SMS/Mobile Terms and Conditions
TITAN AMERICA LLC SMS/Mobile TERMS AND
CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)
IMPORTANT! PLEASE READ THESE TITAN AMERICA LLC SMS TERMS
AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR, OR CONSENTING TO USE OR RECEIVE
MESSAGES FROM, TITAN AMERICA LLC’S (“TITAN ” OR “WE” OR “US”) TEXT MESSAGING
PROGRAMS. BY CONSENTING TO RECEIVE NOTICES FROM TITAN’S TEXT MESSAGING
PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TITAN AMERICA LLC SMS
TERMS AND CONDITIONS.
By
signing up for, or consenting to receive messages from, this text messaging
program, you expressly consent to receive non-marketing text messages from
Titan and others texting on its behalf, at the telephone number(s) that you
provide to Titan and its subsidiaries. You may opt-out of these
communications at any time. Consent to receive text messages is not a condition
of any purchase.
Program Description
Text
messages to Employees: Titan text
messages are intended to provide you with company-related announcements if
you are an employee of Titan or one of its subsidiaries.
Text
messages to Customers: Titan text messages are intended to provide you with
information that you have requested from Us, such as transaction-related
information, including notifications regarding your Titan product order and
delivery updates. Twilio
Inc. (“Twilio”) is a third- party service provider that sends and receives text
messages on Titan’s behalf regarding product orders and delivery updates. By
participating in this Titan text message program, you agree to be bound by
Twilio’s Terms of Service, which is located here: https://www.twilio.com/legal/tos and Twilio’s
Privacy Notice, which is located here: https://www.twilio.com/legal/privacy.
Message Frequency
The
number and frequency of Titan text messages you receive will vary
depending on which text program you participate in. For commercial updates, you may receive up
to six automated messages per order/delivery. Employment-related text message
programs may continue for the length of employment, unless you opt-out of
receiving such messages.
Cost
Message
and data rates may apply to each text message sent or received in connection
with Titan text messages, as provided in your mobile telephone service rate
plan, in addition to any applicable roaming charges. Titan does not impose
a separate fee for sending Titan text messages; however, you are
responsible for any fees imposed by your mobile carrier.
How to Opt-In
To
opt-in to receive Titan text messages related to an order, please confirm with
the customer service representative when you place an order for Titan product
that you wish to receive such messages. You will be asked to reply in the
affirmative to the customer service representative’s question “Do you agree to
receive automated text alerts regarding order activity?”. You will then
receive a text message from Titan which will ask you to confirm by responding
in the affirmative to the text.
Titan
employees will be provided with information regarding our employment-related
text message program during their onboarding process. Employment-related text messages sent by
Titan will generally be informational in nature or for emergency purposes.
How to Opt-Out
To stop
receiving text messages from Titan, text STOP in response to the number from
which you no longer wish to receive messages (i.e., the five-digit number from
which its text messages are being sent). You may then receive one (1)
final message from Titan confirming your opt-out of that text messaging
program. Following such confirmation message, no additional text messages
associated with that program will be sent to you unless you re-activate your
subscription.
Your Mobile Telephone Number
You
represent that you are the account holder for the mobile telephone number(s)
that you enroll. You are responsible for notifying Titan immediately if you
change your mobile telephone number, by contacting your customer sales
representative if you are a Titan customer, or your Human Resources
representative if you are a Titan employee.
You
agree to indemnify Titan in full for all claims, expenses, and damages related
to your failure to notify Titan if you change your telephone number including,
but not limited to, all those related to or arising under the Telephone
Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
Your
receipt of our text messages is subject to the terms and conditions of your
agreement(s) with your mobile carrier.
Delivery
of text messages to your mobile device may fail due to a variety of circumstances
or conditions. Network services, including but not limited to mobile
network services, are outside of Titan’s control, and Titan is not responsible
or liable for issues arising from such network services (e.g., delayed or
undelivered messages or the security of any messages).
Supported Carriers
Supported
carriers may change from time to time, but currently include AT&T,
Sprint, Boost, Virgin, T-Mobile, MetroPCS, Verizon Wireless, among
others.
Support/Help
To
request more information related to product orders or deliveries, text HELP to the
number from which the text messages are being sent. You may also receive help by contacting
your customer sales representative if you are a Titan customer. Contact information for Titan locations can
be found on our website at https://www.titanamerica.com/our_company/locations/
Titan
employees may contact Titan Corporate Communications at communications@titanamerica.com for additional help/support.
Eligibility
To
receive Titan text messages, you must be a resident of the United States and 18
years of age or older. Titan reserves the right to require you to prove
that you are at least 18 years of age.
Changes to Terms and Conditions
Titan
may revise, modify, or amend these Titan America LLC SMS/Mobile Terms and
Conditions at any time. Any such revision, modification, or amendment
shall take effect when it is posted to Titan’s website at https://www.titanamerica.com/legal_information/. You agree to
review these Titan America LLC SMS/Mobile Terms and Conditions periodically to
ensure that you are aware of any changes. Your continued consent to
receive Titan text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may
suspend or terminate your receipt of Titan text messages if we believe you are
in breach of these Titan America LLC SMS/Mobile Terms and Conditions.
Your receipt of Titan text messages is also subject to termination in the event
that your mobile telephone service terminates or lapses. Titan reserves
the right to modify or discontinue, temporarily or permanently, all or any part
of Titan text messages, with or without notice.
Privacy
Your
privacy is important to us.
Please see https://www.titanamerica.com/legal_information/privacy_policy/ to review our privacy
statement.
Limitation of Liability
To the
fullest extent permissible pursuant to applicable law, Titan will not be responsible
nor liable for any damages of any nature, including without limitation any
incidental, special, indirect, liquidated or consequential damages (such as
lost profits or lost business opportunities), punitive damages or attorney’s
fees.
Applicable Law
Except
as otherwise provided herein, your use of this service under this agreement is
governed by the laws of the Commonwealth of Virginia.
Severability
If any
term of these Titan America LLC Terms and Conditions is to any extent illegal,
otherwise invalid, or incapable of being enforced, such term shall be excluded
to the extent of such invalidity or unenforceability; all other terms hereof
shall remain in full force and effect; and, to the extent permitted and
possible, the invalid or unenforceable term shall be deemed replaced by a term
that is valid and enforceable and that comes closest to expressing the
intention of such invalid or unenforceable term. If application of this
severability provision should materially and adversely affect the economic
substance of the transactions contemplated hereby, the party adversely impacted
shall be entitled to compensation for such adverse impact, provided the reason
for the invalidity or unenforceability of a term is not due to serious
misconduct by the party seeking such compensation.