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Terms of Use

Last Updated: June 30, 2026

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING OUR SERVICES.

THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS OF USE CAREFULLY.

1. Acknowledgement and Acceptance

These Website Terms of Use (the “Terms of Use”, “Terms”, or “Agreement”) are a binding agreement between you (“User”, “you”, or “your”) and Titan Utility Services and its subsidiaries, divisions, and affiliates (collectively the “Titan Utility”, “we”, “us”, or “our”) governing your access and use of  the online functions, products, and services made available to you by Titan Utility and any and all of its subsidiaries, divisions, and affiliates through Titan Utility’s website located at https://titanutility.net or any other websites or mobile applications owned, controlled, or licensed by Titan Utility and its subsidiaries and affiliates where these Terms of Use are linked (collectively referred to as the “Site”).  The Site also includes any information, functionality, services, updates, or solutions made available through the access or use of such websites or mobile applications (the “Services”).  Certain products or services may have additional disclosures, agreements or terms and conditions, which shall govern and control in the event of any inconsistency with these Terms.

These Terms apply to all Users who use the Site in any capacity.  The Site is intended for individuals who are at least 18 years old.  If you are under the age of 18, please do not access this Site.    

BY CLICKING “I AGREE” (OR SIMILAR BUTTON) TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU AND/OR BY USING OR ACCESSING THE SITE YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE; (2) REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (3) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS, DOWNLOAD, REGISTER, OR USE THE SITE OR ANY OF OUR SERVICES.

2. Consent to Collect Technical Data

We may collect technical information and use certain technologies, including pixel technology, to collect and analyze technical data relating to the provision, use and performance of the Site and related systems.  This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Site, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Site including the full Uniform Resource Locators (URL), clickstream to, through and from our Site, including the date and time.  This technical data may also include your unique device identifier, domain server, Internet Service Provider (ISP), the referring web page, access time, cookies, and data about which pages you visit.

By visiting and using the Site, you hereby consent to and agree to the pixel technologies and/or other software, our collection of this data by us and that we will be free (during and after the term hereof) to (i) use such data to improve and enhance the Site and for other development, diagnostic, and corrective purposes in connection with the Site and our Services; (ii) disclose such data in aggregated or de-identified form in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.

3. Site Ownership and Intellectual Property Rights

The Site and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of Titan Utility, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  You acknowledge and agree that you do not acquire any ownership rights to the Site, or any Services offered through the Site, through this Agreement or by use of the Site.  You acknowledge and agree that Titan Utility has and retains exclusive and valid ownership of all anonymized statistical information regarding use of the Site.  You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Site without the prior written approval of Titan Utility.

Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of us. All other products, names, and company logos mentioned on the Site are trademarks of their respective owners.

You may suggest improvements and/or communicate to Titan Utility ideas, feedback, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly with us.  Such Ideas may include ideas for new or improved products, services, concepts, know-how, and/or techniques.  You agree that any such Idea shall be and remain solely the property of Titan Utility and/or its licensors and may be used and sold, licensed, or otherwise provided by Titan Utility and/or its licensors to third parties, or published or otherwise publicly disclosed, in Titan Utility’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you.  You hereby assign to Titan Utility any and all of your right, title, and interest in and to any such Ideas.

4. Usage Data, Your Data, Communications

In order for us to provide the Site, you grant to us a non-exclusive, transferable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered into the Site (“Data”) to the extent necessary for Titan Utility to: (1) provide the Site and our Services; (2) perform our obligations under this Agreement; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the Site and user engagement; (5) provide, monitor, correct, enhance, and improve the Site and perform services related thereto; (6) develop new products or services; and (7) accomplish other internal business purposes or as described in Titan Utility’s Privacy Policy.  

You also grant to Titan Utility a non-exclusive, transferable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that Titan Utility has and retains exclusive and valid ownership of all Deidentified Data. Titan Utility shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Site and related systems and technologies (“Usage Data”), and you acknowledge and agree that Titan Utility has and retains exclusive and valid ownership of all Usage Data. Titan Utility will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the Site and for other development, diagnostic and corrective purposes in connection with the Site and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.

5. User Conduct

You may use the Site only for lawful purposes and in accordance with these Terms and the Privacy Policy.  Transmitting, distributing, or storing any material that violates any applicable law, these Terms, or the Privacy Policy is prohibited. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of privacy or publicity rights, or otherwise objectionable.
  • To impersonate or attempt to impersonate Titan Utility, a Titan Utility employee, another user or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).
  • To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Titan Utility or users of the Site or expose them to liability.
  • To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.  Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
  • To post any content that violates the legal rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Privacy Policy and Agreement.
  • For competitive research or to send or post commercial communications.
  • To advertise or perform any commercial solicitation.
  • To violate any U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.

Additionally, you agree not to:

  • Directly, indirectly, alone, or with another party, (i) copy, download, disassemble, reverse engineer, or decompile the Site or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site; (ii) modify, create derivative works based upon, or translate the Site; (iii) transfer or otherwise grant any rights in the Site in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs, keystroke loggers, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to or associated with the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Screen scrape, monitor, mine, copy, or mirror the Site.
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Site without our express written consent.
  • Otherwise attempt to interfere with the proper working of the Site.

6. DISCLAIMER OF WARRANTIES

THE SITE, SERVICES, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.  TITAN UTILITY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.

WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT.  

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, TITAN UTILITY DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM.  TITAN UTILITY DOES NOT GUARANTEE THAT ITS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  IN SUCH INSTANCES, THE LIABILITY OF TITAN UTILITY AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL TITAN UTILITY, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER ANY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THIS SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF TITAN UTILITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU SPECIFICALLY PAID TO ACCESS THIS SITE OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TITAN UTILITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless Titan Utility and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your breach of the Privacy Policy and Agreement; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, (iii) any violation of applicable law by you; (iv) information or content that you submit, post, transmit or make available through our Site; (v) your use of the Site; (vi) any claim that content provided by you caused damage or loss to a third party, or (vii) any of your acts or omissions.  This defense and indemnification obligation will survive your use of the Site and any termination of the Privacy Policy and Agreement.

If you use the Site or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in our systems, you shall indemnify, defend, and hold harmless Titan Utility and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting Titan Utility’s rights or your obligations under any other provision of these Terms, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the costs and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customer service, or other remediation services, and any related cost. Titan Utility’s rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by Titan Utility of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through Titan Utility’s Site or systems.

9. Copyright Notices

If you believe that content you own has been copied or made accessible in a manner that violates your intellectual property rights, please notify us immediately.  You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (the “DMCA”). 

10. Site Content and Materials

The information on this Site is solely for informational purposes only. We use reasonable efforts to update the information on the Site and the content on the Site may be updated from time to time without notice.  It may not necessarily be complete or up-to-date at any given time.  We do not warrant the accuracy, completeness or usefulness of this information (including any product, service, description, photograph, or other information).  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. 

11. Third-Party Sites

These Terms are only applicable to the Site and do not apply to any third-party websites.  The Site may contain links to, and media and other content from, third-party websites.  These links are to external websites and third parties with which we have no relationship or control.  Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to the Site and which are to external, third-party websites. If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website.  You can check the URL to confirm that you have left the Site.  Titan Utility has no control over the content on such third-party websites. 

If you choose to link to a third-party website, Titan Utility cannot and does not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection or use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded links on the Site; and (iv) make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Titan Utility guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions.  If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website. 

12. Governing Law, Mediation, and Arbitration

The laws of the State of Louisiana (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to the Site, these Terms, and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.  

All disputes and controversies of every kind and nature between the parties to this Agreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms shall first be submitted to mediation pursuant to the procedure set forth in this paragraph.  You may demand such mediation in writing within thirty (30) days after the controversy arises.  The parties agree that the mediator shall be appointed locally from within 75 miles of Tickfaw, Louisiana.  The mediation shall be held in Tickfaw, Louisiana and concluded within thirty (30) days of the selection of the mediator.  The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation. Compliance with this mediation process is a condition precedent to initiating any court action or arbitration.

Subject to the mediation provision above, any controversy or claim arising out of or related to this Agreement, or any breach thereof, must be resolved by confidential binding arbitration in Tickfaw, Louisiana administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The arbitration proceeding will be conducted in English.  The parties further agree that the arbitration will be conducted by a single arbitrator agreed to by the parties or, if the parties are unable to proceed, by a single arbitrator selected by the AAA.  The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys’ fees and expenses, to the prevailing party.  The arbitration award shall be final and binding on the parties to this Agreement and the parties agree to be bound thereby and to act accordingly, and the parties hereby waive any right of appeal on the merits and/or any point of law.  

Notwithstanding the agreement to arbitrate, either party may seek from any court that may exercise jurisdiction over the parties and the subject matter of the lawsuit any provisional or equitable remedy (including, but not limited to an injunction) available under the laws of Tickfaw, Louisiana for the preservation or protection of its rights or interests pending the establishment of the arbitral tribunal or the ultimate determination of the merits of the controversy.   

The parties waive, to the fullest extent permitted by law, any objection that it may now or later have to (a) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in a court or arbitration setting in Tickfaw, Louisiana; and (b) any claim that any action or proceeding brought in any such court or arbitration has been brought in an inconvenient forum.  

If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties are entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

13. CLASS ACTION WAIVER

YOU AND TITAN UTILITY SERVICES ACKNOWLEDGE AND AGREE THAT YOU ARE EACH EXPRESSLY WAIVING THE RIGHT TO FILE A CLASS ACTION, PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR OTHERWISE SEEK RELIEF ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE OTHER.  YOU AND TITAN UTILITY SERVICES MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY.

14. JURISDICTION AND VENUE; WAIVER OF JURY TRIAL

To the extent a Dispute is not governed by the Arbitration provisions under these Terms, the parties hereby consent to and agree that any dispute shall be brought and determined exclusively in the appropriate state or federal courts in Tangipahoa Parish, Louisiana and in no other forum.  The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such court in the event applicable. However, in the event Titan Utility is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Titan Utility hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Titan Utility therein. 

To the extent a claim or dispute is not governed by the Arbitration clause of these Terms, Titan Utility and you each acknowledge and agree that you are each waiving the right to a trial by jury.

15. Waiver and Severability

No waiver by Titan Utility of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Titan Utility to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Force Majeure

Titan Utility shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Titan Utility and not due to Titan Utility’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies. 

17. Entire Agreement

These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy, constitute the sole and entire agreement between you and us with respect to the Site, and they supersede all previously written or oral agreements regarding the Site. However, these Terms of Use do not supersede or amend any other agreement you have with us.

18. Termination

You may terminate this Agreement at any time by discontinuing your use of the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.

19. Right to Modify Terms

We reserve the right, at our sole discretion, to change, modify, or amend any part of these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to the Site. You are responsible for regularly reviewing these Terms and staying informed of any changes.  You can find the most current version of the Terms of Use as well as the Privacy Policy by clicking on the appropriate hyperlink at the bottom of this page. Your continued use of the Site following any changes to these Terms and after the “Last Updated” date at the beginning of these Terms shall constitute your acceptance of these changes.

20. Contact Information

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: 

In Writing: Titan Utility Services

14146 Hwy 1064

Tickfaw, LA 70466

By Email:  [email protected]