The TransModern

 

news for the transmodern age & beyond

Tuesday September 18 2018 02:19:06 PDT

Terms and Conditions

1. Introduction

TheTransmodern.com, including subsidiaries and affiliates ("Website" or "TheTransmodern.com" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) and your agreement to use and use of this Website is subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. If you do not agree with these terms then please do not use the Website.

2. Information content on the Website

2.1 While every effort is made to update the information contained on this website, neither TheTransmodern.com nor any third party or data or content provider make any representations or warranties, whether express, implied in law or otherwise, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. TheTransmodern.com reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice, and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find a error or omission at this site, please let us know.

2.2 The information on this Website is made available for informational purposes only. While we hope and believe the information will be helpful, we cannot warrant that the information on this site is accurate or complete.

3. Trademarks, Trade Names, Logos and Service Marks

Unless otherwise noted or as is evident from use in context, the trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of TheTransmodern.com. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of TheTransmodern.com.

4. External Links

External links may be provided for your convenience, but they are beyond the control of TheTransmodern.com and no representation is made as to their content. TheTransmodern.com does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. TheTransmodern.com reserves the right to deny use of its website links to users and third parties on other sites.

5. Public Forums and User Submissions

TheTransmodern.com is not responsible for any material submitted to the public areas by you or any other user that include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material submitted (whether submitted by you or any other user) is not endorsed, reviewed or approved by TheTransmodern.com. TheTransmodern.com reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if TheTransmodern.com becomes aware and determines, in their sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:

5.1 Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 Post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of TheTransmodern.com's and/or a third party's computer system and/or network;

5.4 Violate any copyright, trademark, other applicable US or international laws or intellectual property rights of TheTransmodern.com or any other third party; or

5.5 Submit contents containing marketing or promotional material which is intended to solicit business.

5.6 TheTransmodern.com requires users to respect our copyrights, and those of our affiliates and partners, we also respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent at This contact information is only for suspected copyright infringement. Any personal information you provide in your email will be used only for purposes related to your email.

5.7 You agree to indemnify and hold harmless TheTransmodern.com, and its directors, officers, managers, employees, shareholders, agents, and licensors from and against all losses, expenses, damages and costs, including, but not limited to, any indirect, consequential or special damages, punitive damages and reasonable attorneys’ fees, resulting from any violation of this Agreement, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

6. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify TheTransmodern.com against any loss, liability, damage or expense of whatever nature which TheTransmodern.com or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. No Warranties

THETRANSMODERN.COM MAKES NO WARRANTIES, REPRESENTATIONS, STATEMENTS OR GUARANTEES (WHETHER EXPRESS, IMPLIED IN LAW OR EQUITY) REGARDING THE WEBSITE, THE INFORMATION CONTAINED ON THE WEBSITE, YOUR OR YOUR COMPANY'S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. YOU UNDERSTAND AND AGREE THAT THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.

8. Disclaimer of Liability.

THETRANSMODERN.COM SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE WEBSITE, ANY INFORMATION CONTAINED ON THE WEBSITE, YOUR OR YOUR COMPANY'S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER THETRANSMODERN.COM NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY SHARE PRICE INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF.

9. Use of the Website.

TheTransmodern.com does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction or country. By accessing the website, you warrant and represent to TheTransmodern.com that you are legally entitled to do so and to make use of information made available via the website.

10. General

10.1 Entire Agreement.

These website terms and conditions constitute the sole record of the agreement between you and TheTransmodern.com in relation to your use of the website. Neither you nor TheTransmodern.com shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and TheTransmodern.com in respect of your use of the website.

10.2 Alteration

TheTransmodern.com may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver

No indulgence or extension of time which either you or TheTransmodern.com may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Assignments

TheTransmodern.com shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to vagueness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as though it had not been written and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

10.7 Choice of law, mandatory arbitration and venue

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these agreements, terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to choice or conflicts of law principles. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the laws of the United States in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. YOU AND THETRANSMODERN.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING.

Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by TheTransmodern.com. Any arbitration costs or fees deemed “excessive” will be paid by TheTransmodern.com.

10.8 Comments or Questions

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

Thank you for reading our Terms.

“Esoteric Savage”, “The Transmodern“ and “Infinite Ouroboros Logo” are all Trademarks owned by Esoteric Savage LLC and any unauthorized reproduction or use, without the expressed written consent of Esoteric Savage LLC, is prohibited.

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