You may not use the Web Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Web Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Titan Worldwide or any other third party or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Titan Worldwide will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (z) Titan Worldwide obtain Your permission to use Your name; or (y) Titan Worldwide first notify You that the materials or other information You submit to a particular part of this Web Site will be published or otherwise used with Your name on it; or (x) Titan Worldwide are required to do so by law.
When you upload and/or download information to or from the Web Site, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Titan Worldwide cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access to Your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.
It is Your responsibility to ensure that no unauthorized person shall have access to Your user id and password. It is Your sole responsibility to control access to and use of Your user account, and promptly inform Titan Worldwide of any need to deactivate or change Your user id and/or password. Titan Worldwide cannot and will not assume any responsibility or liability for any content submitted to Your account or any content that is used or misused whether submitted, used, or misused by You, Your designees, and/or other third parties. All Your acts and omissions and those of unauthorized users who access the Web Site via Your user id and password shall be deemed to be Your acts and omissions.
You hereby grant Titan Worldwide, its employees, officers, directors and all other persons or entities involved in the operation of Titan Worldwide, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the content in your account for the purpose of providing services, operating the Web Site, or in order to carry out the legal responsibilities of Titan Worldwide. You understand, agree, consent and authorize Your content to be stored, entered, and maintained on the Web Site in accordance with these Terms and Conditions and Titan Worldwide’s relevant policies and procedures.
Regarding Your user id and password, You expressly agree (i) to maintain the security of Your users id, password, and other confidential information relating to Your account and/or the accounts which you have been granted access; (ii) to notify Titan Worldwide as soon as reasonably practicable of any real or suspected unauthorized use of the users account; (iii) to notify Titan Worldwide when You no longer require the use of Your user id and password; and (iv) to comply with instructions provided by Titan Worldwide for using, maintaining, or correcting Your account.
Information Titan Worldwide publishes on the World Wide Web may contain references or cross references to products, programs, and services that are not announced or available in Your country. Such references do not imply that Titan Worldwide intends to announce such products, programs, or services in Your country. Consult Your local Titan Worldwide business contact for information regarding the products, programs, and services that may be available to You.
Titan Worldwide makes no representations whatsoever about any other web sites which You may access through this Web Site. When You access a non-Titan Worldwide web site through this Web Site, please understand that it is independent from Titan Worldwide, and that Titan Worldwide has no control over the content on that web site. In addition, a link to a non-Titan Worldwide Web site does not mean that Titan Worldwide endorses or accepts any responsibility for the content, or the use, of such web site. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Nothing on this Web Site constitutes an offer to sell or solicitation to buy securities. No failure or delay by Titan Worldwide in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Titan Worldwide preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms and Conditions.
TITAN WORLDWIDE DOES NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Titan Worldwide DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.
TITAN WORLDWIDE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE Titan Worldwide SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF TITAN WORLDWIDE IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State. Any action You, any third-party, or Titan Worldwide may bring to enforce these Terms and Conditions or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in Dallas County, Texas, and You expressly consent to the jurisdiction of said courts. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that You and Titan Worldwide have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services) by Titan Worldwide to You, or by You to Titan Worldwide, and such written agreement expressly contemplates the use of this Web Site, these Terms and Conditions are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Titan Worldwide.