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Terms of Use

Effective Date: May 12th, 2023

Thank you for visiting TitanTool.com, which is owned and operated by Titan Tool, Inc. (“Titan Tool” or “we” “us” and “our”). These Terms of Use govern your use of TitanTool.com and all of our websites and customer portals, including MyTitan and Titan360, (collectively, the “Site”) and our mobile applications (the “App”) (the Site and App are collectively referred to as the “Service”). These Terms of Use constitute a legally binding agreement between you (“you” or “your”), the person or entity using the Service, and us.  As used in these Terms of Use, the term “including” means “including, but not limited to.” If you are entering into these terms on behalf of an entity, you hereby represent and warrant that you have the requisite authority to bind such entity.

If you have any questions about the Service, our Products (as defined below) or these Terms of Use, please contact us using the following information:

    Titan Tool
    1770 Fernbrook Lane
    Plymouth, MN 55447
    1-800-526-5362
    privacy@titantool.com

Your Acceptance of These Terms of Use

These Terms of Use apply to all users of the Service. By using the Service you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service, and in the case of the App, you should uninstall the App immediately.

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of the Service. These changes will be effective as of the date we post the revised version on the Service. Your continued use of the Service after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of the Service.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using the Service, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of the Service will be handled in accordance with our Privacy Policy.

Your Consent to Other Agreements

We may also require you to follow additional rules, guidelines, or other conditions to sign up to use various special features or password-protected areas of the Service, to participate in certain promotions or activities available through the Service, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of a new click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Eligibility

The Service is not targeted towards, or intended for use by, anyone under the age of 18. By installing, accessing or using the Service, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence, or at least eighteen (18) years of age and under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use, and (b) are not located in a country that is subject to a U.S. government embargo, and/or have not been listed on any U.S. government list of prohibited or restricted parties. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Service and agree not to interfere with the use and enjoyment of the Service by other users and Titan Tool’s operation or management of the Service.

Description of the Service

Among other things, this Service enables you to: (a) create and manage projects and work orders, (b) operate, track and manage your paint sprayers and (c) review diagnostics and service reminders specific to your paint sprayers. The Titan360 portion of the Service allows you to order certain Titan Tool products that we may make available for purchase (the “Products”). We reserve the right to update, modify or remove components of the Service at our discretion.

You must create an account to access certain features of the Service. One account may be associated with any given email address, and a single account will function for multiple aspects of the Service. If you create an account through the Service, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided above. Until we are so notified you will remain liable for any unauthorized use of your account. You also understand that accessing certain aspects of the Service may be limited to specific user types (“Users”), and that your ability to access certain features may be limited based on your user type. You may learn about the various User types for the App and the features available by clicking roles.

You may receive an electronic invitation email, SMS/text to join the Service from another User. You understand that we are not responsible for initiating such invitations.

The Service may include features that provide you with certain geographic data collected via global positioning satellites. Certain aspects of such location-tracking technology may be provided by a third-party service provider of Titan Tool and may be subject to additional terms and conditions from such third party and an additional fee while other components are provided by Titan Tool. If you elect to use any third-party location services, you hereby agree that we may communicate location information of your paint sprayers through such communication technologies and share such information in accordance with the Privacy Policy. You understand that the direct tracking of people is strictly prohibited.

Ownership of the Service and its Content

The Service, including all of the software and code comprising or used to operate the Service, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available through the Service (defined below) (collectively, the “Content”), and User-Generated Content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Titan Tool or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.

Subject to these Terms of Use, Titan Tool grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Service for personal use only in accordance with these Terms of Use (the “User License”). Any use of the Service in any other manner, including, without limitation, resale, transfer, modification or distribution of the Service or the Content is prohibited. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. These Terms of Use and the User License also govern any updates to, or supplements or replacements for, the Service, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Service or any software or Products or processes accessible through the Service. You further agree that, in accessing and using our Content as permitted by these Terms, you will keep intact any copyright or other proprietary notices. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third party website, or otherwise use the Content in any way except as specifically permitted by these Terms of Use or otherwise in writing by us. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.

We may terminate this license at any time for any reason. If you breach any of these Terms of Use, your license to the Content terminates immediately. Upon the termination of this license you must stop using the Service, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

Ordering Products

We may make Products available for purchase on this Site. Certain Products may only be available for purchase by certain User types. We cannot guarantee the availability of any particular Product displayed on this Site, and we reserve the right to discontinue the sale of any Product listed on this Site at any time without notice. The prices provided on this Site are quoted in U.S. dollars and are valid and effective only within the United States.  Published prices are subject to change without notice.  Except as expressly set forth below, the terms in these Terms of Use will apply to your purchase of Products regardless of any terms or prices discussed, requested or stated on any purchase orders that you may submit to Titan. No Product is shipped on consignment or guaranteed sale basis.

We strive for accuracy in all information and Content contained herein or referenced in the Site; however, due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. We reserve the right at any time and without notice to update such information and Content and to correct or remove such errors, inaccuracies, or omissions.

Additional fees for shipping and handling or sales taxes, if applicable, may be applied at or following checkout based on Titan’s then-current policies.

If you have an existing agreement with us regarding your purchase of Products recognized by Titan Tool, in its sole discretion (an “Existing Product Agreement”), your purchase of Products will be governed by such agreement instead of these Terms. Otherwise, your purchase will be subject to these Terms of Use. These Terms of Use, or your Existing Product Agreement, if applicable, are the sole terms applicable to your purchase and use of Products, and supersede and replace any additional or contrary terms that you may send to us in connection with your purchase or use of Products. If you purchase Products through the Site, Titan Tool reserves the right to reject and terminate any existing agreement you may have with us regarding your purchase of Products, in its sole discretion.

Payment

We may make available through the Website the ability to pay for Products and/or services or otherwise make payments in connection with an invoice from us (collectively, “Transactions”). In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant to us the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that we are not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information. You understand and agree that your credit card will be charged at the time of the order. We reserve the right to cancel any Transaction that does not contain accurate payment information.

Minimum Order Amount

Depending on the type and amount of Products that you purchase, a minimum order fee may apply to your Transaction. The amount of such fee, if any, and the mechanics for its application, are set forth in the shopping cart functionality of the Titan360 portion of the Site.

Shipping

We will arrange for shipment of the Products to you. Terms regarding our shipment of products to you, and the associated cost of shipping, are set forth in the shopping cart functionality of the Titan360 portion of the Site.

You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Questions About Your Transactions, Returns and/or Refunds

If you have questions about your Transaction or a Product, or if you would like to request to return a Product, please contact Titan Customer Service via phone at 1-800-526-5362 or via email at titancustomerservice@titantool.com. Titan Customer Service is available Monday through Friday, 7AM-5PM (CST), other than holidays, and is able to provide information regarding the availability of Product returns and any associated refund.

WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Trademarks

The Titan Tool names and logos, all Product and service names, all custom graphics, all button icons, and all trademarks, service marks, and logos appearing within the Service or Products, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Titan Tool (the “Titan Tool Marks”). All other trademarks, Product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Service are the property of their respective owners. You are not authorized to display or use the Titan Tool marks in any manner without our prior written permission. You are not authorized to display or use trademarks, Product names, company names, logos, service marks, and/or trade dress of other owners featured within the Service without the prior written permission of such owners. The use or misuse of the Titan Tool marks or other trademarks, Product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your Compliance with Laws

Use of the Service is unauthorized in any jurisdiction where all or any portion of the Service may violate any legal requirements, and you agree not to access the Service in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk.

Responsibility for User-Generated Content Posted On or Through the Service

“User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through the Service using the social networking tools we make available to you and that does not constitute New Ideas. “New Ideas” refers to the Content you post on or through the Service that is specifically about how we can improve the Service and the Products and services we make available through the Service.

You are solely responsible for User-Generated Content that you post, including comments, photographs and other media that you post using the Service. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who access and use the Service. Examples of User-Generated Content include comments posted to discussion boards and product reviews. User Generated Content also includes any information that you publish through any social media platform (e.g., Instagram, Twitter, Facebook, Pinterest or Google+) while using the Service.

Under no circumstances will we be liable in any way for any User-Generated Content. This means that you, not Titan Tool, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it.

Because we do not control the User-Generated Content posted on or through the Service, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing the Service, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted, or otherwise made available on or through the Service. The User-Generated Content posted on or through the Service expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Titan Tool or any person or entity associated with Titan Tool.

You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using the Service you are granting us and our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, with or without attribution, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any confidential information or Product ideas.

We may disclose and/or remove User-Generated Content. Titan Tool reserves certain rights. We reserve the right (but do not assume the obligation) to:

  • monitor all User-Generated Content
  • require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws or compliance with these Terms of Use, including, without limitation, restrictions on User-Generated Content
  • censor, editor, remove, or block any User-Generated Content at any time without notice at our sole and absolute discretion
  • disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Titan Tool or others, or to enforce these Terms of Use
  • terminate your access to and use of the Service

You agree that our exercise of such discretion does not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:

upload, post, transmit or otherwise make available:

  • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
  • any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law
  • any User-Generated Content that is false, misleading, or fraudulent
  • any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity
  • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian
  • any request for or solicitation of any personal or private information from any individual
  • any request for or solicitation of money, goods, or services for private gain
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation 

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen (18) years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

Your New Ideas

Although we do not claim ownership of User-Generated Content you post using the Service, any New Ideas (as defined below) you provide to us through the Service will be and remain our exclusive property. Your submission of New Ideas will constitute an assignment to us of all worldwide rights, title and interests in your New Ideas, including all copyrights and other intellectual property rights in your New Ideas. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any New Ideas you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any New Ideas that you do not wish to assign to us.

Removal of Content

In general. On certain pages of the Service, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable Content by contacting us using the information provided above. While we do not have any obligation to remove Content from the Service merely because of a removal request, we may remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content has already been distributed to other Websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from the Service may remain on back-up servers.

Violation of copyrights. Titan Tool does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Service or has been otherwise copied and made available on the Service in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the Service (including the URL, title and/or item number if applicable, or other identifying characteristics)
  • your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Your statement must be addressed as follows:

Titan Webmaster

1770 Fernbrook Lane

Plymouth, MN 55447

TitanWebmaster@Titantool.com

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Obligations

In consideration of your use of the Service and Products, you agree that to the extent you provide Personal Information to Titan Tool it will be true, accurate, current, and complete and that you will update all Personal Information as necessary.

You understand and agree that you are solely responsible for obtaining all required consents and approvals to share any Personal Information, including from your employees, contractors and other vendors, with us and our third-party service providers. We agree that we will only access and use such Personal Information in accordance with our Privacy Policy.

You agree to use the Service and Products in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Service any computer viruses, Trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Service is strictly prohibited. We reserve all rights and remedies available to us.

DISCLAIMERS

EXCEPT AS SET FORTH IN AN EXISTING PRODUCT AGREEMENT, THE SERVICE AND ALL THE INFORMATION IT CONTAINS ARE PROVIDED FOR INFORMATION PURPOSES ONLY ON AN “AS IS” BASIS AND COULD INCLUDE TECHNICAL, TYPOGRAPHICAL OR OTHER ERRORS. IN CERTAIN AREAS, THE INFORMATION PROVIDED MAY REPRESENT AN OPINION OR JUDGMENT.

EXCEPT AS SET FORTH IN AN EXISTING PRODUCT AGREEMENT, WE MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICE OR ITS CONTENT, OR, EXCEPT AS PROVIDED BELOW, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE OPERATION OF THE SERVICE; THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE SERVICE’S CONTENT; OR THE AVAILABILITY OF ANY PRODUCTS LISTED, DEPICTED, OR OTHERWISE REFERRED TO ON THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE, PRODUCTS AND ALL OF THE CONTENT THEREON (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE accuracy, completeness, legality, or reliability of the SERVICE AND CONTENT.

EXCEPT AS SET FORTH IN AN EXISTING PRODUCT AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, TITAN TOOL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TITAN TOOL, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICE; (C) THAT THE CONTENT OR THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; (D) THAT THE SERVICE OR PRODUCTS WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR; OR (C) THAT THE SERVICE WILL OPERATE WITH ANY PAINT SPRAYER DEVICES.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

TITAN TOOL does not endorse and is not responsible for statements, advice or opinions made by anyone other than authorized TITAN TOOL spokespersons. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND SUCH statements, advice or opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE or OPINIONS OF TITAN TOOL. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Without limiting the foregoing, certain Products offered on or promoted through the Service may be covered by a Product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any warranty for any Product available for purchase on the Service or promoted through the Service. Such warranties can be located at the following website: Warranty (titantool.com), or may be set forth in your Existing Product Agreement. Certain Products may require an additional purchase and/or a product registration in order to become subject to a Product warranty.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND EXCEPT AS SET FORTH IN AN EXISTING PRODUCT AGREEMENT, WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR PRODUCTS OR YOUR PURCHASE OF PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

The Service gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Third-Party Websites

The Service may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Titan Tool shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) and/or the information, materials, Products and/or services available through the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Titan Tool of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings commenced by you and arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold Titan Tool its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or Products and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using the Service causes or is alleged to cause us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Entire Agreement

Except for any Existing Product Agreement as expressly set forth herein, these Terms of Use (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Titan Tool with respect to the Service and Products and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Titan Tool with respect to the Service, Products and your use of the Service and Products.