Website Terms of Service

1. Introduction and Acceptance

These Website Terms of Service ("Terms") govern your access to and use of the website located at titancloudservice.com and any related subdomains, pages, or web properties operated by Titan Hills Holding LLC through its Titan Cloud Services division (collectively, the "Website"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, do not access or use the Website.

These Terms apply to all visitors, prospective customers, and users of the Website. These Terms do not govern the delivery of managed services to customers under a signed agreement; those relationships are governed by the Managed Cloud Services Terms and Conditions and any applicable quotation, order form, or statement of work.

2. About Titan Cloud Services

The Website is operated by Titan Hills Holding LLC, a Wyoming limited liability company, through its Titan Cloud Services division. Titan Cloud Services provides managed IT services, cloud services, Microsoft 365 administration, cybersecurity, backup, and related technology services to business customers in the United States.

References to "Titan Cloud Services," "Titan Hills Holding LLC," "we," "us," or "our" in these Terms refer to Titan Hills Holding LLC and its Titan Cloud Services division collectively.

3. Commercial Use Only

The Website and the services described on it are intended solely for businesses, organizations, and professional or commercial users. By accessing this Website or submitting any inquiry, you represent that you are doing so on behalf of a business or organization for commercial or professional purposes, and not for personal, family, household, or consumer use.

Nothing in these Terms is intended to waive or limit any rights that cannot be waived or limited under applicable mandatory law.

4. Order of Precedence

These Terms apply to general use of the Website and serve as the baseline terms for visitors and prospective customers who do not have a separate signed agreement with Titan Hills Holding LLC.

For customers with a signed or accepted customer agreement, the following order of precedence applies in the event of any conflict:

1. A separately executed Master Services Agreement or Statement of Work signed by both parties
2. The accepted quotation, order form, or service order
3. Any service-specific addendum
4. A separately executed Data Processing Agreement (DPA)
5. The Managed Cloud Services Terms and Conditions
6. These Website Terms of Service
7. The Titan Cloud Services Privacy Policy

A higher-precedence document controls only as to the specific provision in conflict. All non-conflicting provisions of lower-precedence documents remain in full force and effect.

5. Website Use and Acceptable Use

You may use the Website for lawful purposes only. You agree not to:

• (a) Use the Website for any unlawful, fraudulent, or harmful purpose;
• (b) Attempt to gain unauthorized access to any part of the Website, its servers, or any system or network connected to the Website;
• (c) Transmit any malware, viruses, spam, or other harmful or disruptive code through or in connection with the Website;
• (d) Scrape, crawl, or systematically extract content from the Website without prior written authorization;
• (e) Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website;
• (f) Misrepresent your identity, affiliation, or purpose when submitting any inquiry, form, or communication through the Website; or
• (g) Use the Website to solicit Titan Cloud Services employees, contractors, or service delivery partners.

Titan Hills Holding LLC reserves the right to block or restrict access to the Website for any user who violates these Terms or whose use creates risk to the Website, its infrastructure, or third parties.

6. No Binding Offer; No Commitment from Website Content

The content on the Website, including service descriptions, pricing references, feature lists, capability statements, and case studies, is provided for general informational purposes only. No content on the Website constitutes a binding offer, proposal, service level commitment, price quote, warranty, guarantee, or contractual obligation of any kind.

Submitting a contact form, requesting a quote, or engaging in a preliminary inquiry through the Website does not create a binding agreement, does not obligate Titan Hills Holding LLC to provide any service, and does not constitute acceptance of any terms by Titan Hills Holding LLC. A binding customer agreement is created only when a quotation, order form, SOW, or other customer agreement is accepted by authorized means — including electronic signature, written confirmation, purchase order, payment, or written authorization — and accepted by Titan Hills Holding LLC in accordance with applicable law.

Titan Hills Holding LLC reserves the right to decline to provide services to any party for any lawful reason.

We may modify, remove, update, or discontinue Website content, service descriptions, features, or offerings at any time without obligation to update prior materials.

7. Intellectual Property

All content on the Website, including text, graphics, logos, icons, images, audio, video, software, page layout, and design, is owned by or licensed to Titan Hills Holding LLC and is protected by applicable United States and international intellectual property laws.

You may access and view the Website for internal business evaluation, informational, and procurement-related purposes only. You may not reproduce, distribute, publicly display, modify, create derivative works from, or commercially exploit any content from the Website without the prior written consent of Titan Hills Holding LLC.

The Titan Cloud Services name, logo, and all related marks are trademarks or service marks of Titan Hills Holding LLC. Nothing on the Website grants any license or right to use any trademark or service mark without prior written permission.

8. Third-Party Links and Content

The Website may contain links to third-party websites, services, or resources. These links are provided for convenience only. Titan Hills Holding LLC does not control, endorse, or assume responsibility for the content, privacy practices, or availability of any third-party website or resource. Access to third-party websites is at your own risk and subject to the terms and conditions of those websites.

Third-party product names, service names, and trademarks referenced on the Website (including Microsoft, Microsoft 365, and other vendor names) are the property of their respective owners. References to third-party products or services do not constitute an endorsement, partnership, or affiliation unless expressly stated.

9. No Third-Party Authority

No reseller, referral partner, vendor, subcontractor, sales representative, consultant, or other third party is authorized to bind Titan Hills Holding LLC to any warranty, representation, commitment, discount, service level, refund, credit, or obligation of any kind, unless such commitment is expressly stated in a written agreement signed by an authorized representative of Titan Hills Holding LLC.

You may not rely on any representation, promise, or commitment made by a third party as creating any obligation on the part of Titan Hills Holding LLC.

10. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, INFORMATION, AND MATERIALS ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TITAN HILLS HOLDING LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR INFORMATION CONTAINED ON IT.

TITAN HILLS HOLDING LLC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TITAN HILLS HOLDING LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFIT, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TITAN HILLS HOLDING LLC'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

The limitations in this section do not apply to damages arising from Titan Hills Holding LLC's willful misconduct or gross negligence, or to death or bodily injury caused directly by Titan Hills Holding LLC's negligence. For customers receiving paid services under a Customer Agreement, the liability provisions in the applicable Customer Agreement or Managed Cloud Services Terms and Conditions control.

12. Indemnification

You agree to defend, indemnify, and hold harmless Titan Hills Holding LLC and its affiliates, officers, employees, and service providers from and against any third-party claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Website in violation of these Terms; (b) your violation of any applicable law or regulation; (c) any content you submit through the Website; or (d) any misrepresentation you make in connection with the Website or any inquiry submitted through it.

13. Privacy

Titan Hills Holding LLC's collection and use of personal information submitted through the Website is described in the Titan Cloud Services Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy before submitting any personal information through the Website.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to the Website or these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law principles. To the extent any non-waivable mandatory law of another jurisdiction applies, such law applies only to the extent required and only to the affected matter. All other provisions of these Terms remain in full force and effect.

14.1 Dispute Resolution Ladder. Prior to initiating any formal legal proceedings, both parties agree to attempt resolution through the following sequential process: (a) Good-Faith Negotiation: upon written notice of a dispute, authorized representatives of both parties shall confer within ten (10) business days and attempt in good faith to resolve the dispute for a period of no less than thirty (30) calendar days; (b) Mediation: if good-faith negotiation fails, either party may submit the dispute to non-binding mediation under the American Arbitration Association (AAA) Commercial Mediation Procedures, with costs shared equally between the parties.

If mediation is unsuccessful, either party may pursue its rights exclusively in the state or federal courts located in the State of New Jersey. Each party irrevocably submits to the exclusive personal jurisdiction and venue of such courts and waives any objection to the laying of venue in such courts. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction without completing the negotiation and mediation steps where delay would cause irreparable harm.

14.2 Collections and Enforcement Carve-Out. The dispute resolution procedures in Section 14.1 do not restrict Titan Hills Holding LLC's right, where applicable, to: recover undisputed amounts owed; pursue collections; recover chargeback amounts; enforce payment obligations under a Customer Agreement; seek injunctive or equitable relief to protect intellectual property or confidential information; or seek injunctive or equitable relief without first completing negotiation and mediation.

14.3 Class Action Waiver.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. THIS WAIVER IS A MATERIAL TERM OF THESE TERMS.

14.4 Jury Trial Waiver.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY MATTER RELATING TO THE RELATIONSHIP BETWEEN THE PARTIES. THIS WAIVER IS KNOWING, VOLUNTARY, AND MADE WITH THE BENEFIT OF COUNSEL OR THE OPPORTUNITY TO CONSULT COUNSEL. THIS WAIVER IS A MATERIAL TERM OF THESE TERMS.

15. Force Majeure

Titan Hills Holding LLC shall not be liable for any failure or delay in the availability or operation of the Website to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, acts of war or terrorism, government actions, internet or telecommunications disruptions, power failures, or cyberattacks not attributable to Titan Hills Holding LLC's negligence.

For the avoidance of doubt, a force majeure event does not excuse any payment obligations that accrued before the event commenced.

16. Assignment

These Terms and any rights or obligations under them may not be assigned or transferred by you without the prior written consent of Titan Hills Holding LLC. Titan Hills Holding LLC may assign or transfer these Terms, in whole or in part, without your consent, in connection with a merger, acquisition, reorganization, change of control, asset sale, or transfer of all or substantially all of the Titan Cloud Services business.

17. Electronic Communications

By using the Website and submitting any inquiry, contact form, or request, you consent to receive communications from Titan Hills Holding LLC electronically, including by email or through the Website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any requirement that such communications be in writing, to the fullest extent permitted by applicable law.

18. Modifications to These Terms

Titan Hills Holding LLC reserves the right to update or modify these Terms at any time. Updated Terms will be posted on the Website with a revised effective date. Your continued use of the Website after the effective date of any update constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically. Titan Hills Holding LLC recommends that customers with active service agreements review any updates to ensure consistency with their executed agreements.

For existing customers under a signed agreement, updates to these Terms do not alter the terms of that signed agreement. Changes to the Managed Cloud Services Terms and Conditions are governed by the amendment procedures in that document.

19. General Provisions

19.1 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

19.2 Waiver. The failure of Titan Hills Holding LLC to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.

19.3 Independent Contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Titan Hills Holding LLC.

19.4 Entire Agreement. For website visitors and prospective customers who do not have a separate signed agreement with Titan Hills Holding LLC, these Terms, together with the Privacy Policy, constitute the entire agreement between the parties with respect to use of the Website and supersede all prior understandings or agreements regarding the same subject matter. For existing customers under a signed agreement, that agreement and the applicable Managed Cloud Services Terms and Conditions govern the service relationship in accordance with the order of precedence set forth in Section 4.

19.5 Contact. Questions about these Terms, legal notices, or inquiries regarding this Agreement may be directed to:

Titan Hills Holding LLC
Titan Cloud Services Division
971 US Highway 202N, Ste R
Branchburg, NJ 08876
United States
Email: [email protected]