Last Updated: August, 2011
ATTENTION: Welcome to Transcender.com ("Transcender Site"), the Web
site for Transcender, a division of Kaplan, Inc. This User Agreement, including our
Please read this User Agreement carefully, because by visiting or using the
Transcender Site, you agree to follow its rules. From time to time we may modify
these rules. We will notify you of any significant change by posting a notice on
our home page and information collection forms. Your continued use of the
Transcender Site after any modification indicates your agreement to the new
describes how Transcender handles any personally identifying information
collected from visitors to this Transcender Site.
Web Site Materials. Copyright on this Transcender Site and all materials
included in it is owned by or licensed to Kaplan IT, Inc. and all rights are
reserved. You must abide by all copyright notices and restrictions contained on
the Transcender Site. You may not copy, distribute, enter into a database,
display, perform, create derivative works of, transmit, or otherwise use any
materials from the Transcender Site (including computer programs or other code)
("Site Materials"), except that you may (a) download Transcender Software that
you have purchased for use strictly in accordance with the terms of our License
Agreement; (b) make one machine-readable copy of the Site Materials only for
personal, non-commercial use, and only if you do not alter the text or remove
any trademark, copyright, or other notice displayed on the Site Materials.
Transcender Software. Any software that is made available to download from
the Transcender Site ("Transcender Software") is the copyright protected
property of Kaplan IT and may be used only in accordance with the terms and
conditions set forth in the license agreement that accompanies or is included
with the Transcender Software ("License Agreement").
The Software is made available for downloading solely for use by end users
according to the terms of the License Agreement. Any unauthorized use, and any
reproduction or redistribution of the Software (except in strict compliance with
the License Agreement) is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING IN ANY WAY, COPYING OR REPRODUCTION OF
ANY SOFTWARE, IN WHOLE OR IN PART, TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Please report all instances of unauthorized use of the Transcender Software
or Site Materials to: firstname.lastname@example.org.
TRANSCENDER, THE CERTIFICATION SOLUTION, TRANSCENDER PRESS, the "Dude" Logo,
and any other trademarks on the Transcender Site are trademarks owned by
Transcender ("Transcender Trademarks"). You may not use the Transcender
Trademarks in connection with any product or service that does not belong to us,
or in any manner that is likely to cause confusion among users about whether we
are the source, sponsor, or endorser of the product or service, or in any manner
that disparages or discredits us.
The names of actual third party companies and their products mentioned are
the trademarks, service marks or copyrighted material of their respective
owners, and material herein is not sponsored by, endorsed by, or affiliated with
such third party companies. "Cisco," "Cisco Systems," and the Cisco Systems
logos are trademarks of Cisco Systems, Inc. or of its affiliates. "Microsoft"
and "Windows" are registered trademarks of Microsoft Corporation. "CompTIA" is a
registered trademark of The Computing Technology Industry Association, Inc.
"Check Point" is a trademark of Check Point Software Technologies, Ltd. "CIW"
and "jCert" are registered trademarks of Prosoft Training. "Novell" is a
registered trademark of Novell, Inc. "Oracle" is a registered trademark of
Oracle Corporation. "Sun" is a registered trademark of Sun Microsystems,
Links, Frames, and Metatags
You may link to the home page of the Transcender Site as long as the link
does not cast us in a false or misleading light. Please let us know if you link
to the Transcender Site by contacting us at: email@example.com.
You may not frame the content of the Transcender Site. You may not use
metatags or any other "hidden text" that incorporates the Kaplan Trademarks or
our name without our express written consent.
Links to Other Web Sites
This Transcender Site may contain links to other Web sites. This User
to read the user agreements and privacy policies that govern your use of these
other Web sites.
Disclaimer and Limitation of Liability
THIS WEB SITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER
ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE "CONTENTS") ARE PROVIDED ON AN "AS
IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. KAPLAN IT HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE CONTENTS,
INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEB SITE, NEITHER KAPLAN IT NOR ANY OF
ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED
REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS
AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT
APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY,
DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS
OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THE CONTENTS OF THIS SITE
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. KAPLAN IT MAY MAKE
IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE
CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME
WITHOUT NOTICE. ALL SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT THAT ACCOMPANIES OR IS INCLUDED WITH THE
This User Agreement will be governed by the laws of the State of Georgia
applicable to contracts made and performed there without regard to its conflicts
of law principles. You agree to submit to the exclusive jurisdiction of the
state and federal courts sitting in the State of Georgia and the county of Fulton and waive
any jurisdictional, venue, or inconvenient forum objections to such courts.
We reserve the right to terminate the Transcender Site and this User
Agreement at any time without notice for any reason, including, in the case of
the User Agreement, for your violation of any of its provisions. The Disclaimer
and Limitation of Liability and Governing Law sections of this User Agreement
shall survive any such termination.