TERMS

KERWIN FROST WEBSITE TERMS OF USE

DUE TO THE NATURE OF THIS LIMITED TIME AND LIMITED EDITION SALE, ALL SALES ARE FINAL. NO RETURNS, EXCHANGES, OR MODIFICATIONS TO YOUR ORDER WILL BE ALLOWED.

FOR CUSTOMER SERVICE, PLEASE E-MAIL YOUR ORDER NUMBER AND QUERY TO HELP@KERWINFROST.COM

Welcome to the official website of Kerwin Frost, kerwinfrost.com (the "Website" or "Site"), operated by TITOL Retail, LLC ("TITOL™"). To assist you in using the Website and associated Services, and to ensure a clear understanding of the relationship arising from your use of the Website and participation in the Services, we have created (i) these Terms of Use (the "Terms of Use" or "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site and participation in our Services. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, "you"), including casual visitors to our Site who do not participate in the Services. The terms "Kerwin Frost," "TITOL™," "we" and "us" refer to Kerwin Frost and TITOL™, collectively.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

ALL SALES FINAL. NO RETURNS, EXCHANGES, OR MODIFICATIONS TO YOUR ORDER AFTER PLACED.

  1. Your Agreement. These Terms govern: (i) your use of the Website, (ii) your receipt of and participation in TITOL™'s services offered through the Website (the "Services"), (iii) your provision of information in connection with using the Website (collectively, the "User Content"); and (iv) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Kerwin Frost, TITOL™, or their respective licensors and made available to you through the Website (collectively, the "Kerwin Frost"). Please read these Terms carefully; they impose legal obligations on you and on TITOL™, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
  1. Your Consent to our Privacy Practices. As noted above, our Privacy Policy explains how we treat information that you provide to us through the Site. By accessing our Website, you consent to our privacy practices.
  1. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website, Services, or the Kerwin Frost Content, are the proprietary property of Kerwin Frost, TITOL™, and their respective licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Kerwin Frost, TITOL™, and their respective licensors retain all rights with respect to the Website, Services, and the Kerwin Frost Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site and/or through the Services unless specifically authorized in writing by TITOL™.

 4. Grant of Rights

 a. Grant of Rights Kerwin Frost and TITOL™ in User Content. By submitting User Content when participating in the Services, uploading files, or otherwise (if such features are available to you), you grant Kerwin Frost and TITOL™ the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Kerwin Frost and/or TITOL™'s use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section a (Grant of Rights to Kerwin Frost and TITOL™ in User Content).
 b. Grant of Rights to You in Kerwin Frost Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Kerwin Frost Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Kerwin Frost Content; (ii) modify or make derivative works based upon the Website or Kerwin Frost content; or (iii) reverse engineer, reverse compile, or access the Website or the Kerwin Frost Content in order to build a competitive product or service. You may access and view the Website and the Kerwin Frost Content for use solely as provided in these Terms, but you may not modify, copy, distribute, or otherwise use the Website or the Kerwin Frost Content.
  1. Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
  • Upload, e-mail, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or is otherwise objectionable.
  • Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
  • Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
  • Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  • Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
  • Use the Website in a manner that could disable, overburden, or impair the Website or Services, or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam" e-mail.
  • Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
  • Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.
  • Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
  1. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.
 a. Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SERVICES AT ISSUE.
 b. Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Kerwin Frost and TITOL™ reserve the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.
  1. Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 23 (Contact Us).
  1. Links to Third-Party Sites. The Website may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"), such as those to visit our pages on social media websites. Kerwin Frost and/or TITOL™ has/have no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. Neither Kerwin Frost or TITOL™ endorse the content of any Linked Site, nor warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, then the Information that you submit shall be governed by the Linked Site's privacy policy and terms of use, and not by Kerwin Frost Privacy Policy and Terms of Use.
  1. User Conduct; User Disputes. Neither Kerwin Frost or TITOL™ are responsible for and is not liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online and offline. We have no obligation to become involved in disputes between site visitors. If you have a dispute with one or more site visitors, you release Kerwin Frost and TITOL™ (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
  1. Terms and Conditions of Products.
a. Product(s).
i. "Product(s)" shall mean any goods purchased through this Site, and any subdomains.
ii. TITOL™ may change the Product (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client's use of the Product.
iii. Products offered are intended for personal use. TITOL™ reserves the right to refuse to sell Products to you if it reasonably appears to us that you intend to resell such Products. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of Products purchased by each customer or to refuse to provide any customer with any such Products. Your properly completed and delivered order form through the Site constitutes your offer to purchase the goods or services referenced in your order. Your order will be deemed to be accepted only if and when TITOL™ sends an order acceptance and shipping notice e-mail to your e-mail address.
iv. TITOL™ endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the "Disclaimers" section below, TITOL™ does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. TITOL™ reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
b. Product Pricing.
i. The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax (and for international sales value added tax, customs and duties), where applicable, or delivery costs.  You are entirely responsible for paying, all applicable sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to each Product purchased, as well as the delivery cost.  In addition, if you are an international customers (e.g. residing outside the United States), you must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Product from its country of origin and import into your country. TITOL™ reserves the right, at any time, to change its prices and billing methods for Products sold, effective immediately upon posting on the Site or by electronic communications to you.
ii. If shipping costs are charged, these will be clearly stated on the Site before purchase. The shipping costs will be displayed separately in the ordering process.
iii. TITOL™'s pricing and the availability of the Product can change at any time without notice, which may also include import/export restrictions. Prices indicated are in U.S. dollars and we will indicate to you any other applicable shipping charges and taxes prior to your purchase. By your purchase, you agree to indemnify and hold TITOL™ harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes for which you may be liable.
c. Order Process, Payment, and Electronic Communications.
i. If you place any orders for Products on the Site, you are expressly agreeing that TITOL™ is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with TITOL™. You agree that the fees will be billed to your payment card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. All billing information must match the shipping address, no exceptions. No orders, billing information, or purchases made by a customer outside the United States (and in those instances identified in the Products listing, those excluded states within the United States) will be accepted, or processed. If payment is not received or cannot be charged to your payment card for any reason in advance of shipping your order, TITOL™ reserves the right to either suspend or terminate your order.
ii. All orders placed by you are subject to acceptance by TITOL™ and all items are subject to availability. Order processing may take between 1 to 7 days (not including weekends or holidays) and sometimes longer, depending upon volume of orders.  Special Product orders (including limited editions, and pre-order offers) may contain additional terms, of which will be provided for each respective Product.  Please read Product sales terms listed for each Product carefully before placing your order.
iii. Acknowledgement of your order means that TITOL™ has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. TITOL™ may in its discretion require credit or other additional verification or information before accepting any order.
iv. TITOL™ reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse. In addition, if you for any reason fail to pay the total purchase price with respect to any products in accordance with this Section, you irrevocably authorizes us, at our option, to charge you for any outstanding portion of such total purchase price using any credit card information you have provided on the Site or in connection with the purchase, whether or not you provided such credit card information in connection with the sale at issue.
v. By using the Site, you consent to receiving electronic communications from Kerwin Frost and/or TITOL™. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and services. These electronic communications are part of your relationship with Kerwin Frost and TITOL™ and you receive them as part of your Product order. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
d. Risk of Loss. All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon TITOL™'s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are solely responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
c. Shipping and Returns/Exchanges.
i. Any estimated arrival or delivery date provided by TITOL™ is not a guarantee. Although TITOL™ will make reasonable effort to meet estimated dates, delivery of the Product may take more or less time than estimated and TITOL™ disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. If TITOL™ is unable to deliver the Products within thirty (30) days after it confirms acceptance of the order, it will notify you accordingly. In such event, you have the right to either agree to a new delivery date or to cancel your purchase without incurring any costs, and you will receive a refund for any Products paid for but not received.  You acknowledge and agree that TITOL™ shall not be liable for, or otherwise obligated to approve or accept any cancellations or refunds requests from you related to any: (i) pre-order Products; (ii) limited edition Products; (iii) final sale Products; (iv) custom order Products; (v) Products that have produced and/or shipped prior to such cancellation and/or refund request; and (vi) those Products subject to additional terms and conditions identified in their respective Products listing.
ii. If the ordered Product is out of stock or can no longer be supplied for any other reason, TITOL™ may elect to cancel the order by notifying you in writing, and refund your purchase.
iii. TITOL™ does not authorize the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order placed by an unauthorized reseller will be rejected without stating reasons and such unauthorized customer may be excluded by TITOL™ from the Site.
iv. If a delivered Product fails to comply with this limited warranty, you must notify TITOL™ thereof within five (5) days. You can submit a complaint by e-mail or in writing. The contact details of TITOL™ are provided at the end of this Terms and Conditions and Limited Warranty policy.  TITOL™ will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint.  If TITOL™ is unable to formulate a substantive response to the complaint within such period, TITOL™ will confirm receipt of the complaint and give an indication of the time within which it expects to be able to give you a substantive or definitive response.  The warranty liability of TITOL™ is limited to your purchase price for the Product unless otherwise prohibited by law.
v. Please Note: only items purchased by the original purchaser on kerwinfrost.com may be accepted by TITOL™ for return. If you purchased your Products from one of our authorized retailers, please contact them for assistance.
vi. All returns from kerwinfrost.com must be accompanied by all original Product components in the original packaging, sealed, unused and undamaged by the original purchaser. TITOL™ reserves the right to inspect any return and to limit returns if we have reason to suspect misuse of our returns policy (such as excessive returns, reseller activity, or fraud).
vii. If you purchase a Product from an unauthorized reseller, the warranty is not valid, and TITOL™ has no warranty obligation of any kind. Please be aware that there are some websites or dealers (e.g. eBay, Amazon, etc.) who claim to be authorized resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from TITOL™. When you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.
viii. TITOL™ reserves the right to repair, replace or (partially) refund the cost of a Product. TITOL™ will only pay the costs of return and other shipping costs in case of defective or misdescribed Products. These rights shall only apply to the original purchaser.
ix. European Union Consumer Rights Directive. Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to you, unless one of the exceptions below applies, you have the right to cancel its order without giving reason within 14 days from the day on which you receive the Order. You must inform TITOL™ of your decision to cancel the order in writing within this period. Upon receipt TITOL™ will reimburse all payments received from you for the Order purchased and you will incur no fee as a result of such reimbursement. However, reimbursement may be withheld until TITOL™ has received the Order(s) back from you. You must send back the products following the instructions of TITOL™. You will bear the cost of returning the Order to TITOL™. You may lose this right if the value of the Order(s) returned diminishes due to the handling of the Order. The right of cancellation does not apply to: (a) the supply of Items made to the buyer’s specifications (You are responsible for ensuring that the customization details are correct. No cancellation nor alteration may be made once a customized order has been placed. It is not possible to request customization for items after an order has been placed or delivered.); (b) the supply of Products which are limited editions, special offers, final sales, or may deteriorate or expire rapidly; (c) the delivery of Products which are not suitable for return due to health protection or hygienic reasons if unsealed by the buyer after delivery, or which are, after delivery, mixed with other items; (d) the delivery of sealed video or audio recordings or of sealed software if unsealed by the buyer after delivery; and (e) the setting aside stock that would result in difficulty to fulfill.
  1. Limited Warranty and Disclaimer. TITOL™ DOES NOT PROMISE THAT THE WEBSITE, PRODUCTS, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. KERWIN FROST AND TITOL™ DO NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

KERWIN FROST AND TITOL™ DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.

 

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL KERWIN FROST AND/OR TITOL™ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  1. Indemnity. You agree to defend, indemnify, and hold Kerwin Frost, TITOL™, and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
  1. Force Majeure. Notwithstanding any other provision of these Terms and Conditions and Limited Warranty, neither party will be liable to the other party for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to Force Majeure. "Force Majeure" will mean causes that are beyond the reasonable control of the party claiming Force Majeure and that could not have been avoided or prevented by reasonable foresight, planning or implementation by the party claiming Force Majeure, including without limitation: (a) any act of God, fire, explosion, lightning, storm, flood, earthquake, or accident; (b) war, terrorism, hostilities, civil war, insurrection, riot, civil unrest, commotion or acts of a public enemy; (c) labor shortages, strikes, lock-outs, or other labor, industrial or trade action, disputes, disruption or disturbances (whether involving its employees or those of any other person); (d) theft, sabotage, malicious damage, fraud, epidemic, pandemic, plagues, or quarantine restrictions; or (e) failure, malfunction or unavailability of power, telecommunications, data communications, or related services. Any delay or failure of this kind will not be deemed to be a breach of these Terms and Conditions and Limited Warranty and the time for performance of the affected obligation will be extended by a period that is reasonable in the circumstances. A party claiming the benefit of this clause will use reasonable efforts to mitigate the effect of any of the events or circumstances referred to above and will promptly advise the other party of the date by which its performance may reasonably be expected to resume.
  1. Arbitration & Class Action Waiver.
a. If a dispute arises between you and TITOL™, we would like to talk to you about it. Contact us at the address at the end of these Terms and Limited Warranty. If we are unable to resolve the dispute, you agree to submit the dispute to binding arbitration as described below. Please read this section carefully as it affects your legal rights.
b. Agreement to Binding Arbitration and Class Action Waiver. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS AND LIMITED WARRANTY OR USE OF THE PRODUCT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TITOL™, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT  TITOL™ AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS WILL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
c. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SALE AND LIMITED WARRANTY WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
d. Opt-Out of Arbitration Agreement. You may opt out of this agreement to arbitrate by e-mailing privacy@titol.com with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
e. Arbitration Procedures. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms and Conditions and Limited Warranty. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. There will be one (1) arbitrator, who will be a trial attorney with not less than fifteen (15) years’ experience in technology and consumer products. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the American Arbitration Association or by the arbitrator. The arbitrator’s decision will follow these Terms and Conditions and Limited Warranty and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions and Limited Warranty, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions and Limited Warranty will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
  1. Contact for Alleged Copyright Infringement. TITOL™ respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify us as follows:
Attn: DMCA Copyright Administrator
7060 Hollywood Blvd
2nd Floor
Los Angeles, CA 90028
or by e-mail to privacy@titol.com
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

 

  1. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect prospectively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
  1. Assignment. These Terms shall not be assignable by you, either in whole or in part. TITOL™ reserves the right to assign its rights and obligations under these Terms.
  1. General. These Terms shall be governed in all respects by the laws of the State of Delaware without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Delaware in the judicial district where TITOL™ has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. TITOL™'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between TITOL™ and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
  1. Additional Terms. Certain Services may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.
  1. Survival. In addition to any provision that by its nature or intent is intended to survive the termination of these Terms, the following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 11 (Warranty Disclaimer); (iii) Section 12 (Limitation of Liability); (iv) Section 13 (Indemnity); (v) Section 18 (Assignment); and (vi) Section 21(Survival).
  1. Relationship to Terms and Conditions, Privacy Policy and Other Contracts. These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website (if any), and (ii) with our Privacy Policy and Terms and Conditions and Limited Warranty. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.
  1. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:
TITOL Retail, LLC
7060 Hollywood Blvd
2nd Floor
Los Angeles, CA 90028

  1. Governing Law. The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in Wilmington, Delaware and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.

Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in Wilmington, Delaware, or, if brought in a federal district court, United States District Court for the District of Delaware and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.

  1. Effective Date: The effective date of these Terms of Use is June 1, 2021.

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