Terms of Use and Privacy Statement
Welcome to Transaction Commons. Transaction Commons receives, stores, and makes available for downloading documents submitted in a transaction. Your use of Transaction Commons means you are agreeing to the following Terms of Use. Please review the following information carefully. If you do not agree with these terms you should not use Transaction Commons.
1. Limited Right to Use
You have a limited nonexclusive license to use the Transaction Commons website (the “Site”) to submit and download transaction documents. You do not have the right to reproduce or modify any of the Transaction Commons content.
2. Copyright
The content, graphics, organization, design, and other matters related to this Site are protected under applicable copyright, trademark and other proprietary rights laws. Your use, copying, or reproduction of any part of the Site, except as allowed in the Limited Right of Use section, is strictly prohibited. Your posting of transaction documents on the site constitutes your authorization of Transaction Commons, LLC to use, copy, reproduce and distribute those documents.
3. Modifications
We reserve the right to edit, delete or change any of our information or content on this Site. We will not edit, delete or change information posted by a user until the completion of the transaction (See Section 11 below).
4. Nontransferable Right.
The right given to you to use the Site or obtain information, documents or content from this Site is not transferable.
5. Indemnification
You agree to indemnify, defend and hold us and our managers, members, officers and employees harmless for any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
6. Disclaimer of Limits
THE SITE IS PROVIDED “AS-IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SITE WE DO NOT GUARANTEE OR WARRANT THAT SITE CONTENT, INCLUDING MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE, DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY FOR YOUR USE OF ANY INFORMATION OR SERVICE FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCTS LIABILITY OR OTHERWISE. THE NEGATION OF DAMAGES SET
7. Use of Information; Privacy
Transaction Commons LLC, the provider of the Transaction Commons service, is committed to the privacy of information provided by its users. This section describes our information gathering and dissemination practices.
Certain individual user data provided to Transaction Commons will be available to other parties to a transaction hosted on Transaction Commons to facilitate communication among the parties. We will use our best efforts to insure that documents posted will not be disseminated to anyone other than authorized transaction participants. We reserve the right to monitor document postings and collect data on usage patterns for the purpose of product improvement.
Internet cookies are utilized on the Transaction Commons web site to authorize access to Transaction Commons and to track a user’s location. No information is extracted from a user’s computer unless it relates directly to the use of the Transaction Commons web site.
8. Trademarks
Transaction Commons™ and The Heart of the Deal™ are trademarks or registered trademarks of Transaction Commons LLC.
9. Access; Party Responsible for Payment
Access to Transaction Commons is provided to all authorized users on an equal basis (except that only individuals authorized as “administrators” may create new document categories). The party that contacts Transaction Commons to set up an account (the “Responsible Party”) will be responsible for all payments owed.
10. Prohibited Content
In connection with the use of this Site, you agree to not post (i) any material that is derogatory or defaming to any individual, group, or organization; (ii) any information, content, or images that are false, misleading, or promote illegal conduct or purpose; (iii) information, content, images, or materials that violate the intellectual property rights of others; or (iv) any materials that would violate any laws or rights of others.
11. Termination
All parties access to a transaction will be terminated at the earlier of (i) notification by the Responsible Party that the transaction is to be discontinued for all parties; or (ii) if any amount owed to Transaction Commons by the Responsible Party is more than forty five (45) days past due.
12. Acceptance
BY CONTINUING TO USE THIS SITE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT
13. Applicable Law
This Agreement shall be governed by and construed in accordance with the internal laws of the State of
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