* Updated: 02/08/2021
Introduction
These Terms of Use apply to the TransLucent Resources, LLC (“TLR”), services made available via the Internet and the TLR website, located at TransLucentResources.com (“Website”) and is a contract binding on all users of the services available via the Internet, and website Services (referred collectively as “Services”).
By directing your browser to the Website, and accessing, viewing, displaying, or otherwise using the pages on the Website, user acknowledges that they have read, understand, accept, and agree to comply with and be bound to these Terms of Use, whether or not user is a registered member of the Services. Please also read the Privacy Policy carefully to understand what is done with the personal information collected as part of your interaction with the Services. These Terms of Use, including the Privacy Policy, govern use of the Services and constitute a legal contract between user and TLR.
If you do not agree to be bound by these Terms of Use, user must immediately discontinue access to and use of the Services. Any breach of these Terms of Use immediately terminates user’s right to access and use the Services and all rights and licenses granted to user by these Terms of Use.
TLR reserves the right to modify the Terms of Use, at any time, at its sole discretion including to comply with applicable laws, regulations, and contractual obligations. If the Terms of Use is modified, all changes will be made at https://TransLucentResources.com/terms-of-use with the effective date posted so the user will always know what Terms of Use apply to their visit. These Terms of Use were last updated on 02/08/2021.
Proprietary Rights
The content provided through the Services and TLR’s licensors or suppliers, including but not limited to any mobile applications, music, photographs, videos, articles or other materials (collectively, the “Content”) and all underlying software or technology used in connection with the Services (“Technology”), including but not limited to all intellectual property rights in and to the Content and Technology, is and remains at all times the property of TLR or its licensors or suppliers, as the case may be, with all rights not explicitly granted herein reserved to TLR, or its licensors or suppliers, as applicable.
Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to user unless explicitly set forth in these Terms of Use. If user would like to use any of TLR’s Content, user must first obtain written permission from TLR by written contact at [email protected]. TLR reserves the right to refuse permission.
Provided that user is eligible to access and use the Services and agrees to abide by these Terms of Use, user is hereby granted a limited license (without the right to sublicense) to access and use the Content and the Technology, to download or print a copy of any portion of the Content to which user properly gained access solely for user’s personal, non-commercial use, if user keeps all copyright or other proprietary notices intact. User may not upload or republish Content or Technology on any Internet, intranet, or extranet site, or incorporate the information contained within the Content or Technology in any other database or compilation, and any other use of the Content or Technology is prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping, or any and all other data gathering or extraction methods.
User agrees not to modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit or sell any intellectual property or Content or Technology appearing on or through the Services, or create derivative works based on such Content or Technology, in any form or by any means, in whole or in part, without TLR’s prior written permission, unless expressly permitted elsewhere within these Terms of Use. User may not circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or Technology or enforce limitations on use of the Services, the Content, or the Technology.
Any copies of Content on the Website made by user must be retained without modification of all copyright notices and other proprietary marks. User’s failure to comply with the foregoing restrictions will result in infringement, misappropriation, or other violation of the intellectual property and contractual rights of TLR, and may result in civil and criminal penalties.
The trademarks, service marks, trade names and logos, other identifying marks of TLR (including those introduced in the future), and any third-party marks used and displayed through the Services are proprietary to TLR, its licensors, affiliates, or sponsors. User may not use these marks for any purpose without the express prior written consent of TLR. Except as expressly set forth herein, these Terms of Use do not grant to user any express, implied, or other license or right under any patent, trademark, or copyright of TLR or any third party.
Access and Use of the Services
So long as user complies with these Terms of Use, user is authorized to access and use the Services only for purposes of (i) learning more about TLR and its products or services, (ii) conducting transactions that now or in the future are offered by TLR through the Services, (iii) to otherwise communicate with TLR.
Subject to user compliance with these Terms of Use, TLR hereby grants user a limited, revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and make personal use of the Services. User is responsible for obtaining and maintaining all equipment, services, and other materials needed to access the Services.
In certain circumstances, TLR may limit access to secure, password-protected pages of the Website, Web App. Such access is restricted to authorized persons only; any attempt by user to access these areas without authorization may be subject to criminal or civil liability.
Any unauthorized use of the Services, including but not limited to misuse or any other use in violation of these Terms of Use of any information, Technology, or Content, is prohibited. TLR reserves the right, at its sole discretion, to immediately deny further or continuing access to the Services to any user, including, without limitation, any user that TLR determines has violated any aspect of these Terms of Use or Privacy Policy. TLR reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of user’s breach of these Terms of Use or any other act or omission by user that gives rise to a claim by TLR.
User agrees that (i) user will not engage in any activity related to the Services that is contrary to applicable law, regulation, or the terms of any agreements user has with TLR.
TLR makes no claims regarding use of the Services or access to the Content outside of the United States of America. Access to the Services or the Content may not be legal by certain persons or entities. If user accesses the Services or the Content from outside of the United States of America, user does so at their own risk and is responsible for compliance with the laws of the jurisdiction within which access is occurring. TLR reserves the right to block access from any country at its sole discretion.
Use Limitations
TLR provides services related to education, referrals, and support in relation to gender identity in the workplace. TLR does not provide medical services or dispense pharmaceutical care, nor does TLR offer health care insurance. Information on the Website and Web App may relate to all aspects of the services TLR does provide, While the Services are intended to facilitate user’s access to education, referrals, and support, use of the Services do not in any way guarantee success.
Links
The Website and Web App may contain links to other websites that are not operated or controlled by TLR. Use of these links to access other Internet sites is at user’s own risk. TLR is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. TLR establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website(s).
Notices and Disclaimers
THE CONTENTS OF THE SERVICES ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT TLR’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM, OR USE, THE CONTENTS OF THIS WEBSITE OR THE APP FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
USE OF THE SERVICES ARE PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES TLR PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT TO ANY GOODS AND SERVICES PURCHASED BY OR PROVIDED TO USERS OF THE SERVICES (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS OF USE AND CONDITIONS OF SALE). TLR EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE SERVICES OR ANY LINKS TO THE AFOREMENTIONED. IN NO EVENT SHALL TLR BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY USER AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED IN THE SERVICES, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES, OR ANY DEFICIENCY, DEFECT OR FAILURE TO THE SERVICES. TLR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION TO, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF USER RELIANCE ON THE INFORMATION PROVIDED IN THE SERVICES AND THE USE OR INABILITY TO USE THE SERVICES, EVEN IF TLR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION IN THE SERVICES OR ANY GOODS OR SERVICES OFFERED FOR SALE ON THIS WEBSITE OR WEB APP SHALL BE TO REQUEST THAT TLR CORRECT THE MATTER OR, IF TLR FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICES AT USER’S OPTION. WITHOUT IN ANY WAY CONCEDING THAT TLR CAN HAVE ANY FINANCIAL LIABILITY TO USER WHATSOEVER, IN NO EVENT SHALL TLR’S LIABILITY EXCEED AN AMOUNT EQUAL TO ALL FEES PAID BY USER TO TLR IN CONNECTION WITH USE OF OR ACCESS TO THE SERVICES, CONTENT, AND TECHNOLOGY. TLR DOES NOT HAVE A DUTY TO UPDATE INFORMATION OR PRICING CONTAINED IN THE SERVICES, AND TLR WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.
Indemnity
User agrees to defend, indemnify, and hold TLR, its officers, directors, employees, agents, and representatives harmless from and against any claims, actions, causes of action, demands, liabilities or settlements, including without limitation attorneys’ fees (collectively the “Claims”), resulting from, or alleged to result from, user violation of these Terms and Conditions of Use, including without limitation, Claims arising out of or resulting from user submission of personally identifiable information or personal health information relating to user or any third party.
Laws and Regulations
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to its conflict of law provisions. Any legal proceedings relating to these Terms of Use or the Services shall be initiated in a state or federal court located in Florida and user hereby consents to the exclusive jurisdiction of such courts.
Use of the Services is governed by all applicable laws and regulations of the United States of America and any state and locality having jurisdiction. Information on the Website or Web App may be subject to U.S. export and re-export control restrictions. Use of the Services may be subject to the laws of other countries if user is not located in the United States of America.
If any of the provisions of these Terms of Use are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of these Terms of Use. Moreover, user and TLR agree that the tribunal holding any such provision to be invalid or unenforceable shall have the authority to, and shall, amend such provision to have the legally enforceable meaning that is as close as possible to the intent of the original provision stated herein.
The failure of TLR at any time to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of such provision, or of any other provision hereof, or of TLR’s right to thereafter enforce any provision hereof.
Complete Agreement
These Terms of Use represent the entire agreement between user and TLR regarding use of the Services, Content, and Technology. These Terms of Use can be altered or amended at any time, without notice, by TLR by posting such changes to the Website. By visiting the Website or Web App at any time, user shall be deemed to have confirmed and accepted all such changes posted to this Website. User agrees to discontinue use of the Services immediately if user does not agree to any such changes to these Terms of Use.
