TransCanyon, LLC Terms of Use
Effective date: April 14, 2021
Welcome to TransCanyon, LLC (“TransCanyon”) and transcanyon.com (“Site”). These Terms of Use (Agreement) contain the
terms and conditions that govern your use of this Site. TransCanyon reserves the right to change this Agreement at any
time, without notice or liability, by updating the posting of this Agreement on this Site. Please direct any questions
or comments you have concerning the Site or this Agreement to [email protected]; or TransCanyon, LLC, One Arizona
Center, 400 East Van Buren Street, Suite 350, Phoenix, AZ 85004.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ENTER THE SITE. By using this Site, you agree to be legally bound by the
terms and conditions of this Agreement current at the time of your use. Therefore, you should periodically review this
Agreement. If you do not wish to be bound by this Agreement, you may not use this Site.
The word "Content" as used in this Agreement means any and all information, data, software, content, materials,
documents, text, photographs, audio, video, sounds, music, illustrations, graphics, logos, functions, processes and the
like that are available on, in or through this Site.
Disclaimers and Limitation of Damages
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER.
AS TO THE CONTENT AND OPERATION OF THIS SITE, AND ANY GOODS AND SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR
MADE AVAILABLE ON OR THROUGH THIS SITE, TRANSCANYON HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, OR
ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SUITABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE. YOU SHALL
HOLD TRANSCANYON HARMELESS AND INDEMNIFY TRANSCANYON FOR ANY AND ALL THIRD-PARTY CLAIMS ARISING OUT OF OR RESULTING FROM
THEIR USE OF ANY GOODS OR SERVICES OBTAINED FROM THIRD PARTY REFERRALS OR MADE AVAILABLE THROUGH THIS SITE.
TRANSCANYON DOES NOT WARRANT THAT THE CONTENT AND OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ITS CONTENT OR ANY SERVER USED TO OPERATE THIS SITE ARE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSCANYON, ITS PARENT, SUBSIDIARY AND AFFILIATE
COMPANIES, BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) IN CONNECTION WITH, OR IN ANYWAY ARISING
OUT OF, THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES
REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, EVEN IF TRANSCANYON IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE REMEDY IS
TO DISCONTINUE USING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF TRANSCANYON, ITS PARENT, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, AGENTS, INSURERS, LICENSORS, OR THIRD-PARTY PROVIDERS OF CONTENT, GOODS OR SERVICES, FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF USE OF THIS SITE, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE,
OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE DOLLAR AMOUNT OF ONE HUNDRED DOLLARS ($100). THE FOREGOING
PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF TRANSCANYON, ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS,
INSURERS, LICENSORS, AND THIRD-PARTY PROVIDERS OF CONTENT, GOODS OR SERVICES, AND EACH SHALL HAVE THE RIGHT TO ASSERT
AND ENFORCE THE PROVISIONS DIRECTLY ON THEIR OWN BEHALF.
Rights in Content
Unless otherwise indicated in the Site, all Content is the property of, or licensed to, TransCanyon and is protected
under U.S. and foreign copyright, trademark, and other intellectual property laws. Other than as stated in this
Agreement, use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppel, of a license
or any other right to the Content.
Unless otherwise indicated in this Site, TransCanyon grants you the limited right to display the visual Content only on
your computer screen, play the audio Content through your computer's audio components, copy the Content to the limited
extent necessary for such display, and, on an occasional basis, to print and store the visual Content for your personal,
noncommercial use, provided that all copyright notices located on the visual Content appear on the printed and stored
versions. This limited right automatically terminates without notice to you if you breach this Agreement. TransCanyon
reserves all rights and title to all Content, including that which is copied, printed or displayed.
Framing, Copying, Distributing and Linking restrictions
Other than as stated in this Agreement, you may not copy, modify, frame, mirror, or distribute the Content in any form
(including by email or by incorporating it in another website) without written permission from TransCanyon. TransCanyon
encourages you instead to tell others about the Site and direct them to the Site.
Commercial use, broadcasting or otherwise disseminating any Content in any media, without the prior written consent of
TransCanyon, is strictly prohibited. For example, you may not post any Content from the Site to news groups, list serves
or electronic bulletin boards, or copy, transcribe, redistribute, retransmit or rebroadcast any webcasts or other audio
Content, in all or in part. TransCanyon reserves the right to restrict access to this Site and add, discontinue or
modify any authorizations to use the Site.
You may create a hypertext link to the home page of this Site provided you do not state or imply that TransCanyon
sponsors or endorses your site. Please send TransCanyon prior written notification of your intention to link to our
Site. Links to pages in this Site other than to the home page (otherwise known as deep-linking) require TransCanyon’s
written permission.
Privacy and Security
Personal information collected on this Site is governed by the TransCanyon Privacy Policy, which is incorporated herein.
By accessing or using this Site, you acknowledge that you have read and agree to the Privacy Policy. We may change the
Privacy Policy at any time without notice or obligation. You should therefore periodically review the Privacy Policy.
We take reasonable steps to protect your personal information from unauthorized parties. However, technology is not
failproof. It may be possible for an unauthorized person to gain access to your information notwithstanding our security
measures. Therefore, please note that you enter information in this Site at your own risk.
Access Restrictions
This Site is offered and available to users who are 13 years of age or older and reside in the United States or any of
its territories or possessions. By using this Site, you represent and warrant that you meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Links to Other Sites (Third Party Sites)
There may be links on our Site that take you to websites that are not owned and operated by TransCanyon, but are owned
and operated by third parties (Third-Party Sites). TransCanyon is not an agent, partner, sales representative, or
distributor for the owners or operators of these Third-Party Sites.
When you visit Third-Party Sites, you will be subject to the privacy policy and terms of use that are posted on that
Third-Party Site. We encourage you to review the Third-Party Site's privacy policy and terms of use whenever you visit
these websites.
Although these Third-Party Sites offer content, goods, or services (Third-Party Goods and Services) that we believe may
be of value to Site users, TransCanyon provides these links only as a convenience and TransCanyon’s inclusion of a link
to a Third-Party Site does not imply TransCanyon’s endorsement of that Third-Party Site, or the Third-Party Goods and
Services. TransCanyon reserves the right to change or discontinue, without prior notice, any link or program it has with
such Third-Party Sites.
The purchase of any Third-Party Goods and Services arising from or related to your visit to any Third-Party Site is
solely between you and the third party owning or operating the Third-Party Site, and TransCanyon shall have no
obligation regarding any such transaction. TransCanyon does not represent or warrant the correctness, validity,
accuracy, or reliability of any Third-Party Sites or Third-Party Goods and Services. You bear all risks and
responsibilities associated with your use of Third-Party Sites and Third-Party Goods and Services, and you agree that
TransCanyon shall not be directly or indirectly liable for any damages that arise from your use of Third-Party Sites or
Third-Party Goods and Services.
Email and Other Information Submissions
While we appreciate receiving email from our Site visitors, please note that information transmitted via email is not
secure and will not be treated as confidential. Although TransCanyon takes reasonable precautions to ensure no viruses
are present in emails it sends and receives, we advise you to use up-to-date virus scanning software on your computer to
further reduce the risk of encountering a virus. Please note that TransCanyon accepts no responsibility or liability for
any loss or damage arising from the use of email or their attachments, or for any viruses or errors or delays in the
contents that result from email transmissions.
Online Conduct
You agree to use this Site only for lawful purposes. As such, you are prohibited from posting on or transmitting through
this Site any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise objectionable or illegal material of any kind. If
TransCanyon is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by
you, TransCanyon may investigate and, in its sole discretion, remove or request the removal of such material.
TransCanyon may disclose any material or electronic communication of any kind and the sender of such material or
communication (a) to satisfy any law, regulation, or government request; (b) if TransCanyon deems such disclosure
necessary or appropriate to operate this Site or TransCanyon; or (c) to protect the rights or property of TransCanyon,
its parent, subsidiaries, affiliates, suppliers, other Site users or third parties.
By using the Site, you agree not to send or transmit any material that contains viruses or any other computer code,
files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks
connected to the Site or to violate any of the procedures, policies, or regulations of networks connected to the Site,
the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the
Site; (2) engage in any activity in connection with the Site that is fraudulent, unlawful, false or misleading,
libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit,
offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Site for
any unlawful purpose; (4) resell or export the software associated with the Site; (5) use the Site for any commercial or
political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or
source relating to the Site; (7) interfere with the proper operation of any security measure used by the Site; (8) cause
to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes,
covers, or otherwise inhibits the full display of the Site; or (9) use any crawl, index, spider, click spam, macro
programs, deep-link, page-scrape, robot, Internet agent, or other automatic device, program, algorithm, or methodology
which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store
information, search or generate searches, or monitor any portion of the Site.
TransCanyon reserves the right to prohibit your conduct, communication, and material on this Site that it deems in its
sole discretion to be harmful or that violates the Agreement or any applicable law. Notwithstanding the foregoing,
neither TransCanyon, nor its parent, subsidiaries, affiliates, officers, directors, employees, suppliers or agents shall
assume liability for any action or inaction with respect to conduct, communication, or user material on this Site.
Governing Law
TransCanyon operates this Site from its offices in the state of Arizona, USA. This Agreement is entered into in the
State of Arizona and it shall be interpreted, construed and governed by the laws of the State of Arizona, without
reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement or resulting
from a Site visitor's access or use of the Site shall lie exclusively in the State and Federal Courts located in
Maricopa County, Arizona, and you hereby consent to the personal jurisdiction of such courts. Any cause of action you
may have with respect to this Site, its Content, or any Third-Party Goods and Services must be commenced within one (1)
year after the claim or cause of action arises.
General Provisions
TransCanyon's failure to require or enforce strict performance of any term or condition of this Agreement or to exercise
any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of TransCanyon's right
to assert or rely upon any such provision or right in that or any other instance.
In the event any portion of this Agreement (including any portion of any agreement that is referenced by, in or to this
Agreement) is found to be illegal or unenforceable, that portion shall be severed from the Agreement, and the remaining
terms shall be separately enforced to the maximum extent permissible so as to effect the intent of this Agreement.
Visitors to this Site shall at all times comply with all applicable laws, rules and regulations that may apply to
visitor's use of this Site.
TransCanyon reserves the right to modify or, temporarily or permanently, discontinue this Site with or without notice to
you. You agree that TransCanyon shall not be liable to you or any third party for any damage or loss caused or alleged
to be caused by or in connection with the modification or discontinuance of this Site.
Your use of this Site is subject to the additional disclaimers and notices that may appear throughout the Site, and any
other agreements between TransCanyon and you regarding information available on, in or through this Site. This
Agreement, including all other documents, disclaimers, agreements and notices referenced herein and in the Site,
represent the entire understanding between you and TransCanyon regarding your use of this Site, and supersedes any prior
statements or representations. You agree to be bound to this Agreement by your use of the Site.