TERMS OF USE

1. ACCEPTANCE OF TERMS

Aalto, Inc., dba Titus (“Titus”, “we”, “our” or “us”) provides technology-enabled services, including the Software as a Service offering branded as “Titus” or “Titus CLOC”, the website at https://www.gotitus.com, any Mobile Apps (as defined below), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Services”). Your use of the Services is subject to and governed by the terms and conditions in this Terms of Use (this “TOU”). Titus may, at its discretion, update this TOU at any time. You can access and review the most current version of this TOU at the URL for this page or by clicking on the “Terms of Use” link within the Services, or as otherwise made available by Titus.

PLEASE REVIEW THIS TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOU AND TITUS’ ESIGN CONSENT, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOU, YOU MAY NOT ACCESS OR USE THE SERVICES.

THIS TOU REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOU, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOU, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOU; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.

2. SERVICES

(a) Nature of the Services. The Services offer functionality that allows real estate agents to refer their clients listing their homes for sale to apply for, and such individual homeowners to submit applications for a closed-end installment loan (a “CLOC”), the proceeds of which such homeowners can use to improve their property in preparation for its sale. CLOCs are provided by Titus and loan eligibility and terms are not guaranteed and are subject to credit approval and underwriting by Titus.

(b) Grant. Subject to and conditioned on your compliance with this TOU, Titus hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable right solely to use the Services as permitted herein. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Titus.

(c) Mobile apps. Titus may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOU. If any Mobile App is downloaded by you from the iTunes App Store, Windows Phone Store, Amazon Appstore, Google Play or any similar service (an “App Store”), your use of such Mobile App is further subject to your compliance in all material respects with the terms and conditions of the applicable usage rules set forth by such App Store. This TOU is between you and Titus only, and not with the proprietor of any App Store (a “Third Party Proprietor”), and no Third Party Proprietor is responsible for Mobile Apps and the contents thereof; however, any Third Party Proprietor and its subsidiaries are third-party beneficiaries of this TOU with respect to Mobile Apps.

(d) Trademarks. You may not use the Titus or Aalto, Inc. names, brands, trademarks, service marks or logos that Titus makes available on the Services, including without limitation “Titus” and “CLOC” (collectively, the “Marks”). Titus claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Titus. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Titus’s benefit.

(e) Account Information. In order to access certain features or resources of the Services, (i) an applicant must have been provided access by their real estate agent or broker, (ii) a copy of the applicant’s signed listing agreement must be provided to Titus by the real estate agent or broker, and (iii) the applicant may be asked to provide certain information and/or create an account through our online registration process. You represent and warrant to us that all information you provide through the Services is (A) true, accurate, current, and complete, and (B) accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account information or password), you should immediately notify Titus. You may be liable for the losses incurred by Titus or others due to any unauthorized use of your account. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this TOU.

3. PRIVACY POLICY

In addition to this TOU, the Titus Privacy Policy at https://www.gotitus.com/privacy (“Privacy Policy”) applies to how Titus may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Titus may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Titus may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy, including without limitation, the provision of personally identifiable information by providers of the Verification Services to third parties as provided in the Privacy Policy. You hereby waive any and all claims against such Verification Services providers and each of their agents and employees for the acts and omissions of such providers with regard to the use and disclosure of such personally identifiable information. Furthermore, by accessing or using the Services, you consent and agree that Titus has the right to collect and use such personal data, whether provided by you, or provided by or for a third party (including a real estate salesperson or broker) who may also use or have access to the Services.

4. PROPRIETARY RIGHTS

(a) You grant Titus and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.

(b) The Services provided to you hereunder or available to you through the Services are licensed, not sold, and Titus retains and reserves all rights not expressly granted in this TOU. You acknowledge and agree that, as between you and Titus, Titus and its licensors owns all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. Titus reserves all rights not expressly granted to you in this TOU.

(c) You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Titus immediately of any unauthorized use of your account or password or any other similar breach of security. If your account remains inactive for three months or longer, Titus reserves the right to suspend or terminate your account, with or without notice to you, and delete your content all without liability.

5. USER CONDUCT

(a) In your use of the Services, you will not:

• (i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOU;
• (ii) submit any false or fraudulent information through the Services or otherwise use the Services for false or fraudulent purposes;
• (iii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;
• (iv) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
• (v) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links“ to the Services or “frame“ or “mirror“ the Services on any other server, or wireless or Internet-based device;
• (vi) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services;
• (vii) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
• (viii) remove or obscure any proprietary notice that appears within the Services;
• (ix) impersonate any person or entity, including Titus personnel, or falsely state or otherwise misrepresent your affiliation with Titus, or any other entity or person;
• (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
• (xi) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or
• (xii) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services.

(b) You will not upload, post, email, store, transmit, or otherwise make available any content that:

• (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another‘s privacy, hateful, or otherwise objectionable;
• (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
• (iii) infringes, misappropriates or otherwise violates any patent, trademark, trade secret, copyright, other proprietary right or right of privacy of any party;
• (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
• (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
• (vi) contains infringing, libelous, or otherwise unlawful or tortious material; or
• (vii) consists of information that you know or have reason to know is false or inaccurate.

(c) Titus’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOU by Titus, and does not create a private right of action for any other party.

(d) Titus’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this Agreement by Titus, and does not create a private right of action for any other party. Furthermore, Titus reserves the right to edit or remove any content without notice to you, including without limitation any listing information or content that we determine in our sole discretion: (A) violates this Section 5 or any third party rights; (B) violates the Digital Millennium Copyright Act of 1998; (C) results in the publication of any material that we deem inappropriate; or (D) results in the publication of any content that violates the Fair Housing Act and any other applicable fair housing laws or regulations.

6. FEEDBACK

If you elect to provide or make available to Titus any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), Titus shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

7. VERIFICATION SERVICES; BANK SERVICES AND DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

• (a) Authorizations. By applying for a CLOC through the Services and requesting a credit report, identity verification, income verification, or any other verification services via the Services (collectively, the “Verification Services”), you are authorizing, directing and providing “written instructions” (as applicable), to (i) Titus to share with the third-party providers of the Verification Services your personal and financial information necessary in order to enable such providers to provide the Verification Services (which may include without limitation, your Social Security Number), and (ii) the third-party providers of the Verification Services, and each of their employees, agents, subsidiaries, affiliates, contractors, and third party data providers, and all other credit reporting agencies under the Fair Credit Reporting Act (as amended, “FCRA”), to access, transfer, store and process your personal and financial information in order to provide the Verification Services, including without limitation: (A) obtaining your credit files from each national credit reporting agency and exchanging information about you with each such national credit reporting agency in order to verify your identity and to provide the Services to you; and (B) otherwise obtaining reports about you which may include information about your address history, name and alias, character, your mode of living, your credit history and standing, and criminal records (“Consumer Reports”).

• (b) Verification Services Providers. The following terms and conditions shall apply to any use of the Verification Services (the “Verification Services Terms”):

• i. Verification Services are provided by Credit Reporting Services, Inc. (“CRS”). If you use the Verification Services, you are consenting to a soft inquiry on your credit. Furthermore, (A) you agree to CRC’s Privacy Policy available at https://crscreditapi.com/privacy-policy/, and (B) you hereby acknowledge that CRS utilizes one or more consumer reporting agencies (including but not limited to Experian, Equifax and TransUnion) to generate Consumer Reports and you hereby agree to the TransUnion Consumer Agreement Terms available athttps://drive.google.com/file/d/1lqplntc7p5z1G-nV-VYkwWPqAIRciKGJ/view, the Experian Connect Terms and Conditions, available at https://connect.experian.com/legal/terms.html, the Equifax Terms of Use available at https://www.equifax.com/terms/, and any other terms applicable to your use of a consumer reporting agency’s services in connection with the Verification Services as communicated by Titus from time to time.

• ii. To dispute the contents of any of the Verification Services, you must contact the appropriate consumer reporting agency or other third-party provider that issued the relevant Consumer Report.

• (c) Intended Purpose. By utilizing the Verification Services, you certify that you are utilizing such Verification Services for the purposes of furnishing the relevant reports in connection with the applicable loan application and for no other purpose. In connection with such Verification Services, we are not responsible for any part of the Verification Services, and do not guarantee any acceptance of any application.

• (d) Loan Agreement. If you apply for a CLOC through the Services and your application is accepted, you will be required to enter into additional agreements with Titus or its third party lender, if applicable for the CLOC, including without limitation a loan agreement.

• (e) Information You Will Need to Provide. When you apply for a CLOC or otherwise create an account on the Services, we are required to collect information such as the following from you:

  • i. Your name
  • ii. Date of birth
  • iii. Address
  • iv. Social Security Number
  • v. You may also need to show your driver‘s license or other identifying documents
  • vi. Because we are establishing an account relationship with you remotely, we may ask you to provide additional information or use additional tools to help us verify your identity and documentation. You understand that if we cannot verify your identity to our satisfaction, in our sole discretion, we will not be able to establish an account with you or provide you the Services.

• (f) If Your Identity Cannot Be Verified. We may not be able to open an account for you. In the event we have accepted any funds from you in connection with an account application or otherwise, you will be responsible for providing us a mailing address or other means acceptable to us whereby payment of any refund can be sent.

• (g) Advertisers and Other Third Parties. The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that such terms and policies are solely between you and the advertiser or other third party. You agree that Titus does not endorse and is not responsible or liable for any issues related to Third Party Services.

8. NO BROKERAGE RELATIONSHIP OR ADVICE

The Services are offered as a facilitation service only; we are not acting as a broker, property manager, insurance agency, payment processor, legal advisor, money transmitter, payment manager, or credit reporting agency, and the Services do not (and are not intended at any time to) provide any financial, credit repair, legal or real estate advice to you. Without limiting the foregoing, we (a) do not counsel parties to, or participate in, any real estate sale, (b) are not a party to any sale agreement, (c) do not guarantee any property or sale, (d) do not collect or process payments in connection with any sale of any real estate, (e) do not negotiate or execute any sales documentation or contracts, and (f) do not show properties to prospective buyers. You acknowledge that if you elect to use the Services, we do not represent you in any capacity in any transaction, or in the purchase, sale or exchange of real property, including in any negotiations relating thereto. You are strongly encouraged to obtain assistance from a licensed real estate professional and attorney in connection with the negotiation and completion of any transaction. Titus does not independently verify any real estate agent or broker, verify any of the information provided to the Services, or perform the Verification Services. Furthermore, Titus does not guarantee any results from any Verification Services or the Services.

9. PERMISSION FOR TEXT MESSAGING/ALERTS, PUSH NOTIFICATIONS AND E-MAIL

You grant Titus your express written consent to receive autodialed and prerecorded message calls, text messages or push notification alerts from Titus, or third-party service providers acting on Titus’ behalf, at any mobile telephone number you provide to Titus, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express written permission applies to messages and alerts regarding the Services. By providing your email address to Titus, you agree that Titus or third-party service providers acting on Titus’ behalf, may e-mail account registration information, Services use information with regard to the Services, customer service, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing the Services to you regardless of your registration of your email address on any state or federal “do not email” registry.

10. INDEMNIFICATION

You shall indemnify and hold Titus and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Titus Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to the extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to Titus; (b) your violation of this TOU or any other terms or agreements applicable to your use of the Services, any law or regulation, or any rights (including intellectual property or privacy rights) of another party; (c) your use of the Services or any loan proceeds; or (d) any disputes or issues between you and any third party, including without limitation any real estate agent, broker or buyer, or any third party vendors, suppliers or contractors.

11. DISCLAIMER OF WARRANTIES

• (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TITUS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• (b) THE TITUS PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

• (c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.

• (d) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).

12. LIMITATION OF LIABILITY

• (a) THE TITUS PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE TITUS PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE TITUS PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOU OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO TITUS FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE, OR (ii) ONE THOUSAND DOLLARS ($1,000.00).

• (b) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. SUSPENSION AND TERMINATION

• (a) Either party may terminate this TOU at any time

• (b) If you violate this TOU, Titus may, with or without notice to you, immediately suspend or terminate your access and use of the Services.

• (c) Titus reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Titus shall not be liable to you or any third party for any such modification or discontinuance.

• (d) Upon termination of this TOU for any reason: (i) Titus, in its sole discretion, may remove and discard your content and information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOU shall survive such expiration or termination. Further, you agree that that Titus shall not be liable to you or any third party for any termination of your account or access to the Services.

14. GOVERNING LAW

This TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Delaware, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOU, regardless of the states in which the parties do business or are incorporated.

15. BINDING ARBITRATION AND CLASS ACTION WAVER

• (a) ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOU AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

• (b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in San Francisco, California or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

• (c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SAN FRANCISCO, CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

• (d) Notwithstanding anything to the contrary, you and Titus may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 15.

• (e) If Titus implements any material change to this Section 15, such change shall not apply to any Claim for which you provided written notice to Titus before the implementation of the change.

16. LEGAL COMPLIANCE

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where any product or service is delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

17. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Titus’ Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Titus’ Agent for Notice of Copyright Claims. Titus’ Agent for Notice of Copyright Claims can be reached as follows:

Titus Agent for Notice of Copyright claims
548 Market St PMB 69980
San Francisco, California 94104
Phone number: 1 (415) 704-0767
Email: support@gotitus.com

18. CALIFORNIA USERS & RESIDENTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. GENERAL PROVISIONS

This TOU (together with (i) any loan agreement or other account documentation we may enter into with you if you are approved as a borrower, and (ii) any other agreement or terms we may enter into with you if you are an approved real estate agent or broker) constitutes the entire agreement between you and Titus concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Titus with respect to such subject matter. In the event of any conflict between or among this TOU and any end user license agreement, privacy policy or usage guidelines to which this TOU refers, the terms and conditions of this TOU shall take precedence and govern. This TOU may not be amended by you except in a writing executed by you and an authorized representative of Titus. Except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this TOU. For the purposes of this TOU, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOU without the prior written consent of Titus. The failure of Titus to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOU. Any prevention of or delay in performance by Titus hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.