Thank you for visiting www.Trnsact.com and affiliated Websites (collectively, “Website”). The terms and conditions set forth below apply to your access to Trnsact Portal and/or your use of Trnsact Websites (including the data, information, products, and services available through Trnsact Websites), and our use of any communications or User Content that you submit to us.

By using Trnsact Websites and/or submitting information or User Content on Trnsact Portal, you accept and agree to Trnsact’s terms and conditions set forth herein. These Terms of Use (“Terms”), form a legally binding agreement between you and Trnsact Technologies (Trnsact, Inc.) and its affiliates (collectively, “Trnsact”, “us”, “our” or “we”).

Trnsact reserves the rights to change, amend, or modify the contents of Trnsact Websites or this Agreement at any time, at its sole discretion. Such changes will become effective immediately upon posting on the Websites. You agree that your continued use of Trnsact Websites or Services constitutes your acceptance of such changes and that you have reviewed this Agreement for any such changes. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.

Electronic Communications:

Customer agrees to receive all current and future notices, disclosures, communications, and information electronically. You also agree that you will do business with us and our Providers electronically. Your continued use of this site is evidence of your acceptance and agreement to be bound by this Agreement.

Customer Responsibilities:

The Customer is responsible for procuring and maintaining the computer system required to access Trnsact System. You will also be determining whether the System will achieve the results you desire. All information provided to Trnsact by the user of the Trnsact platforms and systems is true, accurate, complete, and not misleading.

General Warranty Disclaimer:

Trnsact makes and the Customer receives no warranties, express, implied, or statutory, except as expressly set forth herein. The system and all services are provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranties concerning the availability, accuracy, usefulness, or content of information, products or services or any warranties of merchantability or fitness for a particular purpose. Customer acknowledges that data transmission and storage is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. In addition, Customer agrees that Trnsact does not represent that the System or any Services will be uninterrupted, without omissions, or error free.

Limitation of Liability:

Neither Trnsact nor any of its employees, agents, successors, assigns, affiliates, or consultants or service providers, shall be liable to the Customer or any third party for any indirect, incidental, special or consequential damages arising out of use of the System, the performance of the Services, or inability to gain access to or use the System, or out of any breach of any warranty. The limitation of liability shall include, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss arising out of this services agreement or the performance or failure to perform support or Services, even if Trnsact or Customer has been advised of the possibility of such damages. The foregoing allocation of risk and limitation of liability has been negotiated and agreed by the parties and forms the basis of their willingness to enter into this transaction.

Copyrights:

All texts, trademarks, service marks, graphics, photographs, videos, sound, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on this Websites (collectively “Content”) is owned or licensed by or to Trnsact. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Nothing on the Websites should be construed as granting any license or right to use any Content.

Indemnity:

You agree to indemnify, defend, and hold harmless Trnsact and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries, and affiliates, from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement.

Ownership:

All content displayed on Trnsact Websites, portals including texts, images, method of display and presentation, source code, embedded routines and programs used to provide this Website are owned by Trnsact or our affiliates, licensors, or licensees, and are protected under worldwide patent, copyright, trademark, and other applicable laws. We grant you the nonexclusive limited right to access the content from this Website solely for your use and as necessary in connection with the use of any services available through this Website.

Third Party Websites:

Trnsact Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products, or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. We are not responsible for the accuracy or content of the information provided by those websites, nor are liable for any direct or indirect technical or system issues arising out of your access to or use of the third-party technologies or programs available through that website.

Delays:

You agree that Trnsact is not responsible for any errors or delays in responding to a request caused by an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.

Agreement:

This Agreement (including all referenced or incorporated policies, agreements, and other provisions) constitutes the entire agreement between you and Trnsact and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof. If a conflict between the language of this Terms of Use Agreement and the language of any terms incorporated by reference, the latter incorporated terms shall control. All rights not expressly granted to you by us in these Terms are reserved to Trnsact, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material from Trnsact Websites. Trnsact reserves the right to change this Agreement in its sole discretion at any time without notice.

Widgets:

Widgets or Trnsact tools that you may place on your website, will allow visitors to your website to access and view content from Trnsact website or portals. Trnsact widgets provide access to the Websites, Content and Services from points outside of the Websites. Trnsact widgets may be placed on your websites, blogs, emails signatures, your pages at online social network sites, and other similar platforms. Trnsact prohibits the placement of widgets on websites, platforms or devices that contain content that is sexual, offensive, deceptive, or illegal in nature or that in any way promotes or encourages hatred, violence, discrimination, or illegal activities, or otherwise inappropriate as determined by Trnsact. You shall use the widgets in a manner consistent with all applicable laws and solely for lawful purposes. You cannot use them for any other purpose. Nothing in this Agreement shall be deemed to grant you any rights, title, or interest in Trnsact widgets, content, or services. Trnsact reserves the right to remove or demand the removal of any Trnsact widget, or revoke your right to use any Trnsact widget, for any reason.

Arbitration:

You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

Disputes:

You agree that any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator. You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.

User Content:

You may have the opportunity to submit information to Trnsact by posting to a public area of Trnsact Websites or by other submission to us through email or electronic communication facilitated by Trnsact. These may include feedbacks, reviews, inventions, techniques, know-how, data, materials or other postings or communications (collectively, “User Content”). By submitting any such User Content, you grant Trnsact and Trnsact affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis. You also grant Trnsact and its affiliates the right to use the name that you use in connection with such submission or post. You represent and warrant that you own or otherwise control all of the rights to the User Content that you submit to us, the User Content is accurate and that the use of the User Content you supply does not violate Trnsact’s Terms of Use and will not cause injury or damage to any person or entity. You permit other users of Trnsact Websites to access, view, store or reproduce your User Content.

Data Use:

ANY PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU IN ELECTRONIC COMMUNICATIONS IS GOVERNED BY OUR PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED IN THESE TERMS AND CONDITIONS BY REFERENCE.

Data Security:

Trnsact has reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available because of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.

Questions:

If you have any questions, please contact us at legal@trnsact.com