TRANSCEPTA.COM TERMS OF USE
These Terms of Use (these “Terms”) govern your use of the Transcepta.com website (the “Site”), which is operated by Transcepta, LLC (“Transcepta”). By using this Site, you agree to these Terms. If you do not agree to these Terms, you may not use the Site.
(1) Contact Transcepta for Service Information. This Site provides information on Transcepta’s services. If you are interested in learning more about the services offered by Transcepta, you may contact us at info@transcepta.com.
(2) Privacy. If you provide your information to us, our Privacy Policy governs how we may use it.
(3) Other Terms to Use Transcepta’s Services. If you subscribe to or use Transcepta’s services, other Transcepta Terms of Service or a different Transcepta Agreement specific to your subscription or use will govern your subscription or use.
(4) Ownership. Transcepta owns this Site and its services, including their marks and logos, which are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
(5) Use of The Site. You may only use this Site to learn about Transcepta and its services. All other uses, such as attempting to gain unauthorized access to Transcepta’s services or to copy, modify, reverse engineer, decompile, frame, scrape, or create derivative works of the Site or its content, or trying to hack the Site or upload software viruses, are prohibited. If Transcepta reasonably believes you have violated these Terms, Transcepta may prohibit you from accessing this Site and has the right to pursue all legal remedies available to it at law and equity. You agree to indemnify, defend, and hold Transcepta harmless at your expense from any claims, liability and expense arising from your violation, if any, of these Terms.
(6) Modifications. Transcepta may modify the Site and these Terms from time to time. Your continued access to or use of the Site will be governed by the then current version of these Terms.
(7) Disclaimer of Warranties. THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRANSCEPTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE.
(8) Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRANSCEPTA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS, ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIALS OR INFORMATION CONTAINED AT OR AVAILABLE THROUGH THE SITE. THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THESE TERMS AND TRANSCEPTA WOULD NOT HAVE PERMITTED YOU TO USE THE SITE ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, some or all of the exclusions or limitations above may not apply to you.
(9) Miscellaneous. These Terms constitutes the entire agreement between Transcepta and you with respect to the subject matter hereof and supersede any previous and contemporaneous agreements and understandings with respect to the subject matter hereof. The failure of Transcepta to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. All matters relating to these Terms are governed by the laws of the state of California without regard to its conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California. The prevailing party in any action to interpret or enforce these Terms shall be entitled to its reasonable attorneys’ fees as well as all other remedies available to it. If any provision of these Terms is found to be legally unenforceable, that provision shall be enforced to the maximum extent possible and any such unenforceability shall not prevent enforcement of any other provision of these Terms.
(Last updated 3.7.2023)