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    TitanTool.com Privacy Policy


    This Website, www.titantool.com is owned and operated by Titan Tool, Inc. We know that your privacy is important to you, and we work hard to earn and keep your trust. We have created this Policy to let you know what Personal Information we collect when you use this Site, how we use and share the Personal Information we collect, and how we protect your privacy.

    If you have any questions about this Policy or our privacy practices, please contact us using the information provided below:

        Titan Tool, Inc.1770
        Fernbrook Lane
        Plymouth, MN 55447
        1-800-526-5362
        privacy@titantool.com

    Effective Date: 2011

    Your Consent

    Please take a few minutes to review this Policy before using this Site. By using this Site you are consenting to the collection, use, and disclosure of your Personal Information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this Site. This Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.

     

    Privacy Notices

    This Policy may be supplemented or amended from time to time by “privacy notices” posted on this Site. These privacy notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of this Site may contain privacy notices providing details about the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.


    Other Agreements

    When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through agreement.” If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the “click-through agreement." 


    Information for Users Accessing this Site from Outside the United States

    This Site is currently hosted on servers located in the United States, although we reserve the right to relocate this Site to other servers elsewhere in the world. Your Personal Information may be stored on servers located within the United States or in another country. In addition, we may transfer your Personal Information to our service providers and others located in the United States or another country for the purposes described in this Policy. Different countries have different privacy laws and requirements, and some provide less legal protection for your Personal Information than others. Please know, however, that no matter where your Personal Information is collected, used, transferred or stored, if it was collected through this Site, it will be protected by the terms of this Policy.

    BY USING THIS SITE, YOU ARE CONSENTING TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL INFORMATION IN OR TO THE UNITED STATES OR TO ANY OTHER COUNTRY IN THE WORLD SUBJECT TO THE TERMS OF THIS POLICY.


    Types of Information We Collect


    Information You Volunteer

    Titan collects the Personal Information you knowingly and voluntarily provide when you use this Site. For example, we collect the Personal Information you provide when you contact us with questions, sign up for a newsletter, or review a product. Some of the information you post to this Site may constitute User-Generated Content. All User-Generated Content must comply with our Terms of Use.

     

    Information Sent to Us by Your Web Browser

    We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings.


    More About IP Addresses

    An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace so that the information you request can be delivered to you. If you use a dial-up connection or a connection that assigns dynamic IP addresses, your computer will be assigned a new IP address each time you connect to the Internet. However, if your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer.IP addresses do not include your name, e-mail address, or other information that identifies you personally; thus, they do not constitute “Personal Information.” However, in some circumstances, they can be used to identify you. For example, if this Site gives you the opportunity to register or create an account, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third-party service providers who can use it to identify your state and zip code. This gives us valuable demographic information about the individuals who use this Site. In addition, if we suspect inappropriate or criminal activity or a threat to the security of this Site, we may share our server logs—which contain users’ IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.


    Cookies and Similar Technologies 

    We use “cookies” and other Web technologies to collect information and support certain features of this Site. For example, we may use these technologies to:
    • collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page
    • support the features and functionality of this Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits
    • personalize your experience when you use this Site
    Generally, the information we collect using these Web technologies does not identify you personally and thus is not “Personal Information.” However, if you have created a user identity, for example, by registering with this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.

    Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of this Site’s functionality if your browser rejects our cookies. 


    Third-Party Cookies

    In addition to the cookies Titan delivers to your computer through this Site, certain third parties may deliver cookies to your computer for a variety of reasons. For example, we use Google Analytics, a Web analytics tool that helps us understand how visitors engage with this Site. To learn more about Google Analytics, click here [http://www.google.com/intl/en/analytics/privacyoverview.html]. Likewise, our advertising partners may deliver cookies through this Site or via e-mail that allow them to recognize you in future Web sessions as someone who has expressed an interest in this Site or in our products or services.

    Titan does not have access to, nor control over, the cookies of third-party service providers or advertisers. However, you have choices about the collection of information by third parties on this Site. For example, if you don’t want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by tools.google.com/dlpage/gaoptout. Please note that the Add-on does not prevent information from being sent to Titan. You may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Please note, however, that your browser settings may not allow you to control deliver of cookies via e-mail.


    How We Use Personal Information Collected Through This Site

    Generally, we use the Personal Information we collect through this Site:
    • to provide the information, products and services you request
    • for security, credit, or fraud prevention purposes
    • to provide you with effective customer service
    • to provide you with a personalized experience when you use our Sites
    • to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us)
    • to contact you with information and notices related to your use of our Sites
    • to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us)
    • to better understand your needs and interests
    • to improve the Content, functionality, and usability of this Site
    • to improve our products and services
    • to improve our marketing and promotional efforts
    • for any other purpose identified in an applicable privacy notice, click-through agreement, or other agreement between you and us
    Please see below for information about the choices you have about the ways we use your Personal Information.


    Your Choices

    In General. We respect your right to make choices about the ways we collect, use, and disclose your Personal Information. Discussed above are choices you have about delivery of cookies to your computer through this Site. In addition, we generally will ask you to indicate your choices at the time we collect your Personal Information. For example, we provide you with an opportunity to “opt out” off receiving certain communications from us. In addition, we will include an “unsubscribe” link in each electronic newsletter or promotional e-mail we send you, so that you can inform us that you do not wish to receive such communications from us in the future.

    Previously Expressed Preferences. You may change previously expressed preferences regarding how we use your Personal Information. If you are a registered member of this Site, you may be able to change certain privacy preferences through your account settings. Otherwise, if at any time you wish to be taken off our mailing lists, please contact us using the information provided above . Once we have the information we need, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request. 


    How to Access, Update or Correct Your Personal Information

    If you are a registered member of this Site, you may be able to access, update, or correct your Personal Information through your account settings. Otherwise, you may need our help. If you wish to access, update, or correct your Personal Information, please contact us using the information provided above. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identify. 


    Steps We Take to Safeguard your Personal Information

    We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Site. Unfortunately, no Website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your Personal Information will not be disclosed, misused, or lost by accident or by the unauthorized acts of others.


    How We Share Your Personal Information With Others


    Third–Party Vendors

    Titan shares Personal Information collected through this Site with third-party vendors who act for or on behalf of Titan. For example, we use third-party vendors to design and operate this Site, to conduct surveys, and to help us with our promotional efforts. These third-party vendors may need information about you to perform their functions.


    User-Generated Content

    The User-Generated Content you submit on or through this Site is available to others who visit this Site. In addition, we may use User-Generated Content you submit on or through this Site in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the User-Generated Content for such purposes. Therefore, you should have no expectation of privacy with respect to User-Generated Content you submit on or through this Site. You should not submit any User-Generated Content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Use. In particular, your submissions must not violate the privacy or other rights of others.


    Business Negotiations

    We may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing one or more of our businesses. In negotiating with a third party about entering into such an arrangement, we may need to disclose your Personal Information. In such cases, we will take reasonable measures to protect the Personal Information we disclose, for example, by requiring a prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the Personal Information.

     

    Business Transfers

    Your Personal Information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your Personal Information will still be subject to this Policy and the privacy preferences you have expressed to us.


    Compliance with Laws and Protection of Our Rights and the Rights of Others

    We may disclose your Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft, to protect the security of this Site, to enforce or apply our online Terms of Use or other agreements, or to protect our own rights or property or the rights, property, or safety of our users or others.


    As Described in a Privacy Notice

    We reserve the right to disclose your Personal Information as described in any privacy notice posted on a page of this Site where you provide that information. By providing your Personal Information on that page you will be consenting to the disclosure of your Personal Information as described in that privacy notice.


    As Described in a Click–Through Agreement

    We reserve the right to disclose your Personal Information as described in any click–through agreement to which you have agreed. 


    Children Under the Age of Thirteen

    We are proud of this Site and we strive to ensure that it does not offend people of any age. However, this Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through this Site without the consent and supervision of a parent or guardian, please contact us using the information provided above so that we can take appropriate action.


    Links to Other Sites

    This Site may contain links to Websites operated by other organizations, including Websites operated by our third-party service providers and other third parties. For example, if you click on an advertisement on this Site, you may be taken to a Website that we do not control. Likewise, we partner with Salce Colada to help us collect and maintain product registration information. Salce Colada has its own Privacy Statement, which applies when registering a product through the Salce Colada platform.

    This Policy does not apply to Personal Information collected on any third-party Website. When you access third-party Websites through a link on this Site, please take a few minutes to review the privacy policy posted on that site.


    This Policy May Change

    This Policy describes Titan’s current policies and practices with regard to the Personal Information we collect through this Site.

    We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy.

    For your convenience, whenever this Policy is changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “effective date” at the top of this page. If more than sixty days goes by between your visits to this Site, be sure you check the effective date to see if this Policy has been revised since your last visit.

    You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Site.


    Definitions

    The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content.

    The term “New Ideas” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

    The terms “Titan,” “we,” “us,” and “our” refer to Titan Tool, Inc.

    The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.

    The term “Policy” refers to this online privacy policy.

    References to this “Site” refer to the Website owned by Titan Tool, Inc. and located at www.titantool.com

    The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through this Site using the social networking tools we make available to you and that does not constitute New Ideas. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is often made available instantaneously to others. Examples of User-Generated Content include comments posted to discussion boards and product reviews.

    TitanTool.com Terms of Use


    Thank you for visiting TitanTool.com, which is owned and operated by Titan Tool, Inc. These Terms of Use govern your use of this Site. If you have any questions about this Site or these Terms of Use, please contact us using the following information:

        Titan Tool, Inc.
        1770 Fernbrook Lane
        Plymouth, MN 55447
        1-800-526-5362
        privacy@titantool.com

    Effective Date: 2011

    Your Acceptance of These Terms of Use

    These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

     

    Your Acceptance of Our Privacy Policy

    By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. 


    Your Consent to Other Agreements

    We may also require you to follow additional rules, guidelines, or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”


    Ownership of this Site and its Content

    This Site, including all its Content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Titan Tool or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

    The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

    Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content elsewhere or broadcast the Content in any media.


    Responsibility for User-Generated Content Posted on or Through this Site

    You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content. This means that you, not Titan Tool, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it.

    Because we do not control the User-Generated Content posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted, or otherwise made available on or through this Site. The User-Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Titan Tool or any person or entity associated with Titan Tool.

    You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, with or without attribution, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.

    We may disclose and/or remove User-Generated Content. Titan Tool reserves certain rights. We reserve the right (but do not assume the obligation) to:
    • monitor all User-Generated Content
    • require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws or compliance with these Terms of Use, including, without limitation, restrictions on User-Generated Content
    • censor, editor, remove, or block any User-Generated Content at any time without notice at our sole and absolute discretion
    • disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Titan Tool or others, or to enforce these Terms of Use
    • terminate your access to and use of this Site
    • You agree that our exercise of such discretion does not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.


    Restrictions on User-Generated Content.

    It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available:
    • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
    • any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law
    • any User-Generated Content that is false, misleading, or fraudulent
    • any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
    • any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity
    • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian
    • any request for or solicitation of any personal or private information from any individual
    • any request for or solicitation of money, goods, or services for private gain
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
    • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation 
    By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity. 


    Your New Ideas

    Although we do not claim ownership of User-Generated Content you post using this Site, any New Ideas (as defined below) you provide to us through this Site will be and remain our exclusive property. Your submission of New Ideas will constitute an assignment to us of all worldwide rights, title and interests in your New Ideas, including all copyrights and other intellectual property rights in your New Ideas. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any New Ideas you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any New Ideas that you do not wish to assign to us.


    Removal of Content


    In general

    On certain pages of this Site, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable Content by contacting us using the information provided above. While we do not have any obligation to remove Content from this Site merely because of a removal request, we may remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the Content has already been distributed to other Websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from this Site may remain on back-up servers.


    Violation of copyrights

    Titan Tool does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

    If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include
    • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest
    • a description of the copyrighted work that you claim has been infringed
    • a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics)
    • your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner
    • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
    Your statement must be addressed as follows:
    • [Copyright Agent]
    • [address]
    • [e-mail address]
    Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. 


    Trademarks

    The Titan Tool names and logos, all product and service names, all custom graphics, all button icons, and all trademarks, service marks, and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Titan Tool (the “Titan Tool Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Titan Tool marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Titan Tool marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.


    Your Obligations

    In consideration of your use of this Site, you agree that to the extent you provide Personal Information to Titan Tool it will be true, accurate, current, and complete and that you will update all Personal Information as necessary.

    If you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided above. Until we are so notified you will remain liable for any unauthorized use of your account.

    You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.


    DISCLAIMERS

    WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR, EXCEPT AS PROVIDED BELOW, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Titan Tool , ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Titan Tool , ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

    WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

    TITAN TOOL does not endorse and is not responsible for statements, advice or opinions made by anyone other than authorized TTIAN TOOL spokespersons. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY statements, advice or opinions CONTAINED IN USER-GENERATED CONTENT AND SUCH statements, advice or opinions DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE or OPINIONS OF TITAN TOOL . WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

    Without limiting the foregoing, certain products offered on or promoted through this Site may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any warranty for any product available for purchase on this Site or promoted through this Site.

    Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.


    LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

    IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

    This Site gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation. 


    Links to Third-Party Websites

    This Site may provide links to other Websites operated by third parties. Because we have no control over third-party Websites, we are not responsible for the availability of those Websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Websites. Titan Tool shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Websites. These Terms of Use do not apply to your use of third-party Websites; your use of such Websites is subject to the terms and policies of the owner of such Websites. 


    Modification and Discontinuation

    We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.


    Definitions

    • The term “Site” refers to the Website located at TitanTool.com and owned by Titan Tool Corp..
    • The terms “Titan Tool ,” “we,” “us,” and “our” refer to Titan Tool Corp.   
    • The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content.   
    • The term “New Ideas” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.   
    • The term “including” means “including, but not limited to.”   
    • The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.   
    • The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through this Site using the social networking tools we make available to you and that does not constitute New Ideas. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site. Examples of User-Generated Content include comments posted to discussion boards and product reviews.

    Waiver

    Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Titan Tool of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.


    Severability

    If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.


    Governing Law, Jurisdiction and Venue

    These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings commenced by you and arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.


    Indemnity

    You agree to indemnify and hold Titan Tool its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes or is alleged to cause us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.


    These Terms of Use May Change

    We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Site. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

    For your convenience, whenever these Terms of Use are changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “effective date” at the top of this page. If more than sixty days go by between your visits to this Site, be sure you check the effective date to see if these Terms of Use have been revised since your last visit. You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Site. 


    Entire Agreement

    These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Titan Tool with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Titan Tool with respect to this Site and your use of this Site.

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