Terms and Conditions
These Website Terms and Conditions (“Terms”) are entered into by and between you and Titan Siding,
Windows & Exteriors, LLC (“Titan,” “we,” “us,” or “our”) and govern your access to and use of our website and all
services, materials, tools, and functionality provided by us in connection therewith (collectively, the “Website”).
The term “you,” as used in these Terms, means any person or entity who accesses or uses the Website.
Please read these Terms carefully before using the Website. By using the Website, you accept and agree to be
bound by these Terms. If you do not accept these Terms, please do not access or use the Website.
Please note that our exterior products and services — including siding, windows, roofing, and related installation
services — are governed by separate agreements and terms and are not governed by these Terms. These Terms
do not modify any separate agreement that governs our products or services, including any agreement managed
through the JobNimbus platform.
1. CHANGES TO THE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective
immediately when posted. Your continued use of the Website following the posting of revised Terms means that
you accept and agree to those changes.
2. ACCESSING THE WEBSITE
We reserve the right to terminate, alter, or amend the Website, or any service or material we provide on the
Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website
is unavailable at any time or for any period.
3. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality — including all information, software, text,
displays, images, video, audio, and the design, selection, and arrangement thereof — are owned by Titan, its
licensors, or other providers of such material and are protected by United States and international copyright,
trademark, patent, trade secret, and other intellectual property laws. All rights not specifically granted herein are
reserved by Titan.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or
transmit any of the material on our Website except for your personal use. No right, title, or interest in or to the
Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by
Titan.
4. TRADEMARKS
All trademarks, service marks, logos, and trade names appearing on the Website — whether registered or not,
including but not limited to the word mark “Titan Siding, Windows & Exteriors” and the Titan logo (collectively, the
“Marks”) — are and remain the exclusive property of Titan or its licensors. You may not use, copy, reproduce,
republish, upload, post, transmit, distribute, or modify any of the Marks in any way without Titan’s prior written
consent, which shall be in Titan’s sole discretion.
5. PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the
Website:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these
Terms. - To transmit or procure the sending of any unsolicited advertising or promotional material, including spam,
junk mail, or chain letters. - To impersonate or attempt to impersonate Titan, a Titan employee, another user, or any other person or
entity. - To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that may
harm Titan, its clients, or users. - If you are a competitor, or for purposes of monitoring, benchmarking, or any other competitive purpose.
Additionally, you agree not to:
- Use any device, software, or routine that could disable, overburden, damage, or impair the Website or
interfere with any other party’s use. - Modify copies of any materials from the Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from
the Website. - Use any robot, spider, scraper, or other automated means to access the Website for any purpose.
- Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful
material. - Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website or its
servers. - Attack the Website via a denial-of-service or distributed denial-of-service attack.
6. JOBNIMBUS PLATFORM — SEPARATE TERMS
Titan utilizes JobNimbus, a third-party customer relationship management and project management platform, to
manage projects, estimates, contracts, and communications with clients and trade partners. Any access to or use
of JobNimbus — including client portals, digital contracts, project updates, and payment processing — is
governed exclusively by JobNimbus’s own Terms of Service and Privacy Policy, available at
www.jobnimbus.com. Titan is not responsible for and makes no warranty regarding the availability, accuracy,
security, or performance of the JobNimbus platform. By engaging with Titan through JobNimbus, you agree to be
bound by JobNimbus’s applicable terms in addition to any separate agreement executed with Titan.
7. NO RELIANCE ON INFORMATION POSTED
While we periodically update or correct information presented on this Website, such information may contain
typographical errors, technical inaccuracies, or omissions. We make no representation or warranty as to the
accuracy of any information on this Website and expressly disclaim any obligation to update such information. We
reserve the right to make additions, deletions, or modifications to any information at any time without prior notice.
The Website may include content or materials provided by third parties. All statements and opinions expressed in
such materials are solely the responsibility of the person or entity providing them and do not necessarily reflect the
opinion of Titan. We are not responsible or liable for the content or accuracy of any third-party materials.
8. PRIVACY
Our Privacy Policy describes our collection, use, and disclosure of personal information in connection with the
Website. Our Privacy Policy is expressly incorporated into these Terms, and by using the Website you agree to
the practices described therein.
9. THIRD-PARTY WEBSITE LINKS AND SOCIAL MEDIA
The Website may contain links to third-party websites for your convenience only. Those sites have their own
separate terms and conditions and privacy policies, which we encourage you to review. We are not responsible
for and cannot be held liable for the content or activities of those sites. You visit such sites entirely at your own
risk.
The Website may include social media features that operate in conjunction with platforms such as Facebook,
Instagram, and others. Your use of those platforms is governed by each platform’s own terms of service. You are
responsible for ensuring that your use complies with any applicable terms.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR
OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE
WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. NEITHER TITAN NOR ANY PERSON ASSOCIATED WITH TITAN MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS
TO CEASE ACCESSING AND USING THE WEBSITE AND THE CONTENT. THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. LIMITATION ON LIABILITY
IN NO EVENT WILL TITAN SIDING, WINDOWS & EXTERIORS, LLC, ITS AFFILIATES, LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE,
ANY LINKED WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO
PERSONAL INJURY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL — WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold Titan Siding, Windows & Exteriors, LLC (and its affiliated companies,
contractors, employees, directors, officers, licensors, and agents) harmless from any and all claims, suits, actions,
losses, costs, damages, and other liabilities, including attorneys’ fees, brought by a third party arising out of or
related to: (i) your use or misuse of the Website; (ii) any violation of applicable law or the rights of any other
person or entity by you; or (iii) any breach or violation by you of these Terms.
13. SEVERABILITY; WAIVER
If any provision of these Terms is held unlawful, void, or for any reason unenforceable, that provision shall be
deemed severable from these Terms and shall not affect the validity and enforceability of any remaining
provisions. A provision of these Terms may be waived only by a written instrument executed by the party entitled
to its benefit. The failure of any party at any time to require performance of any provision will not affect such
party’s right to enforce the same at a later time.
14. ARBITRATION; CLASS ACTION WAIVER
(a) Applicability. You agree that any dispute or claim relating in any way to your access or use of the Website,
Titan’s marketing or advertising practices, the collection or sharing of information on the Website, or any aspect of
your consumer relationship with Titan (unless otherwise governed by a separate agreement) shall be resolved by
binding arbitration rather than in court — except that (1) you may assert claims in small claims court if your claims
qualify, provided the matter remains in such court and advances only on an individual basis; and (2) either party
may seek equitable relief in court for infringement or other misuse of intellectual property rights.
IF YOU AGREE TO ARBITRATION WITH TITAN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE
IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST TITAN ALLEGING CLASS,
COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.
(b) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement. Arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes, both available at www.adr.org. Any judgment on the arbitration award may be
entered in any court of competent jurisdiction.
(c) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute related to the
interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitrator shall have the
authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual
under applicable law. The arbitrator’s award is final and binding upon you and Titan.
(d) Waiver of Jury Trial. YOU AND TITAN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN
COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY
ARBITRATION UNDER THIS AGREEMENT, EXCEPT AS SPECIFIED ABOVE.
(e) Waiver of Class or Consolidated Actions. YOU AND TITAN AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS ON
A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION
AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY.
(f) 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice
of your decision to Titan within thirty (30) days after first becoming subject to this Arbitration Agreement. Your
notice must include your name, address, and an unequivocal statement that you want to opt out. Opting out does
not affect any other part of these Terms.
(g) Survival. This Arbitration Agreement will survive the termination of your relationship with Titan.
15. GOVERNING LAW
These Terms are governed by the laws of the State of Texas, without giving effect to any principles of conflict of
law. Any disputes not subject to arbitration under Section 14 shall be subject to the exclusive jurisdiction of the
state and federal courts located in Texas.
16. COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to the Website should
be directed to Titan Siding, Windows & Exteriors, LLC via the contact information provided on our Website or
through the JobNimbus client portal.