Last Updated: July 3, 2020
Titan Virtual Showroom, a platform operated by Titan Sunrooms, Inc. (“Titan,” “us,” and “we”). Titan provides an online platform that allows individuals to purchase Titan sunroom enclosures, and also facilitates appointments for Titan customers to show their enclosure to potential purchasers of such services, as further described in Section 1 below.
PLEASE BE AWARE THAT SECTION 18 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
- How the Titan Services Work. We sell certain Titan-branded enclosures (“Enclosures”) through our Website. Because we do not have a retail showroom that we own or operate, we have created a platform where potential customers can see how the Enclosures look in homes where our customers have purchased such Enclosures. Our Services may be used to facilitate the reserving of showroom appointments (“Showroom Appointments”) between users who have purchased Enclosures and wish to use their residential home (“Property”) to show such Enclosures (“Hosts”) and users who would like to schedule a time to view and evaluate such Enclosures at the Host’s Property (“Guest”). The Hosts and Guests make arrangements for Showroom Appointments directly with each other through the Platform. If a Guest is interested in purchasing Enclosures, the Guest may also do so through the Services. Titan is not an owner or operator of any of the Properties. Our responsibilities are limited to facilitating the availability of the Services as described herein.
HOSTS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF TITAN. TITAN DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH SHOWROOM APPOINTMENTS AND DOES NOT EMPLOY HOSTS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT TITAN DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A HOST’S SHOWROOM APPOINTMENTS. THE RELATIONSHIP BETWEEN HOSTS AND TITAN ARE THAT OF AN INDEPENDENT CONTRACTOR.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS DIRECTLY WITH EACH OTHER. TITAN CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY HOSTS, GUESTS, PROPERTIES OR MERCHANDISE. TITAN IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SHOWROOM APPOINTMENTS, PROPERTIES AND MERCHANDISE. ACCORDINGLY, ANY SHOWROOM APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK.
- Use of the Services and Company Properties. The Website and/or the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “Titan Properties”) are protected by copyright laws throughout the world.
- Subject to these Terms, Titan grants you a non-transferable, non-exclusive, revocable, limited license to (a) use and access the Website solely for your own personal purposes; and (b) access and use the content and information made available by Titan on the Website solely for personal purposes.
- The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Titan Properties or any portion of Titan Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Titan Properties (including images, text, page layout or form) of Titan; (c) you shall not use any metatags or other “hidden text” using Titan’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Titan Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access Titan Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Titan Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Titan Properties. Any future release, update or other addition to Titan Properties shall be subject to the Terms. Titan, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Titan Properties terminates the licenses granted by Titan pursuant to the Terms
- Third-Party Materials.
As a part of Titan Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Titan to monitor such materials and that you access these materials at your own risk.
- Account Registration.
In order to access certain features of the Titan Properties, including for Hosts to make space profiles, you may be required to set up an account. In registering an account through the Services, you agree to (1) provide true, accurate, current, and complete information as prompted by the registration form, and (2) maintain and promptly update any such registration data to keep it true, accurate, current, and complete. You represent that you are at least eighteen (18) years old, of legal age to form a binding contract, and not a person barred from using the Titan Properties under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Titan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Titan has the right to suspend or terminate your account and refuse any and all current or future use of Titan Properties (or any portion thereof).
- Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to Titan Properties, including but not limited to, a mobile device that is suitable to connect with and use Titan Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Titan Properties.
- Account Registration.
- Responsibility for Content.
- Types of Content.
- No Obligation to Pre-Screen Content.
You acknowledge that Titan has no obligation to pre-screen Content (including, but not limited to, User Content), although Titan reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Titan pre-screens, refuses or removes any Content, you acknowledge that Titan will do so for Titan’s benefit, not yours. Without limiting the foregoing, Titan shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
Unless expressly agreed to by Titan in writing elsewhere, Titan has no obligation to store any of Your Content that you Make Available on Titan Properties. Titan has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Titan Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Titan retains the right to create reasonable limits on Company’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Titan in its sole discretion.
- Types of Content.
- Scheduling Showroom Appointments.
- Creating a Listing.
In order for Titan to create a space profile for a Host, you will be asked to submit responses to a variety of questions about your Property and/or the Enclosures, including, but not limited to, your name, a personal headshot, the location of your Property, a description of your Property, parking restrictions, description of the Enclosures, and availability of the Property to schedule Showroom Appointments. In order to be featured as a Host via the Services, your Property(ies) must have a valid physical address. Listings will be made publicly available via the Website and Services. You understand and agree that the placement or ranking of listings in search results may depend on a variety of factors, including, but not limited to, user preferences, ratings and/or ease of scheduling.
- Showroom Appointments.
Any users may browse and/or book your designated available Showroom Appointments at your Property via the Website and Services based upon the information provided in your listing, your Guest requirements, and the Guest’s search parameters and preferences. Upon booking a Showroom Appointment, each Guest represents that it will provide truthful and accurate information (including name and email address) in booking a Showroom Appointment, such Guest is at least eighteen (18) years old and not a person barred from using Titan Properties under the laws of the United States, the Guest’s place of residence or any other applicable jurisdiction.
- Rules Regarding Listings.
You acknowledge and agree that you alone are responsible for any and all listings and Content you post. Accordingly, you represent and warrant that any listing you post and the reservation of a Showroom Appointment in a listing you post (i) will not breach any agreements you have entered into with any third parties, including, with respect to your Property(ies), homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations (whether federal, state, or local) that may apply to your Property and/or Enclosures (including parking regulations), and (b) not conflict with the rights of third parties. Please note that Titan assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Titan reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Website or Services or other users.
- Agreements between Guests and Hosts.
If you are a Host, you understand and agree that Titan does not act as an insurer or as your contracting agent. If a Guest requests a Showroom Appointment at your Property, any agreement you enter into with such Guest is between you and the Guest and Titan is not a party to it.
- Responsibility for Third Parties.
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property or who lead, participate in, or are otherwise present the Showroom Appointment at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Showroom Appointment, if applicable.)
Titan recommends that Hosts obtain appropriate insurance to cover activities that might occur at Showroom Appointments. Please review any insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Property, if applicable) while at your Property or participating in your Showroom Appointment.
- Creating a Listing.
- Titan Properties.
Except with respect to Your Content and User Content, you agree that Titan and its suppliers own all rights, title and interest in Titan Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Titan Properties.
“Titan” and other related graphics, logos, service marks and trade names used on or in connection with Titan Properties or in connection with the Services are the trademarks of Titan and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Titan Properties are the property of their respective owners.
- Other Content.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Titan Properties. Titan prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Services.
- Your Content.
Titan does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in Titan Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display (including on any and all social media platforms), Your Content (in whole or in part) for the purposes of operating and providing Titan Properties to you and to our other users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit in a listing or to any “public” area of Titan Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Titan, are responsible for all of Your Content that you Make Available on or in Titan Properties.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on Titan Properties, you acknowledge and agree that you will have no ownership or other property interest in your Account, and your further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Titan.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Titan through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Titan has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Titan a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Titan Properties.
- Titan Properties.
- User Conduct.
You agree that you will not, under any circumstances:
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any Titan Properties;
- Interfere with or damage Titan Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- Modify or cause to be modified any files that are a part of Titan Properties;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support Titan Properties; or (ii) the enjoyment of Titan Properties by any other person;
- Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon Titan Properties, or other attempts to disrupt Titan Properties or any other person’s use or enjoyment of Titan Properties;
- Attempt to gain unauthorized access to Titan Properties, or to the computers, servers or networks connected to Titan Properties by any means other than the User interface provided by Titan, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of Titan Properties;
- Access, tamper with or use non-public areas of Titan Properties, Titan’s computer systems, or the technical delivery systems of Titan’s providers;
- Attempt to probe, scan, or test the vulnerability of any Company system or network, or breach any security or authentication measures;
- Disrupt or interfere with the security of, or otherwise cause harm to, Titan Properties, systems, resources, servers or networks connected to or accessible through Company Properties or any affiliated or linked sites;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Titan or any of Titan’s providers or any other third party (including another User) to protect Titan Properties;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
- Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise).
In connection with your use of Titan Properties, you shall not:
- Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, Titan personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
- Stalk or otherwise harass any other user of our Titan Properties; or
- Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
- Ratings and Reviews.
The Services may allow users to post reviews, ratings and comments about Hosts and Guests (collectively, “Reviews”), and in such event, you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are User Content that is not endorsed by Titan and does not represent the views of Titan. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. Titan shall have the right, but not the obligation to monitor or review any Reviews at any time. Titan reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Titan is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Titan does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Host or Guest; (ii) you will not provide a rating or review for any Guest or Host with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If Titan determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
Titan may, but is not obligated to, monitor or review Titan Properties and Content at any time. Without limiting the foregoing, Titan shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Titan does not generally monitor user activity occurring in connection with Titan Properties or Content, if Titan becomes aware of any possible violations by you of any provision of the Terms, Titan reserves the right to investigate such violations, and Titan may, at its sole discretion, immediately terminate your license to use Titan Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- Interactions with Other Users.
You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Titan reserves the right, but has no obligation, to intercede in such disputes. You agree that Titan will not be responsible for any liability incurred as the result of such interactions.
YOU UNDERSTAND THAT TITAN DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. TITAN ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS REGISTERED USERS. TITAN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS. TITAN RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- Content Provided by Other Users.
Titan Properties may contain User Content provided by other Users, including listings. Titan is not responsible for and does not control User Content. Titan has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
- Third-Party Websites, Applications & Ads.
- Content Provided by Other Users.
- Fees, Payments and Purchase Terms
- Enclosures Pricing and Fees.
- Enclosures Descriptions.
Descriptions, images, references, features, content, specifications, products, prices, and availability of any Enclosures are subject to change without notice, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of our Enclosures, including the applicable colors; however, the actual color you see will depend on your computer system or mobile device, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Enclosures on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Website. By placing an order, you represent that the Enclosures ordered will be used only in a lawful manner and only for your personal, non-commercial use. You will have no right to resell any Enclosures unless we have entered into a separately signed reseller agreement. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Enclosures; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service.
- Payments and Payment Disputes.
You agree to pay all charges incurred by you or any users of your Account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Customers must provide a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or any other payment or financial mechanism specified by Titan (“Payment Provider”) as a condition to making any payments. All information that you provide to us or our Payment Providers must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: firstname.lastname@example.org.
Titan currently only ships products to addresses within the 48 contiguous United States. When you place an order, we will confirm your address by sending an email to the email address you provided when you placed your order. Your placement of an order through our Website is an offer to purchase the Enclosures ordered and we may accept your order by processing your payment and shipping the Enclosures. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your order or any part of your order. No order will be considered accepted by Titan until the Enclosures has been shipped. If some of Enclosures in your order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline to accept your order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
We want you to be happy with the Enclosures that you purchase from us. If you are not completely happy, please feel free to contact us at email@example.com with any questions or concerns.
- Payment Terms for Hosts.
If you are a Host and a Showroom Appointment is scheduled, we will send you a message confirming such Showroom Appointment. Titan will pay you, as a Host, a Host fee of twenty dollars ($20) per Showroom Appointment confirmed and attended by you and a Guest. This Host fee may change from time to time, so please be sure to check our current fees. We may elect to run promotional incentive programs from time to time to provide Hosts with an opportunity to increase their Host fees. Additional terms and conditions may apply to any such program and will be made available to you during the promotional incentive program period. Any payments due hereunder will be made on a weekly basis for all Showroom Appointments occurring during a given week, within seven (7) days of the end of the applicable week. Hosts, not Titan, are solely responsible for honoring any Showroom Appointments and making available the Enclosures and Property, as reserved through the Services. You acknowledge and agree that you, and not Titan, will be responsible for performing the obligations required by any Showroom Appointment, and that, with the exception of Titan’s payment obligations hereunder, Titan disclaims all liability arising from or related to any such Showroom Appointments. Hosts and Guests may cancel a Showroom Appointment at its election; however, Host will not receive a Host fee in the event of a cancellation by either Host or Guest.
- Enclosures Pricing and Fees.
- Host Conditions. When making your Enclosures and Property available for a Showroom Appointment, you agree to comply with our rules for listing and that:
- You are responsible for the accuracy and content of the listing, including the description of the Property and/or Enclosures.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
- We strive to create a platform where Guests can find what they are looking for. Therefore, the appearance or placement of listing in search and browse results will depend on a variety of factors, including, but not limited to:
- Guest’s location, search query, browsing sites, and history;
- Location of the Property, listing format, schedule of availability, history, and relevance to the user query.
- Host’s history, Host’s rating, Reviews, and feedback; and
- Number of listings matching the Guest’s query. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Guest.
- Indemnification. You agree to indemnify and hold Titan, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Titan Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Titan Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; (e) your interactions with other users; and (f) your violation of any applicable laws, rules or regulations. Titan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Titan in asserting any available defenses. This provision does not require you to indemnify any of the Titan Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Titan Properties.
- Disclaimer of Warranties and Conditions
- As Is.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF TITAN PROPERTIES IS AT YOUR SOLE RISK, AND TITAN PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TITAN EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
- TITAN MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) TITAN PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF TITAN PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF TITAN PROPERTIES WILL BE ACCURATE OR RELIABLE.
- ANY SHOWROOM APPOINTMENT BOOKED THROUGH THE SERVICES, OR ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH TITAN PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS TITAN PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TITAN OR THROUGH TITAN PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- From time to time, TITAN may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Company’s sole discretion. The provisions of this section apply with full force to such features or tools.
- No Liability for Conduct of Third Parties.
YOU ACKNOWLEDGE AND AGREE THAT TITAN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TITAN LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. TITAN MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TITAN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH COMPANY PROPERTIES.
- No Liability for Conduct of Other Users.
WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY, DATA, AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. TITAN WILL NOT BE LIABLE FOR ANY FALSE OR MISLEADING STATEMENTS MADE BY USERS OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF TITAN PROPERTIES. YOU UNDERSTAND THAT TITAN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF TITAN PROPERTIES.
- As Is.
- Third Party Sites; Release
- Third Party Sites.
The Titan Properties may contain links to other websites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. Titan provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites is at your own risk.
You hereby release Titan and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Titan Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Titan Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Third Party Sites.
- Limitation of Liability
- Disclaimer of Certain Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TITAN BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH TITAN PROPERTIES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH TITAN PROPERTIES, WHETHER OR NOT TITAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE TITAN PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TITAN PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO TITAN PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
- Cap on Liability.
UNDER NO CIRCUMSTANCES WILL TITAN PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO Company by you during the one-month period prior to the act, omission or occurrence giving rise to such liability. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- User Content.
- Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
- Disclaimer of Certain Damages.
- Termination of Services.
This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason by emailing firstname.lastname@example.org. Titan may terminate your Account if (a) you are in breach of the Agreement; (b) if Titan decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Titan will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
- Effect of Termination.
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- Termination of Services.
- International Users. Titan Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Titan intends to announce such Services or Content in your country. Titan Properties are controlled and offered by Titan from its facilities in the United States of America. Titan makes no representations that Titan Properties are appropriate or available for use in other locations. Those who access or use Titan Properties from other countries do so at their own volition and are responsible for compliance with local law.
- Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Titan and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement.
You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Titan, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Titan may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH TITAN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
- Arbitration Rules and Forum.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Titan, Inc., 5680 Gulf Breeze Parkway, Gulf Breeze, FL 32563, Attention: Registered Agent. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. In addition, Titan will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Titan will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator.
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Titan. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial.
YOU AND TITAN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Titan are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 18.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Sections 19.5 and 19.6.
- 30-Day Right to Opt Out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Titan, Inc., 2216 Main Street, Suite 204, Santa Monica, CA 90405, Attn: Customer Service, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Titan username (if any), the email address you submitted when you first accessed the Services, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship with Titan.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Titan makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Titan.
- Applicability of Arbitration Agreement.
- General Provisions
- Electronic Communications.
The communications between you and Titan use electronic means, whether you visit Titan Properties or send Titan e-mails, or whether Titan posts notices on Titan Properties or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Titan in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Titan provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Titan’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure.
Titan shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to Company Properties, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Exclusive Venue.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Titan agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Florida.
- Governing Law.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
- Choice of Language.
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
Where Titan requires that you provide an email address, you are responsible for providing Titan with your most current email address. In the event that the last e-mail address you provided to Titan is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Titan’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Titan at the following address: Titan Sunrooms, Inc., 5680 Gulf Breeze Parkway, Gulf Breeze, FL 32563. Such notice shall be deemed given when received by Titan by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Export Control.
You may not use, export, import, or transfer Titan Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Titan Properties, and any other applicable laws. In particular, but without limitation, Titan Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Titan Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Titan Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Titan are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Titan products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Electronic Communications.