A. COLLECTING PERSONAL INFORMATION
Trans-Century Resources may collect certain personal information from you, by necessity, when you register to use various portions of the Website, including but not limited to your name, mailing address, email address, phone number, gender, and birth date. We may also collect personal information from you when you request additional information from us or when you use areas of the Website in which users voluntarily provide content submissions or suggestions or otherwise participate in interactive online activities, including but not limited to participation in our online surveys. We may also collect information regarding your activities on the Website, including but not limited to information regarding the navigation paths you take. We may also collect user population, demographic information, traffic patterns and other information about the online activities of our users on an aggregate basis.
B. USE AND DISCLOSURE OF PERSONAL INFORMATION
We may use your personal information primarily for the purposes of marketing and promoting our programs and providing you with a customized experience on the Website. We may also use your personal information to provide you with information and customer service, to notify you of changes to the Website and to respond to your request for information. We do not sell your personal information to any unaffiliated third parties and we generally do not share your personal information with any third parties other than our affiliates and other third parties with whom we have a close relationship who agree to protect the privacy of the information in the same manner we do. We may also disclose our users’ personally identifiable information in special cases when we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with TCR’s rights or property, other users of the Website, or anyone else that could be harmed by such activities. We may also disclose your personally identifiable information when we believe in good faith that the law requires it or for administrative and other purposes that we deem necessary to maintain, service, and improve the Website. The description of our use of your personally identifiable information above is not exclusive.
C. CONTACTING TRANS-CENTURY.COM
If you opt-in to receive promotional material, we may send you newsletters and other materials from time to time containing information that we think may be of interest to you. If you later decide you do not wish to receive any further marketing materials, you may optout of receiving future mailings by sending an email to jmzimmerle[at]trans-century.com . Please be aware that we may contact you for administrative purposes, to notify you about important changes to the Site or to respond to your inquiries, even if you unsubscribe from our mail list.
Most Web browsers automatically accept cookies, but you can usually change your browser settings to prevent it. However, if you choose to disable our cookies, you may not be able to use certain features of the Website. In some cases we may also track or collect information about your use of the Website by small, 1-pixel gifs (Web bugs), the numeric address assigned to the computer you are using (your IP address) or by the URLs that you come from or leave to. These methods allow us to analyze trends across the Website, such as which of our Web pages are most popular and to track your behavior on the Website, such as which articles you choose to read. We also use this information to resolve server problems and to administer the Website. Generally, we use this information for internal analysis and do not associate this information with any other personally identifiable information that you may have provided us.
E. ACCESSING AND CORRECTING YOUR INFORMATION
If you would like to review, update or correct the personal information you have provided to us, you may do so by notifying us by electronic message at jmzimmerle[at]trans-century.com.
F. LINKS AND SERVICE PROVIDERS
G. MODIFICATIONS TO THE POLICY
H. SECURITY OF PERSONAL INFORMATION
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the registration process for various parts of the Website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TCR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TCR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TCR, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Website. Trans-Century Resources does not control all of the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TCR be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
You agree to not use the Website to:
A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, , defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an TCR official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
E. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
F. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
G. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
H. upload, post, email, transmit or otherwise make available any material that contains software 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;
I. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
J. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
K. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
L. “stalk” or otherwise harass another; or
M. collect or store personal data about other users.
You acknowledge that TCR may not pre-screen Content, but that TCR and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Website. Without limiting the foregoing, TCR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TCR or submitted to TCR in all parts of the Website. You acknowledge and agree that TCR may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TCR, its users and the public. You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Website, data or content found on this site, in any case without the prior written permission of TCR. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on the Website to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes a burden or load on our infrastructure that TCR deems in its sole discretion to be unreasonable or disproportionate to the benefits TCR obtains from your use of the site.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON TRANSCENTURY.COM
Trans-Century Resources does not claim ownership of Content you submit or make available for inclusion on the Website. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Website, you grant TCR the following worldwide, royalty free and non-exclusive license(s), as applicable: With respect to all Content you submit or make available for inclusion on publicly accessible areas of the Website, including and not limited to photos, graphics, audio or video, theperpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Website are those areas of the TCR network of properties that are intended by TCR to be available to the general public.
You agree to indemnify and hold TCR, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Service, your connection to the Website, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Service thereon, or access to the Service thereon.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TCR may establish general practices and limits concerning use of the Website and the Service thereon, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by TCR, the maximum number of email messages that may be sent from or received by an account on the Website, the maximum size of any email message that may be sent from or received by an account on the Website, the maximum disk space that will be allotted on TCR’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that TCR has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Website. You acknowledge that TCR reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TCR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Trans-Century Resources reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TCR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TCR, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if TCR believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Trans-Century Resources may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TCR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TCR shall not be liable to you or any third-party for any termination of your access to the Website.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TCR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TCR has no control over such sites and resources, you acknowledge and agree that TCR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TCR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. TRANS-CENTURY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Website and any necessary software used in connection with the Website (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TCR or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. Trans-Century Resources grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by TCR for use in accessing the Website.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TCR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TCR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THRTCRGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YTCRR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. Trans-Century Resources may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website.
20. COPYRIGHTS AND COPYRIGHT AGENTS
A. USE OF DOCUMENTS
Permission to use Documents (such as press releases, datasheets and FAQs) from the Website is granted, provided that (1) both TCR’s copyright notice and this permission notice appear (unless otherwise noted), (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made (unless otherwise noted). Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The term “Documents” as used in this section do not include the design or layout of the Website. Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TCR website may be copied or retransmitted unless expressly permitted by TCR.
B. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to TCR’s Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TCR THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Written notification must be submitted to the following Designated Agent:
Trans-Century Resources, P.O. Box 505, Spanish Fork, UT 84660, jmzimmerle [at] trans-century.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in (1) through (6) above, Trans-Century Resources shall:
1. remove or disable access to the material that is alleged to be infringing;
2. forward the written notification to such alleged infringer (“Subscriber”);
3. take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification: Trans-Century Resources is not liable to Subscriber for removal or disabling the material. If Subscriber believes that the removal or disabling was in error, Subscriber must provide TCR with a counter-notification to have the materials replaced. To be effective, a Counter Notification must be a written communication provided to the TCR’s Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. 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;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in (1) through (4) above, Trans-Century Resources shall:
1. promptly provide the Complaining Party with a copy of the CounterNotification;
2. inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system.
21. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and TCR and govern your use of the Website, superceding any prior agreements between you and TCR. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and TCR shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and TCR agree to submit to the personal and exclusive jurisdiction of the courts located within U.S. District Court for the District of Utah. The failure of TCR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to jmzimmerle[at]trans-century.com
24. ATTORNEY’S FEES.
If TCR or its affiliates take any action to enforce the TOS , such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
25. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of any of the TOS will cause such damage to TCR as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that TCR shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by TCR in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.