Special Notice: You agree not to use any TitanHouse Content and/or any Titan data for the purpose of advertising or commercial solicitation either via the Website or independently of the Website, and TitanHouse may terminate your right to use the Website due to your breach or threatened breach of the foregoing.
TitanHouse, Inc. (“TitanHouse”, “we” or “our”), connects top technology companies with client-facing professionals, including sales managers, account executives, inside sales, account management, client success, BDR and SDR.
TitanHouse may modify this User Agreement at any time without prior notice, so you are encouraged to review this User Agreement on a regular basis. If you object to any term or condition of this User Agreement after any change, you agree that your sole remedy will be to discontinue using the Website. You agree that your continued use of the Website after any change to this User Agreement will be deemed your consent to the updated User Agreement. This User Agreement supersedes all previous TitanHouse User Agreements.
2. Subscription and Ownership
For so long as your subscription is paid or other otherwise authorized by TitanHouse, you are hereby granted a personal, limited, non-transferable, non-exclusive, subscription right to access the Website in accordance with this User Agreement. All content on the Website, including but not limited to website designs, text, graphics, pictures, video, information, applications, software, music, sound, data and other files, and their selection and arrangement (“TitanHouse Content”), are the property of TitanHouse and/or its licensors. No TitanHouse Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part. Your use of the Website does not give you any ownership right in the Website or any TitanHouse Content. All rights not expressly granted to you under this User Agreement are reserved by TitanHouse.
3. Fees Payment
You shall pay all periodic subscription fees when they are due, all fees for additional services when they are due, all taxes that are required by law, and all foreign exchange fees. Failure to pay any fee or tax shall result in the termination of your subscription. You agree that TitanHouse and/or its service providers may store your payment information, and may automatically bill your payment method pursuant to the terms of your subscription. TitanHouse may increase its subscription fees upon thirty (30) days’ notice. You may not receive a refund of any fee or tax under any circumstances.
4. Your Code of Conduct
As a condition of your use of the Website, you agree to all of the following:
a. You shall be the sole, authorized user of your Website account. You are responsible for maintaining the confidentiality of any user name and/or password used by you for accessing the Website, and for all activities that occur under your password or account.
b. You shall not register for more than one account, register for a user account on behalf of an individual other than yourself, impersonate another, misrepresent your identity, or register for a user account on behalf of any company or other entity, unless you are expressly authorized to do so.
c. You shall immediately notify TitanHouse of any unauthorized use of your password or account, or of any other actual or suspected breach of security.
d. You shall provide accurate, timely and complete information in connection with your use of the Website. TitanHouse and its affiliates, subsidiaries, officers, directors, agents, employees, licensors, creators, suppliers, contractors, owners and investors (“TitanHouse Entities”) shall not be responsible for any claim relating to any inaccurate, untimely or incomplete information provided by you. You are solely responsible for information entered by you.
e. With regard to any and all content you provide (“User Content”), you hereby grant to TitanHouse a non-exclusive, worldwide, transferable, sublicenseable license to use, modify, copy, publish, and distribute User Content, and to post User Content to the Website. With regard to corporate subscribers, you hereby grant to TitanHouse the right to publicize on the Website and in any medium TitanHouse’s partnership with you, and to display your service marks, trademarks, logos and other indicia of trade origin.
f. TitanHouse shall have sole discretion to refuse to post, or to delete, any User Content you provide for any reason or for no reason.
g. TitanHouse shall be permitted to delete any User Content that is not posted to the Website, but which is otherwise stored by you on any TitanHouse server.
h. TitanHouse is hereby permitted to publish advertisements on the Website in association with and/or near User Content.
i. You shall not obtain or attempt to obtain access to or search any data or information through “hacking”, “scraping”, use of a “bot” or other means not made available for your permitted use through the Website.
j. You shall not download, upload or republish TitanHouse Content on any third-party website, or incorporate the information in any other database or compilation.
k. You shall not post content containing any advertisement or commercial solicitation.
l. You shall not use any TitanHouse Content and/or any Titan data for the purpose of advertising or commercial solicitation either via the Website or independently of the Website.
m. You shall not access, tamper with or use any non-public area of the Website.
n. You shall not attempt to break or circumvent any Website security measure, or otherwise test the vulnerability of the Website.
o. You shall not attempt to damage, disable or overburden the Website.
p. You shall not access the Website using a username/password that you are not authorized to use.
q. You shall not submit material or information that:
• Is false, defamatory, threatening, bullying, harassing, hateful or violent;
• Is racially objectionable, ethnically objectionable or otherwise unlawful or objectionable;
• Consists of, abets or encourages criminal conduct;
• Is obscene, pornographic or sexually explicit, or exploits or presents a minor in a sexual way;
• Is in violation of anyone’s intellectual property rights, privacy rights or other rights;
• Is misleading, fraudulent or deceptive; or
• Is illegal or unlawful.
r. You shall not transmit material through the Website that you know or should know contains any virus, Trojan horse, worm, time bomb, cancelbot, malware, ransomware or other computer code that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate the Website or any system, data, personal information or third-party website.
s. You shall not:
• Modify, enhance, or create any derivative work of the Website;
• Attempt to or actually transfer or assign any right you may have under this User Agreement, which shall be null and void;
• Decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to reconstruct the source code for the Website and/or reduce the Website to human readable form; or
• Make any copy of the Website.
t. You represent that you are the greater of: (i) eighteen (18) years of age; or (ii) the minimum age required for lawful usage of the Website in your jurisdiction.
5. TitanHouse’s Code of Conduct
TitanHouse shall cause its employees and contractors to:
a. Comply with all applicable laws, rules and regulations, including those related to insider trading, financial reporting, money laundering, fraud, bribery and corruption;
b. Refrain from any improper activity that provides solely a personal benefit or usurps a client’s opportunity; and
c. Maintain the confidentiality of, and use solely for the business purpose for which it was conveyed, non-public information concerning a client that is transmitted or otherwise communicated through the Website by the client or a third-party, unless disclosure or alternative use is authorized by the client or is legally mandated.
You agree to defend, indemnify, and hold the TitanHouse Entities harmless from and against any third-party claim, action, demand, liability and/or settlement, including, without limitation, reasonable legal and accounting fees (“Claim”), resulting from, or alleged to result from, your violation of any term or condition of this User Agreement.
TitanHouse shall defend, indemnify, and hold you harmless from and against any Claim resulting from, or alleged to result from, TitanHouse’s violation of any term or condition of this User Agreement.
7. Disclaimer of Warranties; Limitation of Liability
The Website is offered to you as a convenience. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IN ANY MANNER IS AT YOUR SOLE RISK. THE TITANHOUSE ENTITIES DO NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THE TITANHOUSE ENTITIES MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED BY OR THROUGH THE WEBSITE. THE TITANHOUSE ENTITIES SHALL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD-PARTY SERVICE USED OR PROVIDED IN CONJUNCTION WITH THE WEBSITE, SUCH AS ANY SERVICE PROVIDER, CONTENT PROVIDER OR ADVERTISER.
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, CUSTOMER’S PURPOSE, SYSTEM INTEGRATION, TITLE, NONINFRINGEMENT, SECURITY OR NONINTERFERENCE; OR ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, TRADE PRACTICE OR COURSE OF PERFORMANCE. THE TITANHOUSE ENTITIES DO NOT WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON OR PROVIDED BY THE WEBSITE. THE TITANHOUSE ENTITIES DO NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER HARMFUL COMPONENTS.
YOU HEREBY AUTHORIZE THE TITANHOUSE ENTITIES TO TRANSMIT ANY PERSONAL DATA YOU HAVE ENTERED INTO THE WEBSITE BETWEEN AND AMONGST WEBSITE USERS. THE TITANHOUSE ENTITIES CANNOT AND DO NOT GUARANTEE THAT PERSONAL DATA RESIDING ON A WEBSITE COMPUTER SERVER WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD ANY TITANHOUSE ENTITY LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF ANY PERSONAL DATA OR OTHER INFORMATION.
THE TITANHOUSE ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE, AND THE TITANHOUSE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, NON-ECONOMIC OR CONSEQUENTIAL DAMAGES, LOSS OF ANY REVENUE OR PROFIT, LOSS OF OPPORTUNITY OR REPUTATION, AND/OR LOSS OF DATA OR INFORMATION, RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF ANY TITANHOUSE ENTITY IS AWARE OR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS AND/OR DAMAGE. IN CONSIDERATION FOR USING THE WEBSITE, YOU AGREE TO WAIVE, RELEASE AND DISCHARGE ALL TITANHOUSE ENTITIES FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH, DISABILITY, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE ACTIONS OR INACTIONS OF ANY TITANHOUSE ENTITY. YOU AGREE THAT THE TITANHOUSE ENTITIES’ TOTAL CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO THE LESSER OF: (A) THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR USE OF THE WEBSITE, IF ANY; OR (B) US$1,000.00.
THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TITANHOUSE, AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW), EVEN IF ANY REMEDIES CONTAINED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of damages, in which case some of the above limitations may not apply to you.
8. Term Expiration, Suspension and Termination
The term of your subscription and all of your Website usage rights shall expire immediately upon: your failure to pay any periodic subscription fee when it is due; or your termination as an employee of any entity on whose behalf you were previously authorized to use the Website. At its sole discretion, TitanHouse may immediately suspend or terminate your right to use the Website due to your breach or threatened breach of any of the terms and conditions in this User Agreement, or for no reason.
a. The headings in this User Agreement are for convenience and reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this User Agreement.
b. If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect.
c. No waiver of any of the terms and conditions in this User Agreement shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition.
d. The trademarks contained within the Website: (i) are registered trademarks, service marks or trade dress of their respective owners in the United States and/or other countries; (ii) may not be used in connection with any product or service in any manner that is likely to cause confusion; and (iii) may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner(s).
e. The Website and all associated documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, TitanHouse and all associated documentation are being provided to U.S. Government end users: (i) only as a Commercial Item; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions of these Terms. Manufacturer is TitanHouse, Inc., 7250 Woodmont Avenue, Suite 325, Bethesda, Maryland 20814, USA.
f. The parties hereto confirm that it is their wish that this User Agreement, as well as other documents relating hereto, including all notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise.
g. This User Agreement shall be construed, regulated and administered under the laws of the State of Maryland without regard to its conflicts of law principles. The parties hereby consent to resolve all disputes via arbitration in the State of Maryland.