THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE SERVICES, DEFINED BELOW IN II ¶ 1, AND YOUR RELATIONSHIP WITH TITAN DIY KITS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND AFFILIATES (“WE,” “OUR,” “US,” OR “TITAN DIY KITS”).
THE FOLLOWING TERMS ARE SUBJECT TO ARBITRATION. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site or the Services.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in your local small claims court.
II. ABOUT THE SERVICES
Services. These Terms describe the terms and conditions on which you may access and use Titan DIY Kits website located at titandiykits.com (the “Site”), the Titan DIY Kits mobile site (the “Mobile Site”) and related services (together with the Site, the Mobile Site, and Titan DIY Kits Content, as defined below, the “Services”). These Terms also apply to in-store sales, whether at Titan DIY Kits’ showroom/storefront or other Titan DIY Kits controlled venue, if any, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
Changes in Contract Terms. We reserve the right to change the Terms on which we offer the Services, including adding new terms or deleting existing ones.
Mobile Use. To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
SMS. Limitations to Use of the Services. Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any products (“Products”) without parental consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.
III. USE OF Titan DIY Kits SERVICES & PRODUCTS
Licenses. Subject to the Terms, Titan DIY Kits hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services & Products for your personal use. In case of breach of the Terms, Titan DIY Kits reserves its right to revoke the licenses granted in this paragraph without notice to you, in addition to any other available remedy.”
Replication/Distribution. Except as permitted in writing, you may not (and may not attempt to or permit any third party to) reproduce, distribute, display, rent, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, derive the source code for, interfere with or otherwise exploit the Services or any portion or component thereof or access thereto unless expressly permitted by Titan DIY Kits in writing. You may not make any commercial use of any of the information provided through our Services or make any use of our Services for the benefit of another business unless explicitly permitted by Titan DIY Kits in advance and in writing.
Use of Content. All content and information available, including but not limited to product descriptions and specifications, product photos, and photos and comments from other users (“Titan DIY Kits Content”) is available to you on an “as is” basis and is to be used for general information purposes only. We may update Titan DIY Kits Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please contact us. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.
3rd Party Content. The Services may contain links or references to non-Titan DIY Kits websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Titan DIY Kits is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Titan DIY Kits, and Titan DIY Kits has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Titan DIY Kits endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa
Acceptable Use. No part of the Services, including the Titan DIY Kits Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Titan DIY Kits authorizes you to view, copy, download, and print Titan DIY Kits Content (such as press releases and FAQs) that is available on the Services, provided that: (a) you use Titan DIY Kits Content solely for your personal, noncommercial, informational purposes; (b) you do not modify Titan DIY Kits Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on Titan DIY Kits Content. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Titan DIY Kits considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; (vii) impersonate any other person, including but not limited to, a Titan DIY Kits representative; (viii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’’s consent in case of a child); (ix) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (x) violate any applicable local, state, national or international laws or regulations.
Use of Your Content. If you voluntarily post, upload or make available to Titan DIY Kits or the Services, or otherwise voluntarily submit to or through Titan DIY Kits as part of your use of the Services, reviews or photos relating to your use of the Products (“Your Content”), you hereby grant to Titan DIY Kits a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Titan DIY Kits to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Email Registration. Access to parts of the Services may require the creation of a user account, including a password that you choose upon registration. You should ensure to choose a strong password and to modify it regularly. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. Each time that your password or identification is used, you will be deemed to be authorized to access and use the Services in a manner consistent with the Terms, and Titan DIY Kits has no obligation to investigate the authorization or source of any such access or use of the Services. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Titan DIY Kits promptly of any unauthorized use of your account or password or any other breach or threatened breach of the Services’ security.
Access Restriction. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Titan DIY Kits may also terminate your account if Titan DIY Kits determines that your conduct poses a risk or liability to Titan DIY Kits, or for any other reason as determined by Titan DIY Kits in its sole discretion.
Indemnification. By using the Services, you agree to indemnify, hold harmless and defend Titan DIY Kits and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Careers. Titan DIY Kits may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment.
Electronic Communications. When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Mobile Site, and you can retain copies of these communications for your records. As a registered user of Titan DIY Kits, you agree to receive emails promoting any special offer(s), including third party offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may adjust your email preferences (or unsubscribe from email communications) by clicking the “unsubscribe” link at the bottom of any newsletter we’ve sent.
IV. SALE OF PRODUCTS
General Conditions. The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
Collections. If you do not pay the amounts you owe to Titan DIY Kits when due, then Titan DIY Kits will need to institute collection procedures. You agree to pay Titan DIY Kits’ costs of collection, including, without limitation, reasonable attorneys’ fees.
Limited Warranty. We will deliver the Products you ordered, except in the rare event that the Product is unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are unable to reach you, your order will be cancelled. Titan DIY Kits has made every effort to display as accurately as possible the colors of the products that appear on the Services. However, Titan DIY Kits cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate.
Gift Codes/Cards. Non-refundable. Valid for 1 year from purchase date.
All Sales As Is. The services and products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
Purchase Price. All prices on the Titan DIY Kits Services are listed in U.S. Dollars and are subject to change. Titan DIY Kits is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. Titan DIY Kits reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you authorize Titan DIY Kits to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on Titan DIY Kits are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.
Cancellations. You may cancel your order in the 1 hour following your purchase by emailing firstname.lastname@example.org. Titan DIY Kits strives to ship orders swiftly and efficiently; once placed, orders are immediately transferred to our shipping department. Accordingly, we may be unable to cancel orders more than 1 hour after an order is placed. Items may be returned or exchanged in accordance with Titan DIY Kits’ Return Policy. Please contact us at email@example.com for more information. If more than 1 hour have lapsed and you wish to cancel your order, please contact us right away, and we will come up with the best plan of action together. Cancellations will be refunded minus the credit card fees associated with the purchase.
Shipping Costs. Titan DIY Kits offers free shipping on all orders over $99 to addresses within the continental U.S. – Returns may be subject to return shipping costs, a 10% restocking fee & applicable credit card fees. For orders less than $99, shipping will be calculated accordingly.
Shipping Methods. All deliveries will be made through Titan DIY Kits’ shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Titan DIY Kits.
Lost Package. The risk of loss and title for items purchased by you pass to you upon Titan DIY Kits’ delivery of the items to the carrier pursuant to the Titan DIY Kits’ Shipping, Return and Exchange Policies. If your package has not arrived by the designated time, please contact our Service department for help tracking your package and if necessary, placing a replacement order. Contact firstname.lastname@example.org.
Damaged Upon Arrival. Inspect before sign off. When your package arrives, please inspect the package with the carrier present. (They may not want to wait for you, but you are entitled to this right.) During your inspection, if you notice that there is damage due to shipping, please DO NOT ACCEPT THE PACKAGE. If you DO accept the package and you notice upon opening it that there was concealed damage, you must notify us immediately – we have a limited period of time to notify the carrier of concealed damage.
Exchanges & Returns. Exchanges and returns both need to be in new condition to be refunded. We will accept exchanges within thirty (30) days of delivery. Please visit Titan DIY Kits’ Shipping, Return and Exchange Policies for additional information about our return policy. Returns for a Refund. We will accept returns within (30) days of delivery for a refund. Return shipping fees, applicable credit card fees & 10% restocking fee apply.
VII. INTELLECTUAL PROPERTY
Ownership of Services. The Site and Mobile Site are owned and operated by Titan DIY Kits. All right, title and interest in and to the materials provided on the Services, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Titan DIY Kits or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Titan DIY Kits, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Titan DIY Kits’ intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Service team if you have any questions about obtaining such licenses. Titan DIY Kits does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Titan DIY Kits. Any rights not expressly granted herein are reserved by Titan DIY Kits.
Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2020 to current date, Titan DIY Kits, Inc. ALL RIGHTS RESERVED.
License for Site. Subject to your compliance with these Terms, Titan DIY Kits grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
Feedback. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted.
Notice and Copyright. Titan DIY Kits takes protection of Copyright very seriously. If you believe any Titan DIY Kits Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Titan DIY Kits and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Titan DIY Kits may also terminate your account if Titan DIY Kits determines that your conduct poses a risk or liability to Titan DIY Kits, or for any other reason as determined by Titan DIY Kits in its sole discretion.
In the event your access to the Services is terminated, your Limited License, as described above, shall be revoked; however, the remainder of the terms, including the arbitration agreement and class action waiver, shall continue to apply.
IX. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
Limited Warranties. No other warranties are granted by Titan DIY Kits in connection with the Services or Products.. Your sole and exclusive remedy and Titan DIY Kits’ sole and exclusive liability for a breach by Titan DIY Kits of its obligations with regard to the Services or Products shall be, at Titan DIY Kits’ option.
Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, Titan DIY Kits DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE Titan DIY Kits CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability — UNDER NO CIRCUMSTANCES SHALL Titan DIY Kits BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF Titan DIY Kits HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
X. DISPUTE RESOLUTION/ARBITRATION/CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that in the event of any dispute between you and us, all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. It affects your rights.
Informal process first. Both you and Titan DIY Kits agree that in the event of any dispute between you and us, you and Titan DIY Kits will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Service department at 1.303.975.6492 or emailing email@example.com.
Mandatory arbitration of disputes. In the unlikely event that Titan DIY Kits’ Service department is unable to resolve your complaint to your satisfaction (or if Titan DIY Kits has not been able to resolve a dispute it has with you after attempting to do so informally), all disputes between you and Titan DIY Kits will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Titan DIY Kits or you, shall be resolved by mandatory and binding arbitration which shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Jurisdictional Issues. Contact Titan DIY Kits at firstname.lastname@example.org to determine which products and services may be available to you.
Export Laws. The laws of the United States of America prohibit the export of certain software and data and products to particular persons, territories, and foreign states. You agree not to export the Services, including the Titan DIY Kits Content, or any part thereof, in any way, in violation of United States law.
Governing Law & Venue. These Terms are governed and interpreted pursuant to the laws of the State of Colorado, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, except for claims that are to be handled by a small claims court, shall be resolved exclusively by a state or federal court located in Colorado, and you specifically consent to the personal jurisdiction of such courts and waive any objection to the convenience of this forum.
Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Titan DIY Kits shall have the right to refuse or cancel any orders placed for a product listed at the incorrect price. Titan DIY Kits shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Titan DIY Kits shall immediately issue a credit to your credit or debit card account in the amount of the charge.
Entire Agreement. These Terms are the entire agreement between you and Titan DIY Kits relating to the subject matter herein and shall not be modified except by Titan DIY Kits in accordance with these Terms, or as otherwise agreed in writing by you and Titan DIY Kits. No employee, agent or other representative of Titan DIY Kits has any authority to bind Titan DIY Kits with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Third Parties. This Site may contain links to websites controlled by parties other than Titan DIY Kits (each a “Third Party Site”). Titan DIY Kits may work with certain partners and affiliates whose sites are linked with Titan DIY Kits. Titan DIY Kits is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Titan DIY Kits makes no guarantees regarding the content or quality of the products or services provided by such sites. Titan DIY Kits is not responsible for webcasting or any other form of transmission received from any Third Party Site. Titan DIY Kits is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Titan DIY Kits of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Titan DIY Kits is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Severability & Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Force Majeure. Titan DIY Kits will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Titan DIY Kits’ reasonable control.
Please send any questions or comments, or report violations of these Terms, to Titan DIY Kits at email@example.com or by mail to Titan DIY Kits, 4727 Broadway Unit D, Boulder, CO 80304. This address will not respond to questions about orders.