Please read the following Terms of Use (the “Terms”) carefully. They govern your use of TRIUMPH FITNESS INC.’s (“Triumph,” “we,” “us,” “our”) websites, including Triumphstudio.com, the website features, products, and services offered via the website (collectively, the “Site”). By accessing, viewing, downloading, or otherwise using the Site or any webpage or service available via the Site, you acknowledge and agree to be bound by the following terms and conditions. If you do not agree to abide by these or any future Terms of Use, DO NOT CONCLUDE THESE TERMS, AND DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SITE, VIEW, DOWNLOAD, OR OTHERWISE USE ANY TRIUMPH WEBPAGE, INFORMATION OR SERVICES. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION (ARBITRATION) CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

 

1. Intellectual Property Notices All content on the Site, including the logo, Marks (defined below) articles, documents, designs, specifications, other text and graphics on the Site (collectively, the “Site Content”) is the intellectual property of Triumph or its licensors. The Site Content available on the Site is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Triumph. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Triumph reserves the right to revoke this authorization at any time. The TRIUMPH name and all other trademarks, trade dress, slogans and logos (collectively, “Marks”) appearing on this Site are owned by or used pursuant to license by Triumph. The unauthorized use of these Marks is strictly prohibited, and you agree that you will not use these Marks in any way that suggests affiliation with, sponsorship by, or approval by Triumph without its express, written permission.

 

2. Service Eligibility You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed by Triumph; (c) are not a direct competitor of Triumph; (d) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Site is at your own risk. The Site may not be appropriate or functional for use outside the United States of America. Users located outside the United States use the Site understanding this limitation.

 

3. General Terms and Conditions You must provide correct and complete personal and business information as requested by us in the Triumph registration process. As part of your use of the Site, you may be required to submit certain content (including any name, contact information, address, date of birth, business information, and other personal information), as well as any comments, submit suggestions, ideas, questions, or other information (collectively, “User Content”). By submitting any User Content to us, you represent and warrant that such User Content is accurate, complete, and current; does not violate any other sections of these Terms; and is neither in violation of any contractual restrictions nor in violation any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. Triumph exercises no control over any User Content you or others submit while using the Site. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any User Content you or others submit while using the Site. Triumph has no obligation to verify the identity of any users when they access the Site or to supervise the User Content provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Triumph by contacting us at the information provided below. You are responsible for the security of your password and user ID. Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account even without your permission. You are prohibited from selling, trading, or otherwise transferring your Triumph account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of the Site, or any information therein. You are prohibited from registering or creating an account for any entity or individual other than yourself, unless you are expressly authorized to create accounts on behalf of the entity or individual. You acknowledge and agree that when you purchase products or services from Triumph, or provide contact information to Triumph via the Site, we may send you information and notices regarding our Site by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site. You acknowledge, consent, and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Triumph, its users, and the public.

 

4. Prohibited Conduct You expressly agree to refrain from doing, either personally or through an agent, any of the following: • Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Site. • Transmit, install, upload, or otherwise transfer any virus, malware, or other item or process to the Site that in any way affects the use, enjoyment, or service of the Site. • Transmit, install, upload, or otherwise transfer any virus, malware, or other item to the Site that in any way affects the use, enjoyment, or service of any user’s or Triumph employee’s computer or other medium used to access the Site. • Transmit, install, upload, or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive. Triumph reserves the sole discretion to determine the nature of the material. • Transmit, install, upload, or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights). • Modify the information, including headers, found on the Site. • Transmit, install, upload, or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam and phishing emails. • Engage in any action that imposes an unreasonable or disproportionately large load on the Site or that Triumph determines is detrimental to the use and enjoyment of the Site. • Use the Site for any unlawful or defamatory means. • Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

 

5. Descriptions, Information, Errors, Inaccuracies, and Omissions Triumph attempts to be as accurate possible when describing products or services offered via the Site. Triumph, however, does not warrant that products or services descriptions, pricing, promotions, offers, availability, or any other Site Content are accurate, complete, reliable, current, or error-free. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

6. Membership, Purchases, Payments, Return & Refund Policy Triumph reserves the right to refuse memberships and any order you place via the Site. No membership charges will be refunded for any reason. Reoccurring membership charges may only be avoided by completing a cancellation request of the membership in the required timeline. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include membership orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/ phone number provided at the time the order was made. We reserve the right to limit or prohibit orders, in our sole judgment. Any fitness memberships and classes purchased from Triumph are further governed by the PARTICIPANT WAIVER, RELEASE OF LIABILITY AND AGREEMENT TO IDENTIFY If you are accompanying a minor, you and the minor may be required to sign additional waivers to allow the minor to use Triumph’s facilities.

 

Membership Commitments 

Unless agreed to by Triumph otherwise, all memberships/re-occurring packages will require a four (4) month commitment. Some specific promos will require a longer or shorter commitment period. If you desire to cancel your membership, you must notify Triumph at least five (5) days before the billing date in order for us to process your cancellation. Otherwise, your membership will be cancelled in the following billing cycle. There are no partial refunds available. All class cancellations must be done 12 hours before your scheduled class. 

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Promo Redemptions

You may only redeem a new membership promotion offer ONCE every 12 rolling months.

I.E If you received an offer for a discounted first month, you will not be eligible for another discounted first month offer or promo for 12 months past the most recent membership promotion redemption 

 

 

If you purchased a 1 YEAR VIP membership you can freeze your membership for the MAXIMUM of 90 days in that 12month period. There are NO REFUNDS for 1 YEAR VIP or ANY membership charges after they have processed.

 

You can cancel a class reservation by simply logging into your account and selecting a class that you want to cancel. You may also call Triumph at 260-217-0820 to cancel. If you do not speak to anyone, your class is NOT cancelled. Voicemails are not to be assumed to be processed and you must confirm via your app or website that you have removed yourself from class. If you cancel prior to 12 hours your class credit will be returned to your account. If you do not cancel before 12 hours, the credit will not be returned to your account. If the class is reserved using the unlimited monthly membership and is not canceled before 12 hours, triumph reserves the right to charge a “late cancel fee” of $12. If you do not cancel and do not attend the class, it will result in a loss of credit or a $15 no show fee.

 

7. INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRIUMPH AND ITS SUBSIDIARIES, PARENT COMPANY, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES, AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO THE SITE (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.

 

8. DISCLAIMER OF WARRANTIES SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY SERVICES THEREFROM, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, THE SITE CONTENT, AND ANY SERVICES THEREFROM, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TRIUMPH DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRIUMPH MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE, THE SITE CONTENT, AND ANY SERVICES THEREFROM. TRIUMPH MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE, THE SITE CONTENT, OR ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ITS SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE, THE SITE CONTENT, OR ANY SERVICES, WILL BE CORRECTED. IN PARTICULAR, THE SITE’S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. TRIUMPH DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TRIUMPH DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE, THE SITE CONTENT, OR ANY SERVICES, DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM TRIUMPH, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. TRIUMPH IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE, THE SITE CONTENT, OR ANY SERVICES, WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE, OR IN CONNECTION WITH THE SITE CONTENT, OR ANY SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY. TRIUMPH DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING THE SITE, THE SITE CONTENT, OR ANY SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE, THE SITE CONTENT, OR ANY SERVICES BY OTHER USERS; THEREFORE, TRIUMPH DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF TRIUMPH. TRIUMPH DOES NOT GUARANTEE AND IS NOT OBLIGATED TO GUARANTEE THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF THE SITE, THE SITE CONTENT, OR ANY SERVICES. TRIUMPH, IN OUR SOLE DISCRETION, MAY INTERRUPT THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF THE SITE, THE SITE CONTENT, OR ANY SERVICES, WITHOUT NOTICE, AT ANY TIME, WITHOUT ANY LIABILITY.

 

9. LIMITATION OF LIABILITY SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE FULL EXTENT PERMITTED BY LAW, TRIUMPH IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH TRIUMPH, EVEN IF TRIUMPH HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE CONTENT, OR ANY SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR ANY SERVICES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY, OR DISTRIBUTE.

 

10. Arbitration At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.

 

11. Limitation of Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

12. Termination of Service We reserve the right, at our sole discretion, to terminate any and all access to the Site AND ANY SERVICES THEREFROM provided to you at any time without notice for any reason. We also reserve the right, at our sole discretion, to discontinue the Site and any service or modify the Site or any service without notice, at any time, and without liability. We reserve the right, at our sole discretion, to terminate the Site and/or services to you, and to deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. You agree that any material breach of these Terms will result in irreparable harm to Triumph for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Triumph will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Triumph seeks such an injunction.

 

13. Third Party Content You may find links to other Internet sites or resources on the Site, or the Site Content. You acknowledge and agree that Triumph is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any of the Site Content, advertising, products, or other materials on or available from such sites or resources. Triumph will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.

 

14. Use of Third Party Applications Triumph uses third party applications, hardware, software, and services in providing the Site to you. For the purposes of providing the Site to you— including but not limited to, making purchases, fulfilling orders, shipping orders and processing payments — Triumph will pass data—including, but not limited to, user login credentials, contact data, email addresses, payment information, and other stored information — to third parties. Triumph is not required to disclose third parties involved in any of the above-described transactions or features.

 

15. Controlling Law All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms, the Privacy Policy) and/or the Site shall be instituted exclusively in the state or federal courts of Allen County, Indiana although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

16. Entire Agreement These Terms contain the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect. 17. Questions, Comments or Concerns The Site is provided and operated by TRIUMPH FITNESS INC., 4107 Rocky Knoll Ct., Fort Wayne, IN, 46809. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@TRIUMPH-studio.com. Copyright © 2020 TRIUMPH FITNESS INC. All Rights

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