USER AGREEMENT 

This Transparent Links, LLC User Agreement (“Agreement” or “Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, subscriptions, and other online products and services (collectively, the “Services”) provided by Transparent Links, LLC. (“Transparent Links,” “we,” “us,” or “our”). By accessing or using any of these Services, whether your become a subscriber or not, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1 Introduction

Transparent Links is a business directory and online platform for professionals and all users alike. People use our services to find and be found for business needs, to connect with others, and find information. 

 

2 Access of Services 

Our Terms applies to any "Subscriber" or "User" to our services.  Subscribers and Users to be at least 18 years of age before using the Transparent Links Services and we will not tolerate use of these Services by anyone under the age of 18 years. Upon discovery of an individual under the age 18 utilizing the Services of Transparent Links, we will remove the account in a timely manner.

In order to access these Services and create an Account, users must:

  • Confirm they are 18 years of age or older before using Transparent Links;
  • Be established as a corporation or living within the United States of America; 
  • Have not been permanently suspended or barred from utilizing these Services in the past;
  • If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms; and
  • Agree to adhere to these policies and not hold Transparent Links, LLC accountable for any damages incurred to and/or by subscriber or user.

Our registered users ("Subscribers") share their professional identities, engage with their network, post, view relevant content, and find business contact information. Content and data on our services are viewable to non-subscribers ("End-users" or “Users”).

 

3 Use of Services

Subject to your complete and ongoing compliance with these Terms, Transparent Links provides a Subscriber, Account holder or End-Users a non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use of the Services. We reserve all rights not expressly granted to you by these Terms.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
  • access the Services or Content in order to build a similar or competitive website, product, or service.

Although many of the Services provided are automated and require little to no intervention, human errors may occur.  If an error does occur, whether by the programming or human error, notify Transparent Links immediately utilizing the contact information in this Agreement.

Transparent Links is always improving its Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

 

4 Account Security

To use certain features of our Services, you will be required to create a user account (an “Account”) and provide us with a username, password, and certain other information about yourself and/or your corporate entity.

In order to protect the information provided to us, Transparent Links has enhanced features around and within that help reduce malicious actions.  These enhanced features include, but are not limited to, the following:

  • Transparent Links uses current antivirus software to assist with scanning subscriber's website and subscriber’s "App" "Apps." where applicable.
  • Transparent Links uses a cloud service provider with built in security and two factor authentication in place to secure any subscriber video files uploaded during the process of activating a subscriber’s subscription, should a video subscription be in request.
  • Transparent Links uses various publicly accessible links to check the subscriber’s uploaded links to the Transparent Links App. Transparent Links will use a combination of search types to search for current activated sites, viruses, malware, and active "Secure Sockets Layer" SSL certificates to the best of Transparent Links’ ability before the subscriber can be activated.

Transparent Links takes additional steps to protect your Account and information.  These additional steps include, but are not limited to, the following:

  • Transparent Links does not collect or hold credit card information for payments.
  • All payments are made through a secured third-party platform.
  • Transparent Links does not currently share subscribers' information.

However, Transparent Links does not take these following steps:

  • Transparent Links does not perform any criminal background or credit checks.
  • Transparent Links does not confirm the license status of any company or person who places a Subscription or Account with Transparent Links in any state or territory.

Furthermore, you are solely responsible for the information associated with your Account and anything that happens related to your Account or Subscription. You must maintain the security of your Account and immediately notify Transparent Links if you discover or suspect that someone has accessed your Account or information without your permission. Transparent Links will not be held liable for and does not notify subscribers of subscriber’s uploaded Website, App, Apps, Map, E-mail, Videos, Widgets, Phone Number or any other uploaded content for inaccuracies. Any and all Subscriber or Account information is the responsibility of the individual or entity for accuracy.

Transparent Links will deny Subscriber or Account holders if malicious activities have been discovered.  

Transparent Links does not guarantee the subscriber’s linked site as valid or virus, malware free, the "Secure Sockets Layer" SSL certificate is valid, or in any way free from any destructive effects. Transparent Links will not be liable and does not guarantee in any way that all information provided by the subscriber is valid or accurate.

 

5 Content

The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account or Subscription (“Your Content”). We take no responsibility for, and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content. 

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. 

You retain any ownership rights you have in Your Content, but you grant Transparent Links the following license to use that Content.

When Your Content is created with or submitted to the Services, you grant Transparent Links a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

As with similar sites where videos and other items may be uploaded by others, there is a possibility that the site may contain pictures, graphics, animations, or videos that may negatively impact those with light sensitivity, seizure, and other physical sensitivities.  With this in mind, be aware that you are utilizing this site at your own risk and will hold Transparent Links harmless for any and all damages or negative physical effects that may occur.

Any ideas, suggestions, and feedback about Transparent Links or our Services that you provide to us are entirely voluntary, and you agree that Transparent Links may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms or if you otherwise create or are likely to create liability for us.

 

6 Third-Party Content, Advertisements, and Promotions

The Services may contain links to third-party websites, products, or services which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, services or feedback. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Transparent Links, and the rules for your Promotion must require each entrant or participant to release Transparent Links from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your promotion, and you agree to conduct your Promotion at your own risk.

6.1 Hyperlinking to Content

6.1.1 The following organizations may link to Transparent Links’ website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations; or
  • Online directory distributors may link in the same manner as they hyperlink to the Websites of other listed businesses; and

These organizations may link to Transparent Links’ home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

6.1.2 Transparent Links may consider and approve other link requests from the following organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals; and
  • educational institutions and trade associations.

Transparent Links will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Transparent Links LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in Section 6.1.2 above and are interested in linking to our website, you must inform us by sending an e-mail to the contact information in this Agreement. Please include your name, the organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Expect to wait 2-3 weeks for a response.

6.1.3 Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Transparent Links LLC's logo or other artwork will be allowed for linking without the express authorization in writing by Transparent Links.

 

7 Subscribers and End-user Policies and Etiquette

When using or accessing Transparent Links, whether as a Subscriber or an End-user, you must comply with all Terms and all applicable laws, rules, and regulations, which are incorporated by this reference into, and made a part of, these Terms and contain rules about prohibited content and conduct.

  1. Prohibited Conduct
    As a Subscriber or End-user of Transparent Links, you are prohibited from the following actions:
  • Creating a false identity on Transparent Links, misrepresenting your identity, creating a “Subscribers” profile for anyone other than yourself (a real person) or use or attempt to use another’s account;
  • Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons or any other technology) to scrape the services or otherwise copy profiles and other data from the services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the service (such as caps on keyword searches or profile views);
  • Copy, use, disclose, or distribute any information obtained from the services, whether directly or through third parties (such as search engines), without the consent of Transparent Links;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  • Violate the intellectual property or other rights of Transparent Links, including, without limitation, (i) copying or distributing materials or (ii) copying or distributing our technology, unless it is released under open­source licenses; (iii) using the combined words "Transparent Links" or our logos in any business name, email, or URL;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by Transparent Links without our express consent;
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the services or related data or access to the same, without Transparent Links’ consent;
  • Deep link to our services for any purpose other than to promote your profile or a Group on our services, without Transparent Links’ consent;
  • Use bots or other automated methods to access the services, add or download contacts, send, or redirect messages;
  • Monitor the services' availability, performance, or functionality for any competitive purpose;
  • Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the services;
  • Overlay or otherwise modify the services or their appearance (such as by inserting elements into the services or removing, covering, or obscuring an advertisement included on the services);
  • Interfere with the operation of, or place an unreasonable load on, the services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or isolate the Professional Communities Policies or any additional terms concerning a specific service that are provided when you sign up for or start using such service,
  • Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Service;
  • Use services under the age of 18 years old;
  • Engage in activities that harass, harm, mislead, destruct, or disrupt all business activities of Transparent Links, website, social media sites, employees, and representatives.
  • End-users agree not to engage in illegal activities that harass, harm, mislead, destruct, or disrupt any and all business activities of subscribers of Transparent Links. Through the Transparent Links App., website, social media sites, media outlets, e-mails, or phone systems.
  • Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
  • Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
  • Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights;
  • Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms; or
  • Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Transparent Links or any payment system.

Should it be known that Subscribers or End-users, have been or are currently active as a subscriber is abusing, violating, or misrepresenting any information given to Transparent Links LLC., or Transparent Links affiliated websites, social media sites, or employees will have their subscription removed within a timely manner and not be reinstated with a subscription service upon review of any incidents, and/or will be prosecuted according to the law.

Should it be known anyone, or anyone representing a company as a subscriber who is or has attempted to defile, destroy, misrepresent, corrupt any of Transparent Links Apps, websites, internal working system, marketing sources or peripheral devices will have their subscription removed within a timely manner and/or will be prosecuted according to the law.

We encourage you to report content or conduct that you believe violates these Terms. 

 

8 Copyright, Trademark, the DMCA, and Takedowns

Transparent Links respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes upon a known copyright, trademark, tradename, or intellectual property of another, please notify us immediately.  However, if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Transparent Links for certain costs and damages.

If we remove Your Content in response to a copyright or trademark notice, we will notify you via email. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via email contact@transparentlinks.com.

 

9 Intellectual Property

The Services are owned and operated by Transparent Links. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Transparent Links are protected by intellectual property and other laws. Transparent Links reserves all rights to the Materials not granted expressly in these Terms.

 

10 Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold Transparent Links, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 

11 Disclaimers and Limitation of Liability

11.1 No Warranty

Transparent Links and its affiliates MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND" AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TRANSPARENT LINKS AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS TRANSPARENT LINKS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), TRANSPARENT LINKS, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

TRANSPARENT LINKS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO TRANSPARENT LINKS FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1,000.

11.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section are part of the basis of the bargain between you and Transparent Links and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if Transparent Links or its affiliates has been told of the possibility of any such damage, and even if these remedies fail in their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence, or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this contract and to the extent that they are typical in the context of this contract.

 

12 Termination

We can each end this contract, but some rights and obligations survive.

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services.  If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

To the fullest extent permitted by applicable law, we may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or other written policies.

On termination, you lose the right to access or use the services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • "Subscriber" and/or "End-user" rights to further re-share content and information you shared through the services;
  • Sections of this Agreement where legal obligations continue after termination;
  • Any amounts owed by either party prior to termination remain owed after termination; such as Sections 10, 11,12 and 14

 

13 Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

 

14 Miscellaneous

14.1 Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, depending on where you live, you and Transparent Links agree to resolve it in Arizona courts using Arizona law.

For others outside of Designated Countries, including those who live outside of the United States, you and Transparent Links agree that the laws of the State of Arizona, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the services. You and Transparent Links both agree that all claims and disputes can be litigated only in the federal or state courts in Pinal County, Arizona, USA, and you and Transparent Links each agree to personal jurisdiction in those courts.

14.2 Enforceability

If a court with authority over this contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this contract.

This contract (including additional terms that may be provided by us when you engage with a feature of the services) is the only agreement between us regarding the services and supersedes all prior agreements for the services.

If we do not act to enforce a breach of this contract, that does not mean that Transparent Links has waived its right to enforce this contract. You may not assign or transfer this contract (or your membership or use of services) to anyone without our consent. However, you agree that Transparent Links may assign this contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.