Titan Website - Terms of Use

Last Modified: October 28, 2024

Welcome to the website of Titan Executive Network, LLC, a Delaware limited liability company with a registered office located at 300 Creek View Road, Suite 209, Newark, County of New Castle, Delaware 19711 (“Titan”). These Terms of Use (these “Terms”) govern your access and use of this website (this “Website”).

THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THIS WEBSITE. BY DOING SO, YOU: (A) ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THE PRIVACY POLICY (A CURRENT VERSION IS ACCESSIBLE ONLINE AT: www.titanexecutivenetwork.com, “PRIVACY POLICY”); (B) REPRESENT AND WARRANT THAT YOU ARE A NATURAL PERSON OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT PURSUANT TO APPLICABLE LAWS, AND THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING OR USING THIS WEBSITE.

1.      registration; ACCESS and use.

1.1    Registration.

To access and use this Website, or parts hereof, you may be required to register an account. You must provide accurate, complete, and current information during registration and keep that information up to date. You will not disclose your login credentials to any other person or entity. You are solely responsible for maintaining the confidentiality of, and any access or use of, this Website, directly or indirectly by or through your login credentials.

1.2    Permitted Use.

Subject to, and conditioned on your compliance with these Terms, Titan hereby grants you a limited, personal, revocable, non-sublicensable, non-transferrable, right and license to access and use this Website, together with any and all information, software, text, displays, images, videos, audio, content, and any other materials provided or made available in connection with this Website, and the design, selection, and arrangement thereof (“Titan Materials”), for your personal, non-commercial use only. Nothing herein grants you any right or license to use Titan’s trademarks or other brand features, and you will not do so without the prior written consent of Titan. As used herein, “this Website” includes any and all Titan Materials.

1.3    Linking to this Website.

You may link to this Website, provided that you do so in a way that: (a) is lawful; (b) does not harm the reputation of Titan (or its members, officers, or personnel) or its products or services; and (c) does not suggest any form of association, approval, or endorsement from Titan. The website from which you are linking, and any content or material provided or made available in connection therewith, must comply with the Community Guidelines (a current version of which is accessible online at: www.titanexecutivenetwork.com, “Community Guidelines”), as if such websites, content, and material were “your Materials”, as defined below.

1.4    Prohibited Use.

You will not, and will not permit any other person or entity to, access or use this Website except as expressly permitted by these Terms. Without limiting the generality of the foregoing, you will not, directly or indirectly, permit, facilitate, or otherwise allow any other person or entity to: (a) access or use this Website in violation of applicable laws or these Terms, including the Community Guidelines; (b) copy, modify, or create a derivative work from this Website; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available this Website to any person or entity; (d) translate, reverse-translate, decipher, decode, disassemble, or otherwise reverse-engineer, or otherwise attempt to discover the source code of this Website; or (e) access or use this Website in any manner or for any purpose that: (i) infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity; (ii) introduces any viruses or other harmful code to this Website; (iii) is or may be unlawful, harmful to Titan or any other person or entity; or (iv) may negatively impact the security, stability, or reliability of this Website.

1.5    Reporting Copyright Infringement.

Titan respects laws applicable to intellectual property rights, and you and other users of this Website are required to do the same. If you believe that the Titan Materials infringes, misappropriates, or otherwise violates your copyrights, you may send Titan a notice of copyright infringement to the address set forth in Section 7.4 (Communication).

2.      event registration; fees.

2.1    Event Registration.

This Website may provide you with the ability to register your attendance for networking opportunities or professional events, functions, conferences, or other similar gatherings hosted by Titan and its sponsors (“Events”).

2.2    Event Fees.

In order to attend an Event, you may be required to pay to Titan a non-refundable fee (“Event Fee”). The amount of the Event Fees payable by you will be set forth on the registration page on this Website for such Event.

2.3    Payment; Taxes.

You must provide Titan with debit or credit card information, and such debit or credit card will be automatically charged to pay the Event Fees. Titan does not accept cash, check, or any other form of payment. The Event Fees are exclusive of any and all federal, state, local, or foreign taxes, levies, duties, or similar governmental assessments of any nature, including value added, sales, use, and withholding taxes, and you will be responsible for the payment of all such taxes.

2.4    Application.

If you have entered into a Membership Agreement with Titan (a current version of which is accessible online at: www.titanexecutivenetwork.com (“Membership Agreement”), such Membership Agreement governs, and these Terms do not govern, your payment of the Event Fees in connection with the Event.

3.      website materials.

3.1    Titan Materials.

All Titan Materials are owned by, or licensed to, Titan. The Titan Materials are made available solely for general information purposes and should not be construed as legal, financial, or other professional advice. Titan does not transfer, and is under no obligation to transfer, any title or ownership interest in or to intellectual property rights in connection with these Terms. Any rights not expressly granted by Titan hereunder are reserved by Titan. There are no implied licenses under these Terms.

3.2    License to Your Materials.

This Website may provide you with features and functionalities that enable you to post, submit, publish, display, or transmit content or materials on or through this Website (collectively, “your Materials”). If you do so, you hereby grant Titan a non-exclusive, sub-licensable, transferable, royalty-free, fully paid-up, worldwide right and license to use, store, reproduce, modify, create derivative works of, distribute, publicly perform, publicly display, and otherwise process, exploit, and manipulate (“Process”) your Materials in any manner and for any purpose. To the extent that any of your content includes personal data, Titan will process such personal data in a manner that is consistent with the provisions of the Privacy Policy. The Privacy Policy is hereby incorporated into these Terms by reference. A breach of the privacy policy by you will constitute a breach of these Terms.

3.3    Representations and Warranties.

You hereby represent, warrant, and covenant that: (a) your Materials, and the Processing of your Materials by Titan, do not and will not infringe, violate, or misappropriate the intellectual property rights of any person or entity anywhere in the world; and (b) you have obtained and possess, and will maintain at all times, all authorizations, permissions, consents, rights, licenses, and the like, that are required under applicable law, or that are necessary for Titan to Process your Materials in accordance with Section 3.2 (License to Your Materials).

3.4    Responsibility for your Materials.

You acknowledge and agree that your Materials will be considered non-confidential and non-proprietary, and that you are responsible for your Materials, including its legality, reliability, accuracy, and appropriateness. Your Materials must comply with the Community Guidelines.

3.5    Third-Party Materials; External Materials.

This Website may include third-party content or materials (“Third-Party Materials”), or hyperlinks to third-party websites with third-party content or materials (“External Materials”). Any hyperlink to External Materials on this Website is provided for convenience only and in no way constitutes or implies an endorsement, sponsorship, or recommendation of such External Materials by Titan. If you access or use any Third-Party Materials or External Materials, Titan is not responsible or liable for any such content, you do so at your own risk, and your use of such content will be subject to the terms and conditions and privacy policy of the third-party provider.

3.6    Feedback.

If you send or provide any ideas, comments, suggestions, or similar feedback regarding this Website, you agree that Titan owns all such feedback and can use such feedback without notice, restriction, or compensation to you. You hereby assign all right, title, and interest that you may have in and to such feedback to Titan.

4.      Publicity Materials.

4.1    Scope.

As used herein, your “Publicity Materials” means any film, photograph, recording, or other audiovisual work that: (a) you provide to Titan in connection with your access and use of our Website; and (b) is of you, or that uses or incorporates any of your personal characteristics or indicia of your identity that can be used to identify you, either alone or when combined with other characteristics, or indicia that are linked or linkable to you, in each case, including your appearance, gestures, mannerisms, behaviors, voice (including any verbal expressions, accents, or other sounds), facial expressions, likeness, and similar rights and interests throughout the world (“Likeness”). “Your Materials” include your Publicity Materials.

4.2    Ownership.

Titan shall be the exclusive owner of all intellectual property rights, including any of your rights of publicity, privacy, or similar rights under applicable laws, in and to your Publicity Materials.

4.3    Assignment and License.

You hereby irrevocably assign, transfer, and otherwise convey to Titan all of your intellectual property rights, including any of your rights of publicity, privacy, or similar rights under applicable laws, if any, in and to the Publicity Materials arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such rights against any third party. To the extent that you retain any such intellectual property rights, you hereby irrevocably grant, and consent to, Titan, without any restrictions, limitations, or requirement of additional remuneration, a worldwide, fully paid-up, royalty free, exclusive, perpetual, irrevocable, transferable, and sublicensable (through multiple tiers) right and license to access, use, copy, modify, customize, edit, translate, adapt, make derivative works of, store, publicly display, publicly perform, make available, rent, lend, communicate, disclose, distribute, process, analyze, market, promote, sell, offer for sale, commercialize, and otherwise freely manipulate and exploit the Publicity Materials, including: (a) any of your Likeness used or incorporated therein; and (b) any products, services, software, hardware, networks, technology, documents, content, or material created by or on behalf of Titan that incorporates any of the foregoing (whether in whole or in part) for any marketing, advertising, or promotional purposes.

4.4    Moral Rights.

You hereby irrevocably and unconditionally waive and, to the extent that a waiver is not permissible under the applicable law, undertake not to assert and consent to the violation of, in respect of the Publicity Materials, all moral rights, performers’ rights, and all other similar rights to which you may now or at any future time be entitled under from time to time under applicable laws worldwide.

5.      term; Termination.

5.1    Term; Termination.

These Terms commence on the date you first access or use this Website and continue until terminated. Titan may terminate these Terms at any time and for any reason without prior notice to you. Upon termination of these Terms, the rights and licenses granted to you hereunder will immediately terminate and you will immediately cease any access or use of this Website.

5.2    Enforcement Action.

Titan may, but is not required to, monitor your access and use of this Website, including with respect to your Materials. If you have violated, or Titan reasonably believes that you have violated, these Terms, Titan may take whatever action it deems necessary to protect itself, this Website, and other persons or entities from liability, damage, or other harm, including by deleting, removing, or editing your Materials.

6.      disclaimers; Liability; indemnity.

6.1    Disclaimers; Limitation of Liability.

YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, AND ANY TITAN MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW: (A) TITAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; AND (B) TITAN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS (DIRECT OR INDIRECT), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE EXTENT THAT ANY LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF TITAN IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). YOU AGREE THAT THE LIMITATIONS CONTAINED HEREIN ARE A BARGAINED FOR EXCHANGE AND A MATERIAL CONDITION AND PREMISE OF THESE TERMS.

6.2    Indemnification.

You agree to defend, indemnify, and hold harmless Titan from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use or misuse of this Website, or the Processing of your Materials by Titan.

7.      general.

7.1    Governing Law.

These Terms are to be construed in accordance with and governed by the laws of the State of New York, without giving effect to any conflicts of laws principles. The exclusive jurisdiction and venue for any claim, dispute, or controversy arising out of or in connection with these Terms will be in the state and federal courts located in the State of New York and county of New York. The parties hereby submit to the personal jurisdiction and venue of the foregoing courts and waive all rights they may have to object to the jurisdiction of any such courts, or to transfer or change the venue. The Convention on Contracts for the International Sale of Goods will not apply.

7.2    Severability; No Waiver.

If any term herein is or becomes invalid, illegal, or unenforceable in any jurisdiction it will, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality, or unenforceability, without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable such provision in any other jurisdiction. No failure of either party to enforce or exercise any rights under these Terms will be effective, unless in a writing signed by a duly authorized signatory on behalf of the party claimed to have waived.

7.3    Entire Agreement; Changes.

These Terms, the Privacy Policy, and the Community Guidelines constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous communications and understandings between the parties. Titan reserves the right to modify these Terms, and to modify or discontinue this Website, or any part thereof, at any time without prior notice. Your continued access or use of this Website after any such modification constitutes your agreement to comply with, and be bound by, these Terms, as modified.

7.4    Communication.

This Website is operated by Titan Executive Network, LLC with a registered address at 300 Creek View Road, Suite 209, Newark, County of New Castle, Delaware 19711. All other feedback, comments, requests for technical support, and other communications relating to this Website should be directed to: titanexecnetwork@gmail.com. You hereby irrevocably consent to receiving such notices, disclosures, and other communications from Titan in connection with these Terms electronically.