You, the user/visitor, agree to use the information that is available on our Sites only for personal use and not for the purpose of engaging in commercial enterprise of any type. You may not make any commercial or other unauthorized use of our interactive features, tools, portals or downloadable documentation. Users of TransPark, LLC sites may not engage in any conduct or action that is prohibited by law or violates any federal, state or local regulations. Users of our sites further agree not to distribute, post, publish or otherwise engage in the transmission of any content which defames, abuses or threatens others, or which contains unauthorized copyrighted material or infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party regardless of affiliation. Users agree not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized materials, including spam or chain letters, or any material that contains software viruses, or any other computer files or programs intended to disrupt, destroy or limit the functionality of any system, software or hardware service incorporated within any TransPark, LLC sites.
Restrictions on Use of Materials
All content, including but not limited to text, software, music, sound, photographs, video, design, graphics or other material contained within any TransPark, LLC sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute or create derivative works from any of this content or otherwise use, transmit, rebroadcast, publish, or distribute in any form other than as expressly authorized by this agreement without prior written consent from TransPark, LLC. Use of any content provided in the form of sales, marketing or operational material, posted or available for download, must be used in a manner consistent with this agreement. TransPark, LLC is not granting a transfer of ownership of any content directly or by implication, nor are we granting any license or right to our trademarks, tradenames, or copyrights or other intellectual property, nor to the intellectual property of any other affiliated party. Use of any TransPark, LLC content for commercial purposes without express written consent, violates our copyright and other proprietary rights.
All registered and/or unregistered trademarks and/or service marks used or referred to on the TransPark, LLC site are the property of TransPark, LLC unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any of the aforementioned trademarks or service marks in any way without the prior written consent of TransPark, LLC.
User/Visitor, Vendor, Client and Customer Submissions
Limitation of Liability
You, the user/visitor understand and agree that TransPark, LLC shall not be held liable for any loss or damage, direct or indirect, or otherwise, resulting from any use of, or inability to use a TransPark, LLC website; or resulting from any errors or omissions within the content of said sites, regardless of the basis upon which a liability is claimed. (Note) Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages.
Disclaimer of Warranties
TransPark, LLCmakes no warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for any particular purpose. Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Though every effort is made, TransPark, LLC makes no explicit warranty that any TransPark, LLC site will meet your requirements, or that it will be uninterrupted, timely, unfailingly secure or error-free; nor does TransPark, LLC make any warranty as to the results that may be obtained from the use of any site, or as to the accuracy or reliability of any information obtained through said sites. You user/visitor agrees that any content downloaded or otherwise obtained through the use of TransPark, LLC sites is done so at your own risk and that you will be solely responsible for any and all damage to your computer(s), or loss of data resulting from said downloads. Unless stated expressly, TransPark, LLC provides these sites and the content within ‘As Is’ and without warranties of any type as authorized by applicable laws. This includes implied warranties of merchantability, non-infringement of intellectual property and fitness for a specific purpose. Under no circumstances shall TransPark, LLC or its affiliates, partners or suppliers be liable for any damages whatsoever arising from the use or inability to use any TransPark, LLC site; even if TransPark, LLC has been advised of the possibility of such damages. (Note) Some jurisdictions may not allow the exclusion or limitation or exclusion of certain warranties.
TransPark, LLC is not necessarily affiliated with, or associated with sponsors or producers of sites that link to or from any TransPark, LLC site. TransPark, LLC reserves the right to terminate any link or linking program at any time.
You, the visitor/user agree, at your own expense, to indemnify, defend and hold harmless TransPark, LLC, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of a breach by you of this agreement or in connection with your use of TransPark, LLC sites or any product or service related thereto.
This agreement as outlined and the relationship between you the user/visitor and TransPark, LLC, shall be governed by and construed in accordance with, the laws of the states and territories that constitute the “United States of America.” Any controversy or claim arising out of or relating to this agreement or relating to use of TransPark, LLC sites and the material contained within said sites shall be resolved in the appropriate jurisdiction(s). You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to this agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred as allowable under applicable laws.
The waiver by either party of a breach or right under this agreement will not constitute a waiver of any subsequent breach or right. If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any and all rights not expressly granted herein are reserved.
Revised: October 2021
© 2021 TransPark, LLC. All rights reserved.