In addition, the downloading and use of certain products and services available via the Site, including but not limited to Visual KPI, may be subject to additional terms and conditions set forth in an end user license agreement which you will be required to review and affirmatively accept prior to and as a condition of your downloading and use of the applicable product or service.
III. USE OF THE SITE AND SITE CONTENT
(a) License to Use the Site
The Site and the Site Content is intended for non-commercial purposes only, and you may not copy, reproduce, distribute, display portions of or link to this Site or any Site Content contained hereon for commercial purposes without our prior express written consent. Further, you agree to use the Site and the Site Content only for lawful, personal and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.
(b) Copyright Protection
The Site and all Site Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, Transpara or the party listed as the provider of the applicable Site Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. Subject to the terms of any applicable end user license agreement, you may download any downloadable Site Content displayed on the Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:
© 2005-2018 Transpara LLC. The Transpara and Visual KPI logos and all associated trademarks and logos used herein are trademarks of Transpara LLC (and formerly Transpara Corporation). Other company and product names used herein are properties of their respective owners. All rights reserved.
“Transpara” “Visual KPI” and other marks, product names and company names appearing on the Site, are trademarks and service marks of Transpara LLC (and formerly Transpara Corporation) and/or their respective owners, and are protected by law. They may be used publicly only with permission from Transpara. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
(d) Accuracy of Information
Transpara strives to provide accurate and complete information about its products and services, its business and its activities, and to provide updated information on the Site; however, Transpara does not warrant that any information on the Site is complete or free from error. Further, you acknowledge and agree that the views expressed by you and other users as part of the User Content (as defined below) do not necessarily reflect the views of Transpara, and we do not support or endorse any User Content posted by you or any other user.
(e) Links to Other Sites and/or Materials
Links may appear on the Site that are used to link to other site(s) which are not owned or operated by Transpara (“Linked Sites”). These links are provided solely as a courtesy to our Site visitors. Transpara reserves the right to add, change, decline or remove any link at any time. Transpara has no control over the Linked Sites or the materials, information, goods or services available on these Linked Sites.
IV. USER CONTENT
V. PROHIBITED ACTIONS
Without limiting anything contained in Section IV, you agree that you will not: (i) transmit any User Content that is unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site; (vi) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (vii) violate any applicable local, state, national, or international law; (viii) transmit any User Content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Site for commercial purposes without our prior written consent; or (x) solicit other guests of the Site to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.
VI. DISCLAIMERS AND LIMITATION OF LIABILITY
(a) Disclaimers of Liability; No Warranty
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT (INCLUDING, WITHOUT LIMITATION, SOFTWARE) OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
(b) Limitation of Liability
TRANSPARA SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, EVEN IF Transpara HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES.
IN ALL CIRCUMSTANCES TRANSPARA’S MAXIMUM LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU TO TRANSPARA FOR ACCESS TO THIS SITE. TRANSPARA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS WHICH EXCEED THIS LIABILITY LIMIT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, TRANSPARA’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING Transpara’S LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
VII. GOVERNING LAW; DISPUTE RESOLUTION
(a) Informal Resolution
You and Transpara agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. Transpara will send its notice to your billing address, with a copy via email to your email address. You will send your notice to Transpara LLC, 15900 N 78th Street, Suite 100, Scottsdale, AZ 85260, USA with a copy to firstname.lastname@example.org.
(b) Formal Resolution
If we cannot resolve a Claim informally, you and Transpara each agree to submit to personal jurisdiction in California and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate state or federal court in the County of Alemeda, State of California, provided that neither you nor SOE shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.
(c) Governing Law and Jurisdictional Issues
This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Site is controlled and operated from Transpara’s offices at 15900 N 78th Street, Suite 100, Scottsdale, AZ 85260, United States of America, and Transpara makes no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from any territory where the content is illegal is prohibited. You may not use or export any of the Site materials in violation of U.S. export laws and regulations.
(a) Suggestions and Feedback
Transpara welcomes feedback or inquiries about our products. If you elect to provide any feedback or comments of any nature to Transpara, all of such feedback and comments shall be the sole and exclusive property of Transpara, and Transpara shall have the right to use such feedback in any manner and for any purpose in Transpara’s discretion without remuneration, compensation or attribution to you, provided that Transpara is under no obligation to use such feedback.
(b) Interpretation and Entire Agreement
(c) Contact Us
However, please note that communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Transpara or any of its officers, employees, agents or representatives, such as where notice to Transpara is required by contract, or any federal, state or local laws, rules or regulations. You may provide notice to Transpara at:
15900 N 78th Street, Suite 100
Scottsdale, AZ 85260
United States of America