This website (the “Site”) offers information regarding our services. transparagent.com is a website provided to you by Kitai Mirai LLC and its related, affiliated, and/or subsidiary companies (“We,” “Us,” or “Our”). The following User Agreement governs Site users’ (“Your” or “You”) access to and use of the Site and any other information available on or through the Site (“Content”).
Please read through this user agreement (“Agreement”) before accessing, using, or browsing the Content or selecting the “I AGREE” button associated with this Content. By accessing, browsing, or using the Content and/or clicking on “I AGREE,” You, on behalf of Yourself or Your entity, as applicable, agree that:
If You cannot be bound or are not willing to be bound by this Agreement, then do not select the “I AGREE” button associated with this Agreement or access, browse, use, or access any of the Content. We do not grant You any right or license to access, browse, or use the Content without Your express consent to abide by the terms of this Agreement.
The Site is not intended to provide You with any financial, real estate, legal, or otherwise related advice of any kind and You understand and agree that the Site may include advertisements. Based upon information We obtain, We may make available to You advertisements that may be relevant and/or useful to You based upon Your own review.
All comments, concepts, feedback, graphics, ideas, illustrations, remarks, suggestions, and other materials that You communicate to Us (collectively, the “Submissions”) become Our property and You waive any and all rights, except moral rights, if applicable. Further, You hereby forever assign all rights in regard to the Submissions, now known or future existing.
We will not be required to treat any Submissions as confidential and will not be liable for any of its business ideas (including but not limited to product or advertising ideas) and will not incur any liability as a result of any similarities (whether actual or perceived) that may or may not appear in future operations or other business ventures.Except as otherwise provided for in this Agreement, We will have full right of use for the Submission for any commercial or other purpose in its sole discretion without compensation to You.
Any Submissions You provide are voluntary. You are responsible for the content of the Submissions and agree to defend (at Our sole option and discretion), indemnify, and hold Us harmless from any costs, damages, losses, or expenses including attorney’s fees, which We may incur as a result of Your Submissions.
You also agree that You are responsible to the full extent under the law for all activities that occur under Your account whether or not You are the individual or other entity who undertakes such activities. This includes any unauthorized access or use of Your account on either a personal or public computer system.
You are solely responsible for maintaining the confidentiality of and restricted access to your Account and are solely responsible for all acts and omissions under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account.
Pursuant to the Terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account.
You are entirely responsible for any and all materials (including text) that you submit, upload, or otherwise make available via the Services, including any communications or information (collectively, “Submissions”). You agree that any disclosure of information in Submissions may make you personally identifiable and there is no guarantee such Submissions can be withdrawn.
We retain the right to review and/or delete faulty, illegal, offensive, suspicious, or other inappropriate Submissions that violate the terms and conditions of this Agreement.
“IP” means but is not limited to trademarks, service marks, patents, copyrights, privacy and publicity rights, words, graphics, logos, and any and all intellectual property the Services may contain our IP as well as IP of our affiliates or other companies, provided to You or anyone in connection with the Services.
Your use of our Services does not constitute any right or license for you to use such IP. Our Services are also protected under applicable IP laws, included but not limited to those of the United States and the European Economic Area, Switzerland, and the United Kingdom (collectively “EEA”).
The copying, redistribution, use, or publication by you of any portion of our Services is strictly prohibited. Your use of our Services does not grant you ownership rights of any kind in our Services. We reserve all rights not expressly granted to You in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to You or any third party any IP rights or other interest in or to the IP.
The Content (defined as any text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and any and all other materials You may view or get exposed to on the Services).
You shall not copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
You may not infringe the IP rights of any party. We may in our sole discretion remove any Content or Submissions we have reason to believe violates any of the IP rights of others and may terminate your use of the Services if you submit any such Content or Submissions. We comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512 of the United States Code as well as other applicable IP laws, including but not limited to those in the EEA. If you believe your copyrighted material is being infringed by the Services, you should notify us at EMAIL. All trademarks, logos and service marks displayed on the website, in the Service, or otherwise accessible are our IP. This includes but is not limited to what we may present, post, or otherwise make available on social media sites and platforms. You are not permitted to use this IP without our prior written consent.
You must be at least 18 years of age to use the Site and any Content. By Using the Services, you represent and warrant that you have reached at least the age of eighteen (18) and the age of majority in your jurisdiction or have verifiable parental or guardian consent. We maintain a zero-tolerance policy for anyone under the age of majority on our Services who does not have verifiable parental or guardian consent.
Access to certain areas of the Site or the Content may be limited by a user identifier ("User ID") and password, which are selected as part of the registration process. By registering, You covenant, represent, and warrant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only accurate, complete, current, and true information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it accurate, complete, current, and true. By logging into Your account using any password, You covenant, represent, and warrant that You are authorized to use such password and to engage in the activities that You conduct with the account. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your subscription account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password. We reserve the right to deny, revoke, or prevent access to the Site, or any part thereof, at any time in Our sole discretion, with or without cause. Your access to the Site will terminate upon the termination of this Agreement for any reason. If You wish to cancel a password, or if You become aware of any loss, theft, or unauthorized use of a password, please notify Us immediately. You may choose to access some of the Content of the Site without creating a User ID and password or subscription account. By accessing, using, or browsing the Site or any of the Content, You are agreeing to be bound by all the terms and conditions of this Agreement.
The Site offers optional membership subscriptions (“Memberships”). We may offer a number of subscription plans (“Plans”). If You purchase a Membership, your membership will continue and automatically renew until terminated. To purchase a Membership, You must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through Your account with a third party. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to Your Payment Method (see "Cancellation" below). **Promotional Offers.** We may from time to time offer special promotional offers, plans, or memberships (“Offers”). Offer eligibility is determined by Us at Our sole discretion and we reserve the right to revoke an Offer and put Your account on hold in the event that we determine You are not eligible. Members of households with an existing or recent membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment, or an account email address used with an existing or recent membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you. **Refunds.** You have THREE (3) DAYS after your Payment Method is successfully billed to request a refund (“Refund Period”) for that transaction. Any request for a refund must be received in writing by contacting us via email at support@transparagent.com or via the Contact Us form. Any refund request received after the Refund Period or not made in writing will not be honored. In addition, if You use any Premium Credits after your Payment Method is charged, then your subscription fee will immediately become nonrefundable. There are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
*Billing Cycle.** The subscription fee for the service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan, or if your paid subscription began on a day not contained in a given month. Visit the website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for a Membership using your account with a third party as a Payment Method, you can find the billing information about your subscription by visiting your account with the applicable third party. **Payment Methods.** To receive the Membership benefits, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. **Updating your Payment Methods.** You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). **Cancellation. ** You can cancel your Membership at any time, and you will continue to have access to the membership services through the end of your billing period. To cancel, email: verificaton@transparagent.com with the subject line "Cancel" and and your request to cancel the service as well as the effective date of cancellation. If you cancel your membership, your Membership will automatically close at the end of your current billing period. To see when your Membership will close, click "Billing details" on the "Account" page. If you signed up for Membership using your account with a third party as a Payment Method and wish to cancel your membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the service through that third party. **Changes to the Price and Subscription Plans.** We may change our Membership subscription plans and the price of our Plans from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.
The Site includes links to third-party products, services, and websites, and may include functionality that allows for the distribution of your personal information (collectively, your “User Information”) to third parties not under Our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Site. Your use of third-party sites may be subject to associated third-party terms of use, privacy policies, and/or other agreements. We do not endorse and take no responsibility for such products or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that We may transfer the applicable User Information or other information to the applicable Third-Party Providers. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with any other person. The Site contains services where you may be connected with a real estate professional or other that provides mortgage loan origination services, title and escrow services, or other settlement services. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection.
Google Maps features and content are utilized on the Site and Your use of the Site with Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; (2) Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) Google’s Terms of Service at https://policies.google.com/terms?hl=en.
We may monitor or review any areas on the Site where You or other users convey, transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, and suitability of use. However, We do not undertake to screen or review every post, communication, or Submission; and We disclaim any liability related to the Content of any post, communication, or Submission, whether or not arising under the laws of copyright, libel, obscenity, privacy, trademark, or otherwise. While We may monitor the Content of the communications from time to time, We do not agree with, encourage, endorse, sanction, support, or verify the comments, opinions, or Submissions posted on the Site. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Us. We, in Our sole discretion, reserve all rights to discontinue this service generally or to any user at any time. We may disclose any records, electronic communications, information, materials, or other Content of any kind (i) if We believe in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of the Site, its users, or business partners. However, We are not responsible for editing, monitoring, policing, or screening the Site.
We may, at Our discretion, edit, monitor, or review any areas of the Site where You transmit or post communications or communicate with Us or other users, including, but not limited to blogs, bulletin boards, chat rooms, forums, instant messaging sessions, newsgroups, and other user-interactive areas (collectively "User-Interactive Areas"), and the Content or any such communications. We, however, will have no liability related to the Content of any such communications, whether or not arising under laws of copyright, libel, obscenity, privacy, trademark, or otherwise. If You submit any material to any of the User-Interactive Areas, You agree and represent that Your material: (i) is not offensive, obscene, or otherwise contrary to the laws of where such User-Interactive Areas may be accessed; (ii) is the original work of Your authorship or that You have the right to make the Submission without violating the copyright, trademark, patent, or other intellectual property rights of any person or entity; and, (iii) is true and truthful and does not constitute libel, slander, invasion of privacy, defamation, or any violation of law. We retain the right to remove communications that include any material deemed abusive, offensive, obscene, defamatory, faulty, or otherwise inappropriate. Thus, if notified of an allegation that the Site contains damaging, defamatory, electronic communications, illegal, or offensive records, information, infringing, materials, or other Content, We may, in Our sole discretion, investigate the allegation and determine whether to remove or request the removal of the same from the Site. Notices to Us regarding any alleged copyright infringement should be sent to support@transparagent.com. You may be required to pay fees to access certain features of the Site. All fees shall be in USD and are non-refundable.
You may find our Privacy Notice [here](insert link).
Except as otherwise provided herein, the Content contained and referenced herein is for informational purposes only. Any reproduction, retransmission, or other use is strictly prohibited. If You wish to reproduce any of the Content contained herein, please send an e-mail request to support@transparagent.com. Should you believe that Your work has been reproduced on the Site in a way that constitutes copyright infringement you may notify us in accordance with Title 17, United States Code, Section 512(c)(2).
“Agent Spyglass” is Our trademark, and except as provided in this Agreement, We do not grant You any rights thereunder. As such, the Site may not be used in any way varying with the provisions of this Agreement, without Our prior written permission. All other company names, domain names, logos, service marks, and trademarks (collectively "Other Trademarks") referred to on the Site are company names, domain names, logos, service marks, or trademarks of, or are otherwise the property of Us or Our affiliates or licensors. In countries where any of the company names, domain names, logos, service marks, or trademarks are not registered, We claim other rights associated with company names, domain names, logos, service marks, or unregistered trademarks. Other company names, domain names, logos, and service marks or trademarks referred to on the Site may be trademarks of their respective owners.
All interest, right, and title in and to the Content, and all intellectual property rights embodied therein, are the property of Us or Our affiliates, licensors, or suppliers. Without limiting the foregoing, with respect to the Site, Content, and Submissions ("Databases") You agree and acknowledge that:
In addition, You acknowledge that the Content, Submissions, Databases, and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity. The names of actual companies, products, and services on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Site. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
We robustly enforce our intellectual property rights to the fullest extent under the law. Except as specifically contained herein, We will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases, and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
On the Site, links to other internet addresses (“External Sites”) can be accessed. Such External Sites contain information created, maintained, published, or otherwise posted by organizations independent of Our control and/or review. We do not approve, certify, endorse, maintain, or control these External Sites and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such External Sites. We provide the links only as a convenience. Use of any information obtained from such External Sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, timeliness, or correct sequencing of information. Neither the inclusion of the link on the Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Us.
There may be circumstances where access to the Site is provided by a link located at an External Site. We have no responsibility for the content of such other website. We do not make any representations or give any warranties or conditions with respect to any information contained in or at such other External Sites and We shall not be liable for any damages or injury arising from the Content of or access to any External Site. We do not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to the Site. Unless approved in writing in advance, You agree not to create any frames at any other websites pertaining to any of the Content located on the Site.
THE SITE MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, QUALITY, PERFORMANCE, OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES, OR RESULTS OBTAINED ON OR THROUGH THE SITE. We do not verify the completeness, accuracy, or authenticity of the Site and Database, and it may contain transcription and transmission errors. You use the Site at Your own risk. We will make commercially reasonable efforts to correct any material, reproducible, correctable errors at our expense upon receiving written notice from You. However, not all discrepancies in the Site may have a corresponding remedy or warrant an adjustment to Our Database. In some cases, a property record may be blank or partially populated with data. The Database may vary by jurisdiction and may not include all recorded conveyances, instruments, or documents. You shall not construe the Database and the information contained therein as to the condition of title to real property, nor as an abstract, legal opinion, opinion of title, title insurance commitment, or preliminary report, or any form of title insurance or guaranty. We are not required to store archived copies of the Database or the information contained therein. THE DATABASE AND INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS. WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OF THE INFORMATION. THE USE OF AUTOMATED VALUATION MODELS TO ESTIMATE THE CURRENT MARKET VALUE OF A RESIDENTIAL PROPERTY IS NOT AN APPRAISAL, AND THE USE OF AUTOMATED VALUATION MODEL DATA AND OTHER ESTIMATED PROPERTY VALUES IS AT YOUR SOLE RISK. You acknowledge that certain states and federal regulatory bodies have enacted laws which place restrictions upon marketing activities, including, but not limited to, the use of public record information in connection with mortgage lending or other financial services’ mail marketing, or permitting a telephone customer to give public notice that such customer does not wish to receive sales solicitation telephone calls. We and Our data suppliers disclaim any warranty, express or implied, that the Database or the information contained therein is free from any consumer information that may give rise to a privacy claim. WE DO NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE CONTENT IN TERMS OF THEIR ACCURACY, APPLICABILITY, CORRECTNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY ACTIONS RESULTING FROM THE USE OF THE SITE. WE ASSUME NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED UPON INFORMATION FROM THE SITE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER VIRUS, DEFECT, DELAY IN OPERATION OF TRANSMISSION, ERROR, FAILURE OF PERFORMANCE, INTERRUPTION, OMISSION, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY AN AUTHORIZED REPRESENTATIVE, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES, AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, TO ACCESS THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL ATTORNEYS’ FEES, CLAIMS, COSTS AND EXPENSES, DAMAGES, INJURIES, LIABILITIES, LOSSES, PROCEEDINGS, RELATING TO OR ARISING FROM: 1. YOUR USE OF THE SITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; 2. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH THE SITE; 3. ANY BREACH BY YOU OF THIS USER AGREEMENT; 4. AND ANY ACTIVITY RELATED TO YOUR USE (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR ACCOUNT. Disclaimer of Warranties and Limitations of Liabilities. READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. The Services may contain links to third-party websites which are independent of us. We assume no responsibility for the content or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third-party websites. We have no right or ability to edit the content of any third-party websites. You acknowledge that we shall not be liable for any liability arising from your use of any third-party websites. THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES OF INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR RELATING TO THESE TERMS EXCEED $100.
You absolve and release Us and Our affiliates from any claim of harm resulting from any cause(s) over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
This Agreement will take effect at the time You click "I Agree" and/or access, browse or use the Site or any of the Content, and continues in perpetuity unless terminated by You and/or Us. We reserve the right, at any time and for any reason, without notice to You, (i) to deny You access to the Site and any of the Content; (ii) to change, remove or discontinue any of the Content or services available on or through the Site; or (iii) to terminate this Agreement. You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Site, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon Our request, You agree to certify in writing that all the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights, and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to Us will be deemed to have been duly given only if in writing and delivered by email to support@transparagent.com and receipt acknowledged by Us. Notices to Us shall be deemed delivered when actually received by Us. Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that You provide to Us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent. Should You elect to send or receive e-mail communications of any kind to or from Us, You represent and warrant to Us that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
Except as described otherwise, We control and operate the Site from the United States of America and make no representation that the Content is appropriate or available for use in other locations. If You use the Site from other locations, You are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the U.S. Treasury Department's Specially Designated national list, or (c) to anyone on the U.S. Commerce Department's Table of Denial Orders. If You download or use the Content You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list. Access, browsing, and use of the Site, the Content, and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of Arizona, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO OR USE OF THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF ARIZONA, U.S.A.; YOU AGREE TO SUBMIT TO THE JURISDICTION OF ARIZONA, AND AGREE THAT VENUE IS PROPER IN ARIZONA, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
The provisions of this Agreement which by their terms call for subsequent performance shall survive termination, whether or not such provisions expressly state that they shall so survive.
No delay or omission by Us to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Us of any of the agreements, covenants, or conditions to be performed by You will not be construed to be a waiver of any succeeding breach thereof, or of any covenant, condition, or agreement herein contained.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
The Site is an independent venture; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Us.
We reserve the right, at Our sole discretion, to change, alter, amend, or otherwise modify this Agreement from time to time. All modifications will be posted on the Site and such modifications will become effective immediately upon the posting thereof. After any such modification becomes effective, We will deem Your continued use of the Site or any of the Content to constitute Your acceptance of and agreement to such modification. It is Your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.
This Agreement constitutes the sole and entire agreement between you and Us regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@transparagent.com
By accessing, browsing, or using the Content and/or clicking on “I AGREE,” you acknowledge that you have read, understand, and agree to be bound by all the terms and conditions of this Agreement.