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Introduction

Scope: These Terms of Use (referred to as the “Terms”) govern the usage of all websites and mobile applications that are operated by Titans Investments LLC, doing business as Titan (“Titan,” “we,” or “us”). These Terms also apply to the use of any investment advisory services provided by Titan through its Platforms (collectively referred to as the “Service”). By accessing or using the Service or any of our Platforms, you agree to be bound by these Terms. It is important to read these Terms, including our Privacy Policy (available at www.titansclubnet.com/privacy-policy), before using the Service or accessing any of our Platforms.

Updates to the Terms: We may update or amend these Terms without prior notice by posting a revised version in the footer of our website at www.titansclubnet.com. Any changes will take effect prospectively from the date indicated when the updated Terms are posted. It is your responsibility to regularly review these Terms for any updates or amendments. If you disagree with any changes, you must discontinue using the Service and our Platforms.

NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER

To the fullest extent permitted by law, any dispute or claim arising from these Terms or related to your access to or use of the Service or any of our Platforms must be resolved through individual arbitration. Class action arbitration or any other form of collective arbitration is not allowed. Please refer to Section 16 below for more details.

Content and Licenses

Content: All information, data, materials, text, graphics, images, and other content available through the Service and/or any of our Platforms (referred to as the “Content”) are the property of Titan, our suppliers, or licensors. Unless expressly provided otherwise, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, transmit, or distribute any of the Content for public or commercial purposes without our explicit written consent.

Conditional Licenses: We grant you a personal, non-exclusive, non-transferable, non-sublicensable license to access and use any publicly available portions of our Platforms and the Content within them, solely for lawful purposes and subject to your compliance with these Terms. If you create an account by completing the registration process (refer to Section 5 below), we also grant you a personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Service, our Platforms, and all Content, solely for lawful purposes and subject to your compliance with these Terms. By accessing or using the Service or any of our Platforms in any manner, you acknowledge and agree to these Terms. If you disagree with these Terms at any time, you may not continue using the Service, our Platforms, or the Content.

Modifications to the Service or Our Platforms

Modifications: We retain the right to modify or discontinue the Service or any of our Platforms, either in part or in full, at our discretion and without providing prior notice to you.

Errors: The Content provided may contain typographical errors or other inaccuracies, deficiencies, or omissions, and it may not always be complete, accurate, or up to date. We reserve the right to rectify any such errors, deficiencies, omissions, or inaccuracies in the Content or on any of our Platforms at any time. However, we do not guarantee that all errors, deficiencies, omissions, or inaccuracies will be corrected.

Linked Websites and Apps

Third-Party Sites: Our Platforms may include links to websites or applications maintained by third parties (referred to as “Third-Party Sites”). If you choose to visit any Third-Party Site, you will be subject to the terms and conditions, privacy policy, and other policies of that specific site. Additionally, you will need to comply with any applicable local laws, including obligations related to security, copyright, defamation, decency, secrecy, privacy, or export laws associated with accessing or using the Third-Party Site and its content.

Content of Third-Party Sites: All hyperlinks provided on our Platforms to Third-Party Sites are presented “AS IS,” and Titan does not necessarily endorse, edit, or sponsor the content found on those websites. You acknowledge and agree that Titan is not responsible for any content, products, services, advertising, information, availability, or use of information or other content offered on any Third-Party Site. Titan shall not be held directly or indirectly liable for any losses or damages arising from the creation or use of any Third-Party Site or from accessing any information or content through such sites.

Modifications: We retain the right to add, modify, remove, or decline features or links to Third-Party Sites on our Platforms without prior notice. We may also introduce different features, functionality, or links to different users of our Platforms.

Terms Of Service

Applicability: The terms and conditions outlined in this Section 5 are specifically applicable to users of the Service.

Registration: In order to use the Service, you are required to create an account (“Account”) by completing the registration process on our Titan application. During this registration process, you will be required to enter into various agreements listed in Section 5.4 (“Client Agreement”). If any provision within a Client Agreement conflicts with any provision of these Terms, the Client Agreement will take precedence. To register for the Service, you must establish a login ID and password, and provide the requested information, which may include:

(a) Personal Information: Such as your first and last name, email address, mailing address, telephone number, date of birth, social security number, country of citizenship, employer name, employment status, and job position.

(b) Investment Preferences: Including information about your risk tolerance, investment objectives and experience, time horizon, liquidity needs, and similar details.

(c) Banking Relationship: Information about your existing banking relationship.

(d) Payment Card Information: If applicable, you will need to provide your payment card information.

You agree to provide accurate and complete information during the registration process and to keep us informed of any updates or changes to ensure the information remains accurate and complete. It is your responsibility to maintain the confidentiality of your login ID and password and not to share this information with anyone else.

Responsibility For Your Account

You are fully responsible for any authorized or unauthorized access to your account and any use of the Service by any individual. Additionally, you are responsible for all fees and charges associated with the Service that occur through your account. If you become aware of any unauthorized access or use of your account, it is your obligation to promptly notify us at info@titansclubnet.com. Until such notification is provided, you will be held accountable for any fees and charges incurred through your account. 

Investment Advisory Terms

Titan is a registered investment adviser with the U.S. Securities and Exchange Commission (SEC) (CRD # 290111/SEC#:801-112142) and provides the Service exclusively through its Platforms. As a user, you are responsible for regularly checking the Platforms, including the mobile application and website, for any communications from Titan. You also agree to electronically provide and update your client information through the Platforms. Please note that communications through the Platforms may involve the electronic transmission of personal financial information to the email address you have provided, and you consent to such transmission.

To access the Service through your Account, you must enter into the following agreements: (i) an Account management agreement with Titan, (ii) a securities brokerage agreement with Apex Clearing Corporation, an SEC registered broker-dealer that provides brokerage services to Titan, and (iii) a custody agreement with Apex Clearing Corporation, an SEC registered broker-dealer that provides custody, clearing, and settlement services for Apex and your Account. These Client Agreements, along with these Terms, govern your relationship with Titan regarding the Service received through your Account.

You will utilize Apex’s application program interface and our mobile application to access electronically stored copies of the Client Agreements and other documents and communications related to your Account. You agree not to object to or challenge the enforceability or use of these electronically stored copies of the Client Agreements.

Prior to entering into these Terms and the Client Agreements, you are required to read the disclosures provided in the Titan Wrap Fee Program disclosure, which outlines the discretionary investment advisory services sponsored by Titan (available at www.titansclubnet.com/legal). Additionally, you must carefully read the Client Agreements before agreeing to them (also available at www.titansclubnet.com/legal) since they have the same legal effect as signing a paper version of the agreements. Please be aware that the Client Agreements may be modified, and it is your responsibility to check the Platforms for any updates. By maintaining and using your Account, you agree to all the terms and conditions of these Terms and the Client Agreements, as modified from time to time.

Consent to Electronic Delivery

By providing your e-mail address to Titan, you agree to receive all necessary notices electronically at that e-mail address. It is your responsibility to keep your registered e-mail address with Titan up to date. If you become aware of any unauthorized use of your information, please notify Titan immediately. Additionally, by registering with Titan, you acknowledge and consent to the use of electronic signatures and documents instead of paper documents. You agree to the electronic delivery of all communications, including but not limited to account statements, trade confirmations, notices, disclosures, regulatory communications (such as prospectuses, proxy solicitations, and privacy notices), and other information, documents, data, and records regarding your account and the services provided by Titan. This electronic delivery will be facilitated by Titan. Your consent to electronic delivery is effective immediately and will remain in effect until either you or Titan revokes it. Please note that it may take up to three days to process a revocation of consent to electronic communications, and you may continue to receive electronic notifications during this interim period. You have the right to revoke or restrict your consent to electronic delivery of Titan communications at any time by notifying Titan. If you revoke or restrict your consent to electronic delivery, Titan may, at its discretion, charge a service fee for the delivery of communications that would otherwise be delivered electronically. Furthermore, Titan reserves the right to restrict your account or close your account and terminate your access to Titan’s services.

User Limitations and Prohibited Activities

As a user of the Service and our Platforms, you are required to adhere to the following limitations and agree not to engage in the following prohibited activities:

  1. Limitations on Use:

   – Comply with all these Terms, as well as applicable laws, rules, and regulations.

   – Provide us with truthful, complete, and accurate information.

  1. Prohibited Activities:

– Impersonate another person.

– Publish, distribute, modify, transmit, display, or create derivative works from the Content without proper authorization.

– Send, email, transmit, or transfer material or information that infringes upon the rights of any third party, including copyrights, trademarks, privacy, or other personal or proprietary rights.

– Send, email, transmit, or transfer unlawful, violent, graphic, obscene, deceptive, offensive, abusive, sexually explicit, harmful, dangerous, self-injurious, or threatening material or information, or any content that is objectionable.

– Send, email, transmit, or transfer material containing viruses or any other destructive elements that may interfere with the operation of computer systems, hardware, or software.

– Attempt to decompile, disassemble, reverse engineer, or reconstruct any source code, algorithms, file formats, or programming associated with the Service or our Platforms.

– Probe, scan, test the vulnerability, or breach any security measures or policies of the Service, our Platforms, or underlying systems without proper authorization.

– Access the Service or our Platforms using data extraction, mining, scraping, or other data gathering tools without our written consent, or collect/scrape any Content without our permission.

– Intercept or access information transmitted to or from Titan that is not intended for you.

– Violate any applicable laws, rules, regulations, or policies, procedures, and requirements disclosed by us in connection with the Service or our Platforms.

– Obtain a license to the source code of the Service or our Platforms, as your license is limited to the authorized usage of the provided software.

Please Note that these limitations and prohibited activities are in place to ensure the proper use of the Service and our Platforms and to protect the rights and security of all users.

Intellectual Property Rights

  1. Copyright:

   – The Service, our Platforms, and all Content are protected by copyright owned by Titan or licensed from applicable copyright owners.

   – You agree not to engage in the unauthorized use, copying, or distribution of the Service, Platforms, or Content, except as expressly permitted by these Terms or your Client Agreement.

   – If you download or print any Content, you must retain all copyright and other proprietary notices contained therein.

   – Reproduction, modification, creation of derivative works, or redistribution of the Service or any of our Platforms is expressly prohibited.

  1. Trademarks:

   – All trademarks, service marks, logos, and trade names on the Service and our Platforms, whether registered or unregistered, are proprietary to Titan or other applicable parties.

   – You may not reproduce, display, or use any such trademarks, service marks, logos, or trade names without the prior written consent of Titan or the appropriate owner.

   – Design rights, compilation rights, and other intellectual property rights related to the Service and our Platforms, whether registered or unregistered, are owned exclusively by Titan or our licensors.

  1. Restrictions:

   – Renting, leasing, loaning, selling, distributing, or creating derivative works of the Service, our Platforms, or Content is strictly prohibited.

   – Commercial use of the Service, our Platforms, and/or the Content is prohibited, except as allowed under these Terms, your Client Agreement, or with prior written approval from Titan.

  1. Reservation of Rights:

   – All rights not expressly granted to you in these Terms or your Client Agreement are reserved by Titan.

These provisions are in place to protect the intellectual property rights of Titan and other applicable parties. You are required to respect and adhere to these rights when using the Service and our Platforms.

Copyright Claims

If you believe that any material on our Platforms infringes upon your copyright, you can file a notification of infringement with our Designated Copyright Agent by sending an email to info@titansclubnet.com. Please include the following information in your notification:

  1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
  2. A description of the copyrighted work that you claim has been infringed upon.
  3. Information about the location of the infringing material on our Platform.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Privacy

We collect information about you through our Platforms, and by using the Service or any of our Platforms, you consent to the collection, processing, and storage of your personal information as described in our Privacy Policy, which can be found at www.titansclubnet.com/privacypolicy. Our Privacy Policy is incorporated into and forms a part of these Terms.

Automated Calls, Pre-Recorded Voice Messages, and SMS/Text Messaging:

By using the Service or any of our Platforms, you may receive calls and/or SMS text messages from us regarding account-related news, alerts, and promotional and marketing offers for products and services offered by Titan and its affiliates. You agree to receive such calls and text messages from Titan, and you confirm that the phone number you provided is correct and that you are authorized to receive calls and text messages on that number. Please note that the calls and text messages may be sent using an automatic telephone dialing system, may include pre-recorded voice messages, and standard message and data rates may apply. It is important to understand that your consent to receive calls and text messages for promotional purposes is not required as a condition of purchasing or using the Services or Platforms.

To unsubscribe from receiving promotional text messages at any time, you can reply STOP, END, or QUIT to any text message you receive from Titan. For unsubscribing from promotional calls, you can contact us at info@titansclubnet.com. After making a request to unsubscribe, you may receive one final text message from Titan confirming your request. Please note that unsubscribing from promotional and/or account-related calls or texts will not prevent Titan from sending you text messages or calling you for transactional, security, and/or authentication purposes.

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