TERMS OF USE

Last Updated: February 20, 2018

Please read these Terms of Use carefully. These Terms of Use apply to your use of and access to the website at www.transcendstreet.com (this “Website”). Other terms and conditions may apply when you use or access our other websites or other sections of or pages on this Website or when you purchase, subscribe or participate in our products or services. Those terms and conditions will state whether they are intended to replace these Terms of Use or supplement these Terms of Use. You should read those other terms and conditions carefully. By accessing such other websites or sections or pages, or by purchasing, subscribing or participating in, our products or services, you agree to be bound by these terms and conditions. In the event of any conflict or inconsistency, those other terms and conditions will prevail to the extent of that conflict or inconsistency in relation to your use of or access to the other websites or other sections of or pages on this Website, or your purchase, subscription or participation in the relevant products or services, as applicable.

By accessing this Website, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this Website. Transcend Street Solutions (“we”, “our”, “us” or “Transcend Street Solutions”) reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of this Website constitutes an agreement to all such changes.

Use of this Website

Unauthorized use of the Website and Transcend Street Solutions’ systems, including, but not limited to, unauthorized entry into Transcend Street Solutions’ systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair any Transcend Street Solutions site or service or interfere with any other party’s use and enjoyment of any Transcend Street Solutions site or service. You may not attempt to gain unauthorized access to any Transcend Street Solutions site or service, computer systems or networks connected to any Transcend Street Solutions site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Website that are contrary to applicable laws or regulations.

Changes to this Website

Transcend Street Solutions reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Website and to suspend and/or deny access to this Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Transcend Street Solutions does not undertake any obligation or responsibility to update or amend any such information. Transcend Street Solutions may discontinue or change any product or service described in or offered on this Website at any time.

Disclaimer of Warranty

Any information, products or services on this Website are provided on an “AS IS,” “WHERE IS” and “WHERE AVAILABLE” basis. Transcend Street Solutions does not warrant the information or services provided herein or your use of this Website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Transcend Street Solutions will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website. Although the information provided to you on this Website is obtained or compiled from sources we believe to be reliable, Transcend Street Solutions cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

Limitation of Liability

Neither Transcend Street Solutions, nor any of its affiliates, members, directors, officers or employees, nor any third party vendor or data or content provider, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Transcend Street Solutions or of any vendor providing software or services. In no event will Transcend Street Solutions or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Transcend Street Solutions or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Transcend Street Solutions cannot and does not guarantee continuous, uninterrupted or secure access to the Website.

Proprietary Rights

All right, title and interest in this Website and any content contained herein is the exclusive property of Transcend Street Solutions or the applicable third party data or content provider, except as otherwise stated. Unless otherwise specified, this Website is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, without Transcend Street Solutions’s prior written approval. If you copy or download any information or software from this Website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Transcend Street Solutions, the Transcend Street Solutions logo and other Transcend Street Solutions trademarks and service marks referenced herein are trademarks and service marks of Transcend Street Solutions. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Transcend Street Solutions or such third party, which may own the marks.

Pursuant to Section 512(c)(2) of the Copyright Act, Transcend Street Solutions designates the following agent to receive notifications of claimed infringement: Attn: Legal Department, Transcend Street Solutions, 15 Corporate Place South, Ste. 400, Piscataway, NJ 08854

Use of Links

This Website contains links to third-party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Transcend Street Solutions of any information contained in any third party website. In no event shall Transcend Street Solutions be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of this Website.

Privacy & Cookies

Transcend Street Solutions may process personal data as part of and/or in connection with your access and/or use of this Website. This includes using cookies and similar technology to collect information about your use of our Website and your preferences.

To find out more information about how Transcend Street Solutions processes personal data, how we use cookies and how to reject cookies, see our Privacy Policy at www.trascendstreet.com/privacy-policy.

By accessing or using this Website you consent to Transcend Street Solutions processing personal data and using cookies as further detailed in our Privacy Policy. You acknowledge and agree that if you choose to reject our cookies, some or all parts of the Website may not function properly or may not be accessible.

Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Middlesex, State of New Jersey and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use constitutes the entire agreement between Transcend Street Solutions and you with respect to this Website and it supersedes all prior or contemporaneous communications, agreements and understandings between Transcend Street Solutions and you with respect to the subject matter hereof. Transcend Street Solutions and you acknowledge and agree that unless expressly included in any other agreement between Transcend Street Solutions and you the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.