this trial, Member shall pay the contract in full. Membership will automatically renew for an annual membership on the 15th day. Member will not be entitled to a refund of the unused days in the first month should they choose to cancel. If the Member decides they want to cancel they must do so before the end of the 14 day trial period by emailing email@example.com. Notice of cancellation must be received within the 14-day trial period or the contract will automatically renew for a full 12 months term. During the 14-day trial period, all other aspects of this contract with the exception of the commitment on time are in full force and effect.
Partial Refund: If Member exercises their right to cancel within the 14 day trial period, Member will continue to have access to the Titan Network for the remainder of that first month. Member will be entitled to a partial refund of their one time payment and $666.66 shall be retained by Titan Network.
Term: This contract between the Member and Titan Network (9 Elephants LLC) shall be binding for a period of one year.
Renewal: At the end of the annual contract term, the subscription will automatically renew unless the Member expressly cancels prior to the new annual billing cycle. Member must notify Titan of the cancellation before the expiration of the annual term.
Travel: By signing this agreement the Member acknowledges and agrees that the Member’s monthly/annual membership fee for Titan Network does not include travel or lodging to any events. The Member acknowledges and agrees that any such travel or lodging expenses incurred by the Member shall be the Member’s sole responsibility and shall be in addition to any fee for Titan Network.
Payment Options: The Member’s annual membership fee shall be made in one full payment upon signup.
The billing address provided must match the address on the Member’s credit card statements. Items sold may be subject to state and local sales tax in accordance with the application laws of that state. The Member also agrees that the Member’s information will be saved to file for future transactions per the terms of this agreement. By entering the Member’s cell number and signing, the Member also agrees that Titan may call and text the Member using automated and prerecorded messages with the Member’s account information as well as offers and other information, and this consent is not a condition of purchase.
4. BILLING CYCLE:
The Membership fee for the Member’s Titan Network membership any other charges the Member may incur in connection with the Member’s use of the service will be charged on a monthly basis to the Member’s Payment Method on the calendar day corresponding to the execution of the paying portion of the Member’s membership until the Member’s membership is cancelled. Membership fees are fully earned upon payment. In some cases the Member’s payment date may change, for example if the Member’s Payment Method has not successfully settled or if the Member’s paid membership began on a day not contained in a given month. We may authorize the Member’s Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as the Member registers. In some instances, the Member’s available balance or credit limit may be reduced to reflect the authorization.
5. CANCELLATION FEES
The term of this contract is for twelve months. The Member will start to receive benefits immediately, due to this immediate and unfettered access to the network, the Member understands and agrees that under no circumstance will a refund be given.
Terms of Cancellation:
Cancellation of this agreement by the Member will be considered a breach of contract. No refunds will be issued and your access will end when Titan has received notice of your breach on contract.
6. INTELLECTUAL PROPERTY:
9 Elephants retain all right, title and interest in any and all intellectual property related to or associated with Titan Network services, including without limitation (a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of the United States. The Member understands and agrees that neither the Agreement nor the provision of the Titan Network services by 9 Elephants shall constitute a transfer, assignment, or license of any intellectual property rights from or by 9 Elephants, any of its leaders, mentors, or members. The Member acknowledges that the content of the Titan Network services, including without limitation the materials and information provided to the Member as education, is confidential and proprietary to 9 Elephants; accordingly, the Member agrees that the Member shall not communicate the teachings, materials, SOPS, or information acquired or learned from 9 Elephants (Titan Network) to any other person.
The Member agrees that the Member fully and completely holds harmless, indemnify and release Titan Network and any of our employees, shareholders, directors, staff, consultants, agents, affiliates, leaders, mentors, ambassadors, other members, or anyone else affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that the Member ever had, now has or will have in the future against us, arising from the Member’s participation in or in any way related to our Website, App, Programs, Products and Services, even if we were aware in advance of the possibility of any such claim. In the event that the Member uses any information, gift, product, program or service provided on or through our Website, App, Program, Products and Services by us or affiliated with us, we assume no responsibility. Further, the purchaser agrees to indemnify, defend, and protect the Titan Network from and against all lawsuits and costs of every kind pertaining to any violation, (to the fullest extent permitted by Florida law), this Agreement, or the rights of any third party while acting pursuant to this Agreement. Such costs include but are not limited to reasonable attorney fees, judgments, fines, taxes, penalties, and amounts paid or to be paid in settlement.
Within Titan Tough, our aim is to make you feel better, and we try to make this as much fun as possible.
We know that everyone has different aims, levels of skill, tolerance and fitness. Every moment you spend with one of our coaches is designed to focus on your needs.
Before you start any classes, we ask you to be aware and agree to our Health Commitment Statement detailed below:
Where all classes and advice are designed to be delivered in a safe controlled way, it is the responsibility of each member to ensure that they are fit and well and must not undertake any class that could detriment your health without seeking medical advice first.
If you have concerns about your physical condition, you must not do strenuous physical activities without first getting medical advice. To make sure you get the most from every activity that you do within the group in the safest possible way, you should always make sure that you warm up properly and take time to cool down after your activity. You should not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition during physical activity. You should tell the coach or a member of the membership team when you join about anything that is relevant to your physical condition.
You should continue to keep this information up to date throughout your membership. You are responsible for monitoring your own physical condition. If you suffer any unusual symptoms, you must immediately stop the activity and seek medical advice.
8. CONDUCT WHILE ON NETWORK
Member agrees to certain standards of conduct while using the Titan Network and interacting with other Members. Members shall conduct themselves with professionalism while on the Network. Further, Member agrees not to solicit business from other Titan Members. If Member is seen soliciting business from other members, Member’s access shall be terminated without refund of the remaining term. Should Member wish to use the Titan Network in a commercial manner instead of private use, such intent should be coordinated and organized with Titan Leadership. Only upon agreement of Titan leadership shall a Member be permitted to use the Titan Network for commercial purposes.
9. DISPUTES & APPLICABLE LAW
By signing below, The Member, the Member’s assigns, and partners forfeit all right to bring a suit or any kind against 9 Elephants, Titan Network, China Magic, Seller Events, or any person associated with the Network (including but not limited to Titan Leaders, Mentors, Ambassadors, Sourcing Agents, Affiliates, or Members) for any reason whatsoever the Member further waives the Member’s right to a class action. The Member understands and agrees that the Member will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to this agreement or 9 Elephants. Claims brought against 9 Elephants may not be joined or consolidated with claims brought by anyone else.
In return, The Member shall receive access to Titan Network and the resources available through that program. The Member agrees to make every effort to follow any precautions as listed in writing and/ or as explained verbally. The Member will ask for clarification when needed and will not hold Titan or above named parties responsible for any failure in the Member’s business. By signing this agreement, the Member agrees that the Member understands the risks associated with owning a business and that all decisions the Member makes are the Member’s and the Member’s alone.
If any part of this disclaimer is held to be invalid, the remaining parts will continue to be valid and enforceable.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Florida and subject to the exclusive jurisdiction of the federal and state courts located in Pinellas County, Florida, USA.
No assignment. The agreement cannot be assigned by the Member to another party without the express written consent of 9 Elephants LLC.
10. LIMITATION OF LIABILITY.
The Member agrees that in the event any liability is determined despite above indemnification, the Member agrees that damages paid by 9 Elephants LLC to the Member for a claim of any kind shall not exceed the amount paid by the Member to 9 Elephants in the twelve months preceding the event giving rise to any claim. By signing this document and/or receiving any services from Titan Network the Member waives the Member’s right to direct, indirect, or consequential damages of any kind or description even if it is determined such damages were reasonably foreseeable or "within the contemplation of the parties" at the time of contract formation.