Terms of Use (Effective June 30, 2019)
Welcome to Trasers. These TOU specify the terms and conditions for your access to and use of the www.trasers.com site or your use of our app for mobile and handheld devices (the “Site” or “Portal”) and various related services and Content. This Site is maintained as a service to our customers. By using the Site, you agree to comply with and be bound by the following terms and conditions of use (“TOU”). Please review these TOU carefully. If you do not agree to these TOU, you should not use this Site. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SITE, OR ANY SERVICES OR CONTENT MADE AVAILABLE ON THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU.
References to our “Affiliates” include our owners, subsidiaries, affiliated companies, licensors, licensees, officers, directors, employees, agents, suppliers, partners and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Site and its Content.
1. Agreement. “Content” means any and all documentation, material and/ or information which is made available to you, or which you have access to from our Site. In addition, access to certain Content is subject to additional terms and conditions applicable to such Content (“Additional Terms”) and those Additional Terms supersede these TOU with respect to such Content. In addition, your use of the Site is subject to any posted policies, guidelines or rules applicable to use of the Site, including, but not limited to, our Privacy Policy, which can be found at _____________. All such policies, guidelines and rules are hereby incorporated by reference into these TOU. These TOU may be modified at any time by us upon posting of the modified TOU. Any such modifications shall be effective immediately. It is your responsibility to review the Site periodically and to be aware of any modifications. Each use by you shall constitute and be deemed your unconditional acceptance of the most current version of these TOU.
2. Access to Site and Content and Restrictions. All Content is protected by copyright and other intellectual property rights laws in the United States and other countries. No right, title or interest in any Content is transferred to you when you access any of our Content. While some Content is available to everyone, much of our Content requires you to have a subscription. Three (3) different subscription types are available and all subscriptions are governed by Trasers’ Subscription Terms and Conditions, the current version of which can be found at _____________:
(a) Individual subscription. An individual can subscribe to access the Content;
(b) Group subscription. A specific group or organization can subscribe to Content; or
(c) Enterprise subscription. Companies or organizations can subscribe to Content across all functions.
Regardless of the form of subscription, your license to the Content will be restricted to the specific number of users for which you have purchased a subscription. Your license permits you to access and view the Content for your internal business use only, subject to any limitations specified in the Additional Terms. Trasers does not grant to you any right to publish, reproduce, display or use the Content by any means, method or media now known or hereafter to become known, except that you may provide quotes from the Content with proper attribution to Trasers and consistent with fair use guidelines under copyright law. Trasers does not grant You any right to modify, create derivative works of, license or sublicense the Content in whole or in part.
You shall not: (a) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Site or any part thereof or otherwise attempt to discover any source code or modify the Site; (b) access or use the Site to circumvent or exceed your account limitations or requirements; (c) license, sublicense, sell, resell, use as a service bureau, or otherwise use the Content or Site for a third party’s benefit; (d) transfer, assign, distribute or otherwise make the Site or Content, available to any third party; (e) modify or make derivative works based the Content, (f) use the Site or Content for the purpose of building a similar or competitive product or service, (g) obtain unauthorized access to the Site or Content; (h) use the Site or Content in a manner that is in violation of any third party rights of privacy or intellectual property rights; or (i) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Site. All trademarks, service marks and logos, appearing in this Site are the property of Trasers or its licensors. You agree to not remove, alter or obscure any copyright, trademarks or other proprietary rights notices contained on any Content, or any other information or data on the Site.
The use of this Site is at our sole discretion and we may terminate your use of this Site at any time without notice. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
3. Registration. In order to receive access to certain Content, you will be required to have a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information to keep it current, complete and accurate. You also grant us the right to disclose to third parties your Registration Data consistent with the Privacy Policy. You are solely responsible for maintaining the confidentiality of your password and account and for any and all acts or omissions that occur through the use of your password and account, including any communications sent and any charges incurred. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
4. Conduct on Site. Your use of the Site is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Site . By posting information in or otherwise using any chat room, message board or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of chat rooms, message boards or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these TOU and any other rules of user conduct for our Site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Copyrights” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
Please note that we constantly monitor activity on the Site, including all subscription related services that we provide. If we see indications that these Terms (or our other policies) are being violated, we may contact your organization or ask you to investigate your use of our Site and Content and provide us with information to validate that your use is consistent within your contractual entitlement. We reserve the right at our sole discretion to terminate or limit access to our Site and Content as a result of such non-compliance.
5. Intended Audience. This Site and the Content are intended for adults only and are not intended for any children under the age of 13. Although this Site may be accessible worldwide, we make no representation that Content or materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any Content or service made in connection with this Site is void where prohibited.
6. Indemnification. You agree to indemnify, defend and hold us and our Affiliates, partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these TOU.
7. Disclaimer. While we make reasonable efforts to provide Content consistent with ongoing developments in the sectors specific to our business, the use of the Site is at your sole risk. This Site and all Content is provided on an "as is" and "as available" basis. TRASERS AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE CONTENT LICENSED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR BE ACCURATE, OR (4) ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE SITE WILL BE CORRECTED.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TRASERS OR ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE YOUR USE OF THE SITE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRASERS AND ITS AFFILIATES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR YOUR USE OF THE WEBSITE OR CONTENT DURING THE PRIOR TWELVE MONTHS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in TOU that directly conflict with such laws may not apply to you. Additional provisions related to your access to and use of the Site and Content are set forth in the Additional Terms.
9. Use of Information and User’s Contributions. Subject to our Privacy Policy, any communication, ideas or material that you transmit to this Site or to us, whether by e-mail or other means, for any reason; (1) will be treated as nonconfidential and nonproprietary, (2) will automatically become the property of Trasers, without any compensation to you; and (3) may be used, redistributed, modified, published, distributed and displayed worldwide, for any purpose and in any way. Subject to our Privacy Policy, you waive any intellectual property or other rights you may have with respect to such communications, ideas, or materials. You represent and warrant that you own or control all rights in and to such contributions and have the right to grant the above rights and that your contributions comply with these TOU. You understand and acknowledge that you are responsible for any contributions you submit and that you are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any user contributions submitted or posted by you or any other user of the Site. We do not accept or consider unsolicited ideas or materials, so please do not submit them to us in any circumstance. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
10. Third Party Sites and Information. This Site may link you to other sites on the Internet or otherwise include references to information, products, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products, materials and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. From time to time, this Site may include advertisements of or promotions offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
11. Your Intellectual Property Rights. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Trasers or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder’s electronic signature.
Notice may be sent to:
Assurance Team
2350 Mission College Blvd., Suite 1250, Santa Clara, CA 95054
E-Mail: [email protected]
Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification (at the address set forth above) that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of federal district court in Santa Clara County, California and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
Your physical or electronic signature.
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
12. Trademarks. Trasers, Trasers.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of trasers.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
13. Applicable Law. You agree that the laws of the State of California, without regard to conflicts of laws provisions will govern these TOU and the use of the Site and any dispute that may arise between us. Each of us agrees and hereby submits to the exclusive jurisdiction and venue of the appropriate courts in Santa Clara County, California, with respect to such matters.
14. Severability. If any provision of these TOU shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. Our failure to exercise or enforce any right or provision of TOU shall not operate as a waiver of such right or provision.
16. Notices. All notices to us must be sent in writing to the attention of Consumer Service at [email protected], if by e-mail, or at 2350 Mission College Blvd., Suite 1250, Santa Clara, CA 95054 , if by conventional mail. All notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these TOU will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) on the delivery date if transmitted by confirmed e-mail; or (6) on the date of publication if transmitted by broadcast notice.
17. Contact Information. All feedback, comments, requests for technical support and other communications relating to this site should be directed to [email protected], if by e-mail, or Trasers, Attn: Customer Service, 2350 Mission College Blvd., Suite 1250, Santa Clara, CA 95054 , if by conventional mail .
18. Entire Agreement. These TOU (including the associated policies and additional terms and conditions referenced herein) constitutes the entire agreement between us and governs the terms and conditions of your use of the Site (and Content), and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site and Content.