TERMS OF USE

Last Updated: July 12, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF OUR PRODUCTS AND SERVICES. YOUR USE OF THIS SITE OR OUR PRODUCTS AND SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR OUR PRODUCTS AND SERVICES.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE OR OUR PRODUCTS AND SERVICES.

Titan Holdings is a holding company for Titan Home Improvement, LLC, Renuity LLC, Bylte LLC and their subsidiary and affiliated companies. These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Titan Holdings and its subsidiaries and affiliates (collectively, “Titan Holdings“, “we”, “us”, or “our”), concerning your access to and use of the Titan Holdings websites as well as any other website, or media channel, related, linked, or otherwise connected thereto (collectively, the “Site”). The Materials (defined below) on the Site are provided by Titan Holdings as a service to you and its customers and may be used for informational purposes only. By checking a box to consent, viewing this Site, or downloading any Materials from this Site, you agree to these Terms. If you do not agree to the Terms, do not view this Site, download any Materials, or place an order on this Site.

License. You may browse this Site for personal entertainment and information. You may not distribute, modify, transmit or revise the contents of this Site without the written permission of Titan Holdings.Subject to these Terms for this Site, Titan Holdings hereby grants you (and you accept) a non-exclusive, non-transferable license to access and use this Site solely for the purposes intended by Titan Holdings. Under the Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; or (d) transfer the Materials to another person. All rights not expressly granted to you are hereby reserved by Titan Holdings or any respective third-party owner of such rights. Titan Holdings shall have the right to assert and enforce the provisions of this section directly on its own behalf.Titan Holdings may terminate this license at any time if you are in breach of these Terms. Upon termination, you agree to immediately destroy any copies of the Materials in your possession.
Protected Information. The Materials on this Site are copyrighted and protected by trademark and other intellectual property laws. Any unauthorized use may violate copyright, trademark, and other laws. No title nor intellectual property rights are transferred to you or any third-party through the use of or access to this Site. All rights, title, and interest in and to all aspects of this Site remain the sole property of Titan Holdings or its authorized third-party suppliers and service providers. You may download one copy of the text, graphics, sounds, files, software or other information found on this Site (the “Materials”) on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Titan Holdings in writing or as allowed by any license terms that accompany or are provided with the individual Materials. Titan Holdings may terminate this license at any time if you are in breach of these Terms. Upon termination, you agree to immediately destroy any copies of the Materials in your possession.


Use of Marks. Titan Holdings only purports to use names, logos, or marks appearing in this Site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. Titan Holdings does not purport to use any name, logo, or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo, or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited. Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Site (the “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Titan Holdings or used under principles of “fair use.” The Contents of this Site as a whole are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on this Site for such uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. By allowing you to download these materials, we expressly do not transfer to you any right, title, or interest in these materials. Titan Holdings may terminate this license at any time if you are in breach of these Terms. Upon termination, you agree to immediately destroy any copies of the Materials in your possession.


User Submissions.
Except as otherwise expressly specified in our Privacy Notice, on our website pages, or in these Terms, any information, communications or materials that you post or transmit to this Site (“Communications”) are, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of Titan Holdings. By transmitting or posting any Communications on this Site, you grant to Titan Holdings or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish, and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. Titan Holdings and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.


You may not post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.


Titan Holdings respects the intellectual property rights of others. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by any content posted on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


Identification of the copyrighted work claimed to have been infringed;


Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;


Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;


A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and


A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Access to this Site of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be legal@titanholdings.com you may also write to us at the address provided below with Attention to: DMCA Agent. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.

 

User Representations; Indemnification.
You represent and warrant that: (a) the information you provide to Titan Holdings on any forms on this Site is true and accurate; (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of this Site; (c) you will not use this Site in connection with making Communications or otherwise, to infringe, misappropriate or violate the rights of Titan Holdings or third parties; (d) you will only make Communications of information to which you have sufficient rights to grant the license set forth in Section 4, above; (e) you will not knowingly include in Communications or otherwise introduce to this Site, any viruses or other items of a destructive nature; and (f) you will comply at all times with these Terms for this Site as they may be amended from time to time by Titan Holdings.


By accessing and/or using this Site under these Terms, you further agree to all the policies under our Privacy Notice, including but not limited to policies regarding disclosure of personally identifiable information. The Privacy Notice may be found at https://renuityhome.com/privacy-policy/


If you are granted access to any protected areas of this Site by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You agree to notify Titan Holdings immediately of any unauthorized use of your password(s).
You agree that with respect to any special promotions, coupon offers, sweepstakes, or other similar activities offered on this Site, that you will abide by the rules established by Titan Holdings for such activities as described on this Site. For coupon offers, you agree to only print the authorized number of coupons as specified by the particular promotion on this Site.
Use of Personally Identifiable Information. When you visit this Site, no personally identifiable information about you is collected unless you specifically provide it to us. All use of personally identifiable information submitted by you to Titan Holdings via any forms on this Site are governed by the terms of Titan Holdings’ Privacy Notice. Your visit to this Site is tracked through a standard web traffic statistics program, which keeps records of traffic on this Site, as well as numerical counts of visitors by domain, URL, search engine, keywords used, and other standard web measurements.


Corrections. There may be information on the Site that inadvertently contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


No Warranty; Disclaimer; Limitation of Liability. THE MATERIALS AND THIS SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, ANY WARRANTY THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND THAT ADEQUATE SUPPORT FOR THIS SITE WILL BE PROVIDED. Titan Holdings and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Titan Holdings may make changes to the Materials and this Site at any time without notice. Titan Holdings makes no commitment to update the Materials or this Site. Neither Titan Holdings nor its third-party suppliers or service providers warrant that this Site or associated server computers are free of viruses or other harmful components. You solely (and not Titan Holdings) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using this Site. You are solely responsible for providing, maintaining, and troubleshooting any internet connection required to use this Site. Further, you agree that Titan Holdings is not responsible in any way for your inability to use this Site due to problems attributable to such connection.YOU SPECIFICALLY AGREE THAT TITAN HOLDINGS SHALL NOT BE RESPONSIBLE FOR THE CONTENT UPLOADED TO THIS SITE BY YOU, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SERVICES, ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT TITAN HOLDINGS IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD-PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.IN NO EVENT SHALL TITAN HOLDINGS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF TITAN HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TITAN HOLDINGS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TITAN HOLDINGS DURING THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE GIVING RISE TO ANY CLAIM. CERTAIN STATE OR NATIONAL 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 DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


Indemnification. You agree to defend, indemnify, and hold Titan Holdings harmless, including its subsidiaries, affiliates, and all of its respective officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of: (1) your Communications or Content uploaded to this Site by you; (2) your use of the Site; (3) your breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing unless prohibited by applicable law, Titan Holdings reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Titan Holdings, and you agree to cooperate, at your expense, with Titan Holdings’ defense of such claims. Titan Holdings will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


Links To / From Other Sites.
Third-party sites may be linked to or from this Site. Such linked sites are not under the control of Titan Holdings, and Titan Holdings is not responsible for the content of any linked site or any link contained in a linked site. These links may be provided merely for the convenience of our users. Titan Holdings reserves the right to terminate any link or linking program at any time. Titan Holdings does not endorse, sanction or verify companies or products to which it links, unless it expressly states otherwise. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. Concerns regarding a third-party site should be directed to the third-party site.


You may provide links to this Site from other sites provided that (a) you link only to this Site’s home pages, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on this Site, (c) you give Titan Holdings notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to this Site if requested by Titan Holdings.
Electronic Communications, Transactions, and Signatures. Visiting this Site, sending emails to Titan Holdings, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Titan Holdings provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY TITAN HOLDINGS OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


Arbitration Provision. We hope that you are completely satisfied with the purchase of your product or service. We will make every commercially reasonable effort to resolve any disagreements that you have with us. However, if we are unable to resolve any dispute that arises in connection with your transaction, this Site, or these Terms to your satisfaction, these Terms govern the dispute resolution process. Any claim, dispute, or controversy you may have against us arising out of, relating to, or connected with this Site or your transaction shall be resolved exclusively by binding arbitration by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable) and as amended by these Terms (“Arbitration Rules and Procedures”).The AAA’s Rules, and a form for initiating arbitration proceedings, are available at the AAA’s website located at http://www.adr.org.This section applies to all consumers to the fullest extent allowable by law. The disputes governed by this Section include without limitation (1) claims arising out of or relating to any aspect of the relationship between you and us; (2) claims that arose out of your use of the Site; and (3) claims currently the subject of a purported class action litigation in which you are not a member of a certified class.However, the dispute resolution procedure specifically does not apply to (1) a claim relating to the enforcement or validity of your or our intellectual property rights; or (2) a claim relating to an allegation of theft, piracy, or unauthorized use.


You agree that: (1) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized by law; (2) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.


You and Titan Holdings agree that (1) each party can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis; (2) arbitration can decide only your and/or Titan Holdings’ individual claims, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s); and (3) the arbitrator may not consolidate or join claims of other persons or parties who may be similarly situated and may not otherwise preside of any form of a consolidated, representative, or class proceeding.


Except as specified in the paragraph immediately above, if any part of this Arbitration Provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Arbitration Rules and Procedures established by the AAA, then remaining provisions of the Arbitration Provision will not be affected and will be enforced to the fullest extent of the law.


General.
Site Operated From U.S.A. Titan Holdings maintains offices within the United States of America from which it may administer this Site. Titan Holdings makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.


Amendment of Terms. Titan Holdings may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Any revisions will be found in this document. Continued use of this Site following any change constitutes acceptance of any and all posted changes.


Suspension or Discontinuance. Titan Holdings may suspend or discontinue providing the Materials to you with or without cause and without notice. Titan Holdings may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
d. Contact Us. For questions or comments regarding the Site, please contact us via email at news@titanholdings.com or mail at:
Titan Holdings
1 Alhambra Plaza, Suite 600
Coral Gables, FL 33134, USA

Governing Law; Jurisdiction; Costs. These Terms are governed by the laws of the State of Florida, without regard to its conflict or choice of law provisions. You acknowledge and agree that Florida is an appropriate place for venue of any litigation and that Florida courts have jurisdiction over this agreement and you. In the event the you and Titan Holdings are unable to resolve any dispute in accordance with these Terms’ arbitration provision, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys’ fees incurred.


Assignment. You may not assign your rights or delegate your duties under these Terms.


Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.


No Waiver. The failure of Titan Holdings to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.


Severability. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for this Site will in any event remain valid and enforceable.

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OFFER TERMS AND CONDITIONS:

General Disclaimer: Ask for details. Limit one per household. Cannot be combined with other offers. New orders only for appointments scheduled on or before expiration date shown on offer. Not valid with any other offer or previous purchase. Limit one per household. Purchase and installation of product required for discount. Minimum purchase may be required, ask for details. Discount will be reflected on contract at time of sale. Discount not issued if customer cancels order, if credit application is withdrawn or declined, or if work is not completed. If offer discount is on installation, then discount only applies to labor and does not apply to material costs. Price, payments and discounts may vary based on products, spend and time of purchase. Offers are subject to change without notice until time of purchase.

Financing Offers: Financing available with approved credit application. Renuity and all Divisions of Renuity are neither a broker nor a lender. All financing is provided by third-party lenders unaffiliated with Renuity or any of its affiliated operating companies, under terms and conditions arranged directly between the customer and such lender, all subject to credit requirements and satisfactory completion of finance documents as required by the lender. Any finance terms advertised are estimates only. Ask for details for APR % information or ticket price used to calculate monthly payment. Financing availability is subject to change without notice.

Gift Cards: Limit one per household. Must be a homeowner of the property where the consultation appointment is conducted. Homeowner must, during the offer period, complete product demonstration or purchase to receive gift card, depending on offer. Electronic gift card (e-gift card) voucher will be provided after the demonstration or purchase. Homeowner must print and mail the voucher per the instructions on the voucher to receive the gift card. Salespersons do not carry gift cards for security reasons. E-gift cards valid on in-home visits only, not applicable to Virtual Sales Appointments. Offer not sponsored or promoted by Walmart/Amazon/Visa or any other 3rd-party and is subject to change without notice. Allow 3-4 weeks after mailing in redemption certificate to receive gift card or e-gift card.

License Numbers: FL CGC061890; CCC1331144 | NJ 13VH04301900 | DE 8008206060 | PA 013302 | LA 54794 | FL CGC1511149 |OR 213202 | WA PACIFBC810JJ | NV 0086030 | AZ 334398 | ID RCE59346 | NC 86154 | SC 54219 | MHIC 138722 | TX,OK,AR: RMP 17951; RMP 42680 | MHIC 129485 | VA 2705162005 | DC 4203321000191