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New snacks on sale now for a limited time! Use code NEW for 15% off.

Disclaimer and Limitation of Liability

By purchasing this product, you agree to the following Disclaimer and Limitation of Liability:

DISCLAIMER.  TITAN WEST TRADING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“TITAN”)  DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTY REGARDING QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, TESTING OR PERFORMANCE OF THE PRODUCTS SOLD TO THE PARTIES LISTED IN “THE BILL TO” OR “SHIP TO” SECTION OF THE INVOICE, INCLUDING THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SUBCONTRACTORS AND SUBCONSULTANTS (COLLECTIVELY, THE “CUSTOMERS”.)  TITAN PROVIDES NO WARRANTIES HEREUNDER TO THE CUSTOMERS OF THE PRODUCTS SOLD BY TITAN TO THE CUSTOMERS (THE “PRODUCTS”) OR TO ANY OTHER THIRD PARTY FOR THE PRODUCTS.

LIMITATION OF LIABILITYNOTWITHSTANDING ANYTHING TO THE CONTRARY BETWEEN TITAN AND CUSTOMER, IN NO EVENT SHALL TITAN’S LIABILITY TO CUSTOMERS OR ANY THIRD PARTY ARISING FROM OR RELATING TO THE PRODUCTS, BASED ON ALL LEGAL THEORIES OF RECOVERY, INCLUDING BREACH OF CONTRACT OR WARRANTY, BREACH OF FIDUCIARY DUTY, TORT (INCLUDING NEGLIGENCE), STRICT OR STATUTORY LIABILITY, OR OTHER COMMON LAW OR STATUTORY THEORY OF RECOVERY, OR CLAIMS EXPENSES FROM ANY CAUSE OR CAUSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPERT WITNESS FEES AND COSTS, EXCEED $1,000, NOR SHALL TITAN BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE CUSTOMERS ENTERING INTO BUYING PRODUCTS FROM TITAN, OR RELYING UPON THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, GOODWILL, ANTICIPATED SAVINGS, REVENUE OR BUSINESS, EVEN IF TITAN IS AWARE OF THE POSSIBILITY.  THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THESE LIMITS. THE CUSTOMERS ACKNOWLEDGES AND AGREES THAT THIS PROVISION IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. 

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