Terms of Use

1.0 - Web Site Terms of Use:
Transparency Laboratories makes the materials on this Website (”Site”) including all information, documents, communications, files, text, graphics, software, and products included on this Site (collectively “Materials”), available for your use subject to the terms of use set forth in this document and any changes to this document made by Transparency Laboratories from time to time (collectively, “Terms of Use”). By downloading, installing, or using any Materials, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use, access, download, or install the Materials.

For those Materials made available for download from this Site which are accompanied by or include an end user license agreement (”License Agreement”) the License Agreement will prevail over these Terms of Use. Certain third party Materials made available for download from this Site will be accompanied and governed by License Agreements between you and a third party (”Third Party Agreements”). Transparency Laboratories is not a party to such Third Party Agreements and Transparency Laboratories’s liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms of Use. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.

2.0 - Ownership; Restrictions:
The copyright and ownership interests in all Materials is held by Transparency Laboratories and its suppliers and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

3.0 - Term; Termination:
These Terms of Use are effective until terminated by Transparency Laboratories. Transparency Laboratories may terminate these Terms of Use with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms of Use shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms of Use, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms of Use will survive.

4.0 - Disclaimer:
You acknowledge and agree that the Materials are provided to you on an “as is” basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.

No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

5.0 - Trademarks:
The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of Transparency Laboratories and others. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Transparency Laboratories trademark, service mark or logo used or displayed in the Materials without the prior express written permission of Transparency Laboratories. When used with Transparency Laboratories’s permission, all trademarks must be identified as trademarks of Transparency Laboratories using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of Transparency Laboratories in a footnote at the end of the communication.

6.0 - Patents:
Transparency Laboratories technology and products, including products that may be available as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.

7.0 - Forward-Looking Statements:
The Materials may contain projections or other forward-looking statements relating to future events, future products or the future performance of Transparency Laboratories. Such statements are only predictions and subject to certain risks and uncertainties. Consequently, actual events or results may differ materially.

8.0 - Personal Information:
Information submitted to Transparency Laboratories through the Site is governed by Transparency Laboratories Privacy Policy.

9.0 - User Submissions:
Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Site will be considered confidential or proprietary. All such material becomes the exclusive property of Transparency Laboratories, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.

10.0 - Links to Other Sites:
Transparency Laboratories makes no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. The presence of links to non-Transparency Laboratories sites or materials does not imply that Transparency Laboratories endorses or accepts responsibility for the content or use of such sites or materials.

11.0 - Access to Password-Protected or Secure Areas:
Transparency Laboratories may restrict some areas of the Site to authorized users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.

12.0 - Third Party Products and Services:
This Site mentions third party products and services for informational purposes. Transparency Laboratories makes no recommendations or endorsements about any third party products or services.

13.0 - LIMITATION OF LIABILITY:
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL TRANSPARENCY LABORATORIES OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF TRANSPARENCY LABORATORIES OR AN TRANSPARENCY LABORATORIES REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

14.0 - General:
This Site is controlled by Transparency Laboratories from its offices within the State of California, United States of America. Transparency Laboratories makes no representation that the Materials are appropriate for use in other locations. Any claim relating to the Materials will be governed by the laws of the State of California, notwithstanding any conflicts of law principles, and the United States of America. Any part of these Terms of Use that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms of Use without the prior written consent of Transparency Laboratories. Any attempted assignment or transfer without such prior written consent from Transparency Laboratories shall be null and void. The headings of sections of these Terms of Use are for convenience only and are not to be used in interpreting these Terms of Use. In the event Transparency Laboratories is required to initiate legal proceedings to enforce any provision of these Terms of Use or you initiate any legal proceedings relating to these Terms of Use, the prevailing party shall be entitled to recover all reasonable attorneys’ fees from the other party. These Terms of Use constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms of Use may only be modified by Transparency Laboratories in a writing.