Terms & Conditions

Terms & Conditions

Effective Date of Current Policy: December 1, 2018

The use of the Noble Titan website (www.nobletitan.com) is subject to the following terms and conditions (the "Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND Noble Titan.  BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS ANY OTHER TERMS, GUIDELINES OR RULES THAT APPLY TO ANY PORTION OF THIS SITE, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION OR PRODUCTS OBTAINABLE OR ACCESSIBLE THROUGH THE SITE. If you have any questions about the Terms of Use, please contact us at  info@nobletitan.com

1. PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.  Our Privacy Policy is hereby incorporated into these Terms of Use by reference.

2. ELECTRONIC COMMUNICATIONS

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

3. COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of Noble Titan, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Noble Titan or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Noble Titan and is protected by United States and international copyright laws. Any unauthorized use of any content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. No materials or content provided on or through this Site may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner of such materials or content.  To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@nobletitan.com

4. TRADEMARKS

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Noble Titan, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Noble Titan, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

5. LIMITED LICENSE AND SITE ACCESS

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to, and you agree not to, do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read, including by using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site; (e) upload or otherwise transmit to or through the Site any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to the Site or computers of any kind; (f) gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site; (g) reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service or content obtained through the Service, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without our express written consent: (1) copying, caching, recording, compiling, or reformatting any information obtained from the Site for commercial purposes in any fashion whatsoever, (2) framing, embedding and/or passing off information obtained from the Site in such a manner as to present the information as originating from a source other than the Site, or (3) using any trademarks, service marks, design marks, logos, photographs or other content belonging to us obtained from the Site; or (h) assist or permit any persons in engaging in any of the activities described above.  There are no implied licenses granted in this Agreement.

6. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Noble Titan is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Noble Titan.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password.  You acknowledge and agree that Noble Titan in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Noble Titan cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

7. CONTENT YOU MAY SUBMIT TO Noble Titan

From time to time Noble Titan may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities (collectively, “Communications Facilities”). In such instances, Noble Titan welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Noble Titan must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Noble Titan will become, upon your submission, the sole and exclusive property of Noble Titan and Noble Titan shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Noble Titan has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Noble Titan. By submitting any materials of any kind to Noble Titan, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Noble Titan does not and will not violate or infringe the rights of any third-parties.

8. DISCOUNT CODES / PROMO CODES

Discount codes (also referred to as promo codes or promotional codes) have no cash value and cannot be redeemed for cash, and cannot be combined with any other offers. Limit one discount code per order. Discount codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain discount codes may have their own redemption period as specified in connection with the discount code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Discount codes are void where prohibited, taxed or restricted. Noble Titan reserves the right to change or limit discount codes in its sole discretion.

9. CHILDREN

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.

10. DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOBLE TITAN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY MACK WELDON OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, NOBLE TITAN DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOBLE TITAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR NOBLE TITAN SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE; OR (VI) USE OF ANY MERCHANDISE MADE AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOBLE TITAN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NOBLE TITAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; (3) ANY ALLEGATIONS, DAMAGES OR CLAIMS RELATING TO ANY OF YOUR POSTINGS OR COMMUNICATIONS IN ANY FORUMS OR FACILITIES ON THE SITE, OR FOR INFRINGEMENT OR VIOLATION OF ANY THIRD-PARTY RIGHTS.

13. GOVERNING LAW

These Terms of Use and the relationship between you and NOBLE TITAN shall be governed by the laws of the State of New York as if you signed these Terms of Use in New York. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

14. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between the user and NOBLE TITAN with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserve

 

Effective DEC 1, 2018

This Privacy Policy describes how NOBLE TITAN  (“Noble Titan” or “we” or “us”) collects, shares, and otherwise treats the information that we collect through our website located at www.nobletitan.com (the “Site”) and how we use that information. This Privacy Policy does not apply to any information that we collect by other means.  

This Privacy Policy applies to the services and products offered by Noble Titan, as well as any other applications, content or features that we may from time to time offer on our website.

Please read this privacy policy carefully and review it often because it may change.  By using this website, establishing an account, or accepting the Terms of Use, you agree to this Privacy Policy.

 

1. THE TYPES OF INFORMATION THAT WE COLLECT

We collect two types of information from visitors to our website: personal data and non-personal data.  Personal data includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.

If you purchase our products or services, we request certain personal data from you on our order form so that we can fulfill those purchases of products or services from our website. This includes information such as:

  • your name
  • email address
  • shipping address
  • financial information, such as a credit card number and its expiration date

We use the personal data that we collect for billing purposes and to fill your orders. If we have trouble processing an order, we also will use this information to contact you.  If you choose to establish an account and become a registered user of the Site, we may collect personal data about you including:

  • your name
  • email address
  • birth date
  • gender
  • shipping address
  • billing addresses
  • financial information, such as a credit card number and its expiration date, to facilitate future purchases you might make.

In addition, if you contact us by email through our website, we may keep a record of your contact information and correspondence.

You have a right to access information held about you, which can be exercised in accordance with various legal requirements, including those under PIPEDA.  If at any time you would like to change your personal data, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at privacy@nobletitan.com. Alternatively, if you receive materials from us by email you can make use of the "unsubscribe" provision in our communications so that we know that you no longer wish to receive any materials from us.

Like most websites, our website may incorporate “pixel tags”, “web beacons”, or similar tracking technologies and “cookies” that allow us to track the actions of visitors of our website. Pixel tags and cookies are used to collect non-personal data, such as the name of your internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our website, the website address, if any, from which you linked directly to our website, the website address, if any, to which you travel from our website, your home page customization preferences, a general geographic location (such as country and city) from which you accessed our website, and other similar traffic-related information. We may aggregate your information with similar data collected from other visitors to help us improve our website and the products, services, applications, content and features that we provide through our website. This information may be combined with other information about you, including personal data.

 

2. PURPOSES FOR COLLECTING THE INFORMATION WE GATHER

We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to our products and services.  With your consent via the establishment of an account, we may use your email address and any other personal data that you provide to us (such as demographic and transaction information) to respond to you and to send you marketing materials for our own products and services. You maintain the right to withdraw such consent at any time.

 

3. SHARING YOUR PERSONAL DATA

Your consent via the establishment of an account allows us to share your personal data with our third-party service providers that assist us with our marketing efforts and with other marketers whose products or services we feel may be of interest to you. If you prefer that we do not share your name and address with other marketers, please opt-out by contacting us at privacy@nobletitan.com to let us know.

We also reserve the right to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain services for us, including order fulfillment and website-related services such as web hosting, to improve website-related services and features, to perform maintenance services, and to distribute advertisements and other marketing materials on our behalf. We also reserve the right to disclose any personal data that we collect to any third party if we believe that we are required to do so for any or all of the following reasons: (i) to comply with the law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of our website or our network; and/or (iv) to protect the rights, property, safety and security of Mack Weldon and its employees, our website visitors, and/or the public.

 

4. ANONYMOUS DATA

When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.

We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies.  We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this anonymous data to analyses usage patterns in order to make improvements to our services.

 

5. WE ARE COMMITTED TO MAKING SURE YOUR INFORMATION IS PROTECTED

Our physical, electronic, and procedural safeguards meet or exceed current federal standards regarding the protection of customer information. We also require contractors and outside companies who work with us to adhere to strict privacy standards through their contracts with us. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. Consequently, while we use commercially reasonable efforts to protect your personal data, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the website. Any information that you provide to us is done so entirely at your own risk.

 

6. INTERNATIONAL VISITORS 

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.  Your personal data may be transferred for processing and storage by Mack Weldon and our affiliates and third parties. By providing your personal data you consent to any transfer and processing in accordance with this Privacy Policy.

 

7. RETENTION

We will only retain your personal data as long reasonably required for you to use our site and provide you with our services unless a longer retention period is required or permitted by law (for example for regulatory purposes).

 

8. WE RESERVE THE RIGHT TO UPDATE AND REVISE THIS PRIVACY POLICY AT ANY TIME

From time to time we review this Privacy Policy to ensure that it complies with applicable law. Consequently, we reserve the right to update and revise this Privacy Policy at any time. You will know if this Privacy Policy has been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time, and you should, therefore, review this Privacy Policy regularly to ensure that you are aware of its terms.

 

9. IN THE EVENT WE ENGAGE IN A BUSINESS COMBINATION, WE RESERVE THE RIGHT TO TRANSFER ANY INFORMATION THAT WE COLLECT THROUGH OUR WEBSITE

If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.

 

10. OUR WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES

Please be aware that we are not and cannot be responsible for the privacy practices of any websites that you access through our website and that this Privacy Policy applies solely to the information which we collect through our website. We encourage you to ensure that you read the privacy statements of all the destination websites that you visit.