Terms & Condition
Use of this web site is governed by the User Agreement. The content contained on this site is believed to be accurate at the time it was posted, but is provided to users “AS IS” without any express or implied warranty as to merchantability, non-infringement, accuracy, completeness, timeliness, sequencing, fitness for a particular purpose or otherwise.
Titan Advisors, LLC - User Agreement
By accessing or using this web site, www.titanadvisors.com (the “Site”), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Titan Advisors, LLC (“Titan”), and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
1. Titan grants you a limited right and license to use the Site solely for the purposes of reviewing the information posted herein relating to your investment(s).
- Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
- At any time and for any reason, Titan may revoke your right to use all or any portion of the Site.
- You may not violate or attempt to violate the security of the Site.
2. The Site and its Content are owned by Titan, its affiliates [, and/or third parties].
- The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Titan, its affiliates [and/or third parties].
- Titan Advisors, LLC, www.titanadvisors.com and other names and indicia of Titan and its products and/or services are exclusive trademarks and service marks or registered trademarks of Titan Advisors, LLC and/or its affiliates. [Other product and company names appearing on the Site may be trademarks of their respective owners.]
- You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
- You may not publish, broadcast, retransmit, reproduce, repackage, frame, use, copy, exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
- You may print copies of any accessible portion or portions of the Site only for your own personal use. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions.
- You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
3. You make certain representations and warranties regarding your use of the Site.
- You represent and warrant that:
- › you are 18 years of age or older;
- › the information provided in the Site registration form is true, accurate, current and complete;
- › you will maintain and update the registration information to keep it true, accurate, current, and complete;
- › the information in the registration form belongs to you
- › you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
- › you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
- › you will not delete any Content on the Site.
4. All Content is for informational purposes only.
- Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.
- We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable.
- Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal or other advice.
- If you would like investment, accounting, tax, legal or other advice, you should consult with your own financial advisors, accountants, attorneys or other advisers regarding your individual circumstances and needs.
- THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
5. There are various risks you assume in relying on the Content.
- Titan makes reasonable efforts to provide accurate Content on the Site, but at times Titan may not promptly update or correct the Site even if Titan is aware that it is inaccurate, outdated or otherwise inappropriate.
- Titan may change all or any portion of the Site at any time without notice to you.
- Titan does not endorse the opinions or warrant the accuracy of facts or other Content contributed by any third party.
- You agree that Titan is not liable for any action you take or decision you make in reliance on any Content.
6. If Titan provides you with a password, you must keep your password confidential.
- Titan may provide you with a password to access certain areas of the Site.
- You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party.
- You accept full responsibility for any use of your password.
- You must notify Titan immediately of any actual or suspected loss, theft or unauthorized use of your password.
- Titan is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Titan will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
7. Titan is not liable for any technological problems and any impact that they may have.
- All or any portion of the Site may not be available and may not function properly at any time.
- Titan makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
- Titan takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but Titan disclaims liability for any interception of data or communications.
- Titan makes reasonable efforts to ensure that the Site is secure but Titan does not guarantee the security of the Site.
- Titan is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
- Titan is not liable for any defects, delays or errors in or resulting from your use of the Site.
8. Titan is not responsible for information on any third party web site.
- If you access any third party web site through the Site or otherwise, you do so at your own risk.
- Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by Titan.
9. Titan has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.
- Titan may monitor and record activity on the Site for any reason or for no reason.
- Titan may investigate any complaint or reported violation of its policies.
- Titan may report any activity that Titan suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that Titan deems appropriate.
- Titan may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that Titan deems appropriate.
10. Titan respects your privacy.
YOU RECOGNIZE THAT NON-PUBLIC INFORMATION CONCERNING YOU DISCLOSED BY YOU TO TITAN OR OTHER AGENTS (THE "INFORMATION") (SUCH AS THE USER'S NAME, ADDRESS, SOCIAL SECURITY NUMBER, ASSETS AND INCOME) (I) MAY BE DISCLOSED TO THE FUNDS' ADMINISTRATOR, IF ANY, GENERAL PARTNER, INVESTMENT MANAGER, ATTORNEYS, ACCOUNTANTS AND AUDITORS IN FURTHERANCE OF THE FUNDS' BUSINESS AND TO OTHER SERVICE PROVIDERS SUCH AS BROKERS WHO MAY HAVE A NEED FOR THE INFORMATION IN CONNECTION WITH PROVIDING SERVICES TO THE FUNDS, (II) TO THIRD PARTY SERVICE PROVIDERS OR FINANCIAL INSTITUTIONS WHO MAY BE PROVIDING MARKETING SERVICES TO THE FUNDS PROVIDED THAT SUCH PERSONS MUST AGREE TO PROTECT THE CONFIDENTIALITY OF THE INFORMATION AND USE THE INFORMATION ONLY FOR THE PURPOSES OF PROVIDING SERVICES TO THE FUNDS AND (III) AS OTHERWISE REQUIRED OR PERMITTED BY LAW. TITAN RESTRICTS ACCESS TO THE INFORMATION TO THEIR EMPLOYEES WHO NEED TO KNOW THE INFORMATION TO PROVIDE SERVICES TO TITAN, AND MAINTAIN PHYSICAL, ELECTRONIC AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH U.S. FEDERAL STANDARDS TO GUARD THE INFORMATION."
11. TITAN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM.
- THE SITE, INCLUDING ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.”
- TITAN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT INCLUDING WARRANTIES OF
- › MERCHANTABILITY,
- › FITNESS FOR A PARTICULAR PURPOSE AND
- › NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
- WITHOUT LIMITING TITAN’S GENERAL DISCLAIMER, TITAN DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR THE CONTENT.
12. TITAN’S LIABILITY WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- IN NO EVENT WILL TITAN OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.
- TITAN’S LIABILITY IS LIMITED EVEN IF TITAN HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.
- UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF TITAN, AND ITS AFFILIATES, AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE AND THE CONTENT IS $100.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
13. You will be responsible for any liability to Titan that arises out of your breach of this User Agreement or your use of the Site.
- You agree to indemnify, defend and hold harmless Titan and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to:
- › your use of the Site,
- › your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
- › your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
14. You and Titan agree to settle disputes without a jury under the substantive provisions of New York State law.
- This User Agreement and all terms and conditions included or incorporated by reference will be governed by and interpreted in accordance with the laws of the State of New York that apply to agreements made and wholly performed therein, without giving effect to conflicts of law principles.
- You hereby consent to the exclusive jurisdiction of the Southern District of New York or any New York State Court located in the Borough of Manhattan, New York, in all disputes arising from or relating to this User Agreement or your access to or use of the Site.
- You hereby waive any objection to venue or inconvenient forum laid therein.
- You hereby irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any and all rights to trial by jury in all disputes arising from or relating to this User Agreement or your access to or use of the Site.
15. You will be bound by revised versions of this User Agreement that Titan posts on the Site.
- Modifications will be effective immediately upon posting unless Titan indicates otherwise.
- Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
16. Customer Support
- If you have any problems with the Site, please call our customer support at (914) 937-7600 or send an e-mail to firstname.lastname@example.org.
17. You are bound by certain other general conditions.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and Titan as a result of this User Agreement and/or your use of the Site.
- Titan may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
- No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced.
- If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.
- This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Titan concerning the subject matter hereof.