Terms and Conditions

Welcome to our web site (this “Site”). This Site is offered for your use subject to your acceptance, without modification, of the following terms and conditions (these “Terms and Conditions”). Please read them carefully. Your use of this site constitutes your agreement to these Terms and Conditions.

Ownership

Trans Cosmos America, Inc. (“TCI”) owns this Site. We also own or license the services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these Terms and Conditions.


Copyright and Trademark Notices

This Site and all Content constitutes to the intellectual property of TCI and/or third party product or service providers. “transcosmos” and other names and designations of TCI or any of its products or services referenced on this Site are each service marks or trademarks (or registered service marks or trademarks) of TCI, its parent or affiliated companies. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in this Site and the Content are reserved to TCI.


Use of Site (General)

You may use this Site only for your own personal, lawful, non-commercial purposes. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content in violation of any applicable law, in connection with any commercial or “for profit” enterprise, or in any other manner that would conflict with these Terms and Conditions. Access to certain services on this Site is limited to members (i.e., persons who have provided us with the user information requested in our registration form). You represent and warrant that you will take all reasonable precautions to preserve the confidentiality of your personal login information and to prevent its unauthorized use. You acknowledge and agree that you will be responsible for all fees, charges, duties, taxes, and other amounts that may be imposed with respect to the use of this Site by you or by any other person using your personal login information.
TCI may at any time, in its exclusive discretion and without notice, terminate, suspend, or restrict your access to this Site or any of its components. In particular, and without limitation, your use of this Site in violation of any of these Terms and Conditions may result in the termination of your membership and/or access to this Site, as well as the taking of legal action against you.


Links To Other Sites

Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by or on behalf of persons or companies other than TCI (“Third-Party Sites”). The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between us and the owners or operators of any Third Party Site, or any sponsorship by us of any Third Party Site or its owners or operators. You acknowledge that these Terms and Conditions contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on that site.
Your use of any Third Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those terms and conditions.


Downloaded Content

If any portion of this Site enables you to download any Content, you may download one (1) copy of that Content for use on a single computer (“Downloaded Content”), provided that your use of the Downloaded Content complies with these Terms and Conditions. If the Downloaded Content contains additional terms and conditions, then your use of that Downloaded Content will be governed by the provisions of those additional terms and conditions, as well as by these Terms and Conditions. The installation or use by you of any Downloaded Content that includes additional terms and conditions will constitute your acceptance of those additional terms and conditions.
You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content, without the express written consent of the owner of the Downloaded Content. For example, and without limiting the foregoing, you may not remove or modify any copyright, trademark, or other proprietary notice displayed on any Downloaded Content, nor may you transmit or otherwise transfer any Downloaded Content to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise.


User Submissions

With respect to any design, idea, concept, suggestion, or other information you communicate to us, electronically, telephonically, in writing or otherwise (“Submissions”), you automatically, and without further action, grant to TCI a royalty-free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, license, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology.


Privacy Policy

You have read the Privacy Policy, the terms of which are expressly incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal login information by TCI and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.
Cookies and web beacons are sometimes used to collect and track this customer usage information. “Cookies” are small identifiers sent from a web server that are stored on your device’s hard drive for the purpose of identifying your browser during interactions on websites or storing information or settings in your browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. We can also use web beacons to tell if you have opened or acted upon emails that we send you.
In addition to the cookies and web beacons we deliver and use, we allow others including certain third-party analytics service providers to use cookies, web beacons, APIs (application programming interfaces), SDKs (software development kits), and other tracking tools on our Services on our behalf and to retain and use de-identified usage data received from such tracking tools for their own purposes. We also allow third parties to use usage data and tracking tools for marketing purpose. These third parties may collect information or may help us collect information about your online activities over time and across different websites, applications, and devices when you use our Services or third party websites and mobile apps that display our ads.


Disclaimer of Representations and Warranties

THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” TCI DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR THEIR RESPECTIVE CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CO DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS SITE, ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.


Disclaimer of Liability

IN NO EVENT WILL CO BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, EVEN IF CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CO WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) ANY OTHER USE OF THIS SITE, ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
If, notwithstanding the foregoing, TCI or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this site or its content, as described herein, the liability of TCI and the third party providers and distributors shall in no event exceed $100.00 (US).


Indemnification

You shall defend and indemnify TCI and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.


Export Controls

Your use of this Site is subject to applicable United States export controls. You agree not to download, export, or re-export, directly or indirectly, any Content to Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, to any national or resident of any such country, to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or to anyone on the United States Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any of the countries, and you are not identified on any of the lists, described in this paragraph.


Governing Law, Jurisdiction, Venue

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Orange County in the State of California, United States of America, with respect to all disputes arising out of or relating to the use of this Site or these Terms and Conditions. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this paragraph.


Additional Rights and Restrictions

(1) You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. (2) We reserve all rights relating to this Site or the Content not expressly granted to TCI by these Terms and Conditions. (3) If any provision of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. (4) No waiver by TCI of any provision hereof, and no failure by TCI to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by the President of TCI. (5) TCI may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site, the Travel Assistance Service or any other Content. (6) The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.


Modification and Acceptance of Terms and Conditions

You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by TCI at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.


Entire Agreement

These Terms and Conditions, as modified from time to time by TCI and accepted by you in accordance with the provisions of the preceding paragraph, constitute the entire agreement between you and TCI with respect to your use of this Site and the Content. In any proceeding to settle a dispute between you and TCI regarding your use of this Site or the Content or regarding these Terms and Conditions, as modified, if applicable, a printed version of these Terms and Conditions, as modified, if applicable, and of any electronic notice given by us to you, will be admissible to the same extent as other documents and communications originally generated or maintained in printed form.