Transcender :: Terms of Use and Copyright Policy

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 Privacy Policy, governs your use of the Transcender Site.

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 terms.

Privacy Policy

Please review our Privacy Policy, which is a part of this User Agreement and describes how Transcender handles any personally identifying information collected from visitors to this Transcender Site.

Copyright

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: support@transcender.com.

Trademarks

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, Inc.

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: support@transcender.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 Agreement and the Privacy Policy do not apply to these other Web sites. Be sure 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 SOFTWARE.

Governing Law

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.

Termination

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.