Terms of Use

OVERVIEW
PLEASE CAREFULLY READ THIS TERMS OF USE AGREEMENT IN ITS ENTIRETY BEFORE USING THIS WEBSITE. THIS SITE IS NOT INTENDED FOR PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU SHOULD REFRAIN FROM VISITING OR USING THE WEBSITES WITHOUT THE ASSISTANCE OF A PARENT OR GUARDIAN.

By visiting or using the websites for Transactify, LLC (transactify.co) and Transactify Legal (transactifylegal.com) you are affirmatively acknowledging receipt and review of this terms of use agreement and consenting to all of its provisions without modification.

As used in this agreement, the terms outlined below have the following specific meanings:

  • The “Agreement” refers to this terms of use agreement.
  • The “Transactify Group” refers collectively to Transactify, LLC and Transactify Legal, which are separate, distinct entities.
  • The “Website(s)” refers to the Transactify Group websites identified above.   
  • “Digital Content” refers collectively to all text, graphics, information or products available on or through the Websites, including without limitation all templates, blogs, podcasts, videos, and webinars, as well as all e-mails, social media posts and other digital communications of any kind sent or posted by the Transactify Group.
  • “Third Party Content” refers collectively to all sites, text, graphics, information, applications, products, or services provided by third parties referenced or linked on the Websites or in the Digital Content, as well as all e-mails, social media posts and other communications of any kind sent or posted by those third parties.
  • “Computer System” refers collectively to any computer, laptop, tablet, phone or other device you use to: (1) visit and use the Websites; and (2) view, receive and use the Digital Content, as well as any corresponding software, applications, accessories, equipment, files and data you maintain and use.
  • “user(s),” “you,” and “your” are each used to refer to all customers, clients, and other persons who: (1) visit and use the Websites; and (2) view, receive and use the Digital or Third Party Content.
  • “Parties” refers collectively to Transactify, LLC, Transactify Legal and all users.  

Scope of Agreement:

This Agreement is legally binding between the Parties. This Agreement covers your visits to and use of the Websites, as well as your viewing, receipt and use of Digital and Third Party Content. Transactify Legal’s actual provision of legal services are separate and distinct from the Websites and Digital Content addressed in this Agreement.  

The effective date of this Agreement is May 16, 2018.

No Legal Opinions or Advice:

THE WEBSITES AND DIGITAL CONTENT DO NOT CONTAIN OR CONSTITUTE LEGAL OPINION OR ADVICE AND SHOULD NOT BE INTERPRETED AS CONTAINING OR CONSTITUTING LEGAL OPINION OR ADVICE FOR ANY GENERAL OR SPECIFIC SITUATION PARTICULAR TO YOU OR YOUR BUSINESS.

All of the Digital Content, whether offered for purchase or not, are provided for general educational and informational purposes only and are not intended to be a substitute for actual legal representation. If you have any legal questions or concerns, whether or not related to the Websites or any Digital Content, you should hire an attorney to assist you before undertaking or forgoing any particular course of action.  

No Attorney-Client Relationship:

VISITING OR USING THE WEBSITES, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY INQUIRY FORM OR CREATION OF AN ACCOUNT FOR PRODUCT PURCHASE, MANAGEMENT AND VIEWING, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND TRANSACTIFY, LLC, TRANSACTIFY LEGAL, OR ANY OF THEIR OWNERS, MEMBERS, EMPLOYEES, AGENTS OR CONTRACTORS.

MOREOVER, YOUR SIGNING UP FOR AND RECEIPT OF DIGITAL CONTENT FROM THE TRANSACTIFY GROUP DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND TRANSACTIFY, LLC, TRANSACTIFY LEGAL, OR ANY OF THEIR OWNERS, MEMBERS, EMPLOYEES, AGENTS OR CONTRACTORS.

In fact, Transactify, LLC is incapable of creating an attorney-client relationship because it is not a law firm and does not engage in the practice of law. While Transactify Legal is a law firm and does engage in the practice of law, users can only create an attorney-client relationship after signing a retainer agreement provided by it and creating an account that will provide them unique access to a separate, secure client portal. Transactify Legal’s actual provision of legal services are separate and distinct from the Websites and Digital Content addressed in this Agreement.

Your Information is Not Privileged or Confidential:

IF YOU, AS A RESULT OF YOUR: (1) VISIT TO OR USE OF THE WEBSITES; OR (2) VIEWING, RECEIPT AND USE OF DIGITAL CONTENT, PROVIDE OR TRANSMIT TO THE TRANSACTIFY GROUP COMMUNICATIONS OR INFORMATION OF ANY KIND, THE TRANSACTIFY GROUP WILL NOT CONSIDER OR HOLD THOSE COMMUNICATIONS OR INFORMATION PRIVILEGED OR CONFIDENTIAL.

The only exception to that rule is if you have created an attorney-client relationship with Transactify Legal by signing a retainer agreement provided by it and creating an account that will provide you with unique access to a separate, secure client portal. Under that lone exception, Transactify Legal will maintain the privileged and confidential nature of your communications in accordance with applicable statutes, regulations, rules and laws, as well as your instructions.    

Privacy:

The Transactify Group values your privacy. Any visit to or use of the Websites resulting in Transactify Group’s collection of personal information is governed by its privacy policy, which can be viewed here. By visiting or using the Websites you are affirmatively acknowledging receipt and review of Transactify Group’s privacy policy and consenting to all of its terms without modification.

Limited License and Restrictions on Use:

The Transactify Group grants you a revocable, non-exclusive, non-transferable and limited license to: (1) visit or use the Websites; and (2) view, receive or use Digital Content.

When using the license described in this section, you will, in addition to all other provisions of this Agreement, refrain from: (1) violating any applicable laws, regulations or rules; (2) decompiling, reverse engineering, disassembling, attempting to derive the source code of or decrypting the Websites and Digital Content; (3) selling, reselling, or commercially distributing original or copied versions of the Websites or Digital Content to users or other third parties; (4) selling, reselling, or commercially distributing content, products or services improperly derived from original or copied versions of the Websites or Digital Content to users or other third parties; (5) copying, reproducing, republishing, posting, transmitting or making available in any form original or copied versions of Digital Content, if the purpose of those actions are to compete against the Transactify Group, harm the commercial interests of the Transactify Group, or willfully assist users or other third persons from accessing paid Digital Content that they themselves have not paid for, unless those users or other third persons are or will be parties to the Digital Content or are otherwise necessary for your legitimate use and enjoyment of the Digital Content.  

Intellectual Property Rights:

You acknowledge and agree that, irrespective of any licenses granted under this Agreement, Transactify, LLC and Transactify Legal are and remain the sole owners of: (1) the Websites; and (2) all copyrights, trademarks, patents, trade secrets and other intellectual property rights associated with the Websites and Digital Content. Users and other third parties are not granted any intellectual property rights in or to the Websites or Digital Content by implication, estoppel or any other legal theory.

Term, Modification and Termination:

This Agreement will remain in effect until Transactify Group modifies or terminates it. The Transactify Group may modify this Agreement at any time and for any reason. Transactify Group will post the modified Agreement on the Websites and update the effective date accordingly. By visiting or using the Websites following the posting of the modified Agreement you are affirmatively acknowledging receipt and review of its terms and consenting to all of its provisions without modification. Transactify Group may also terminate this Agreement at any time and for any reason, at which point any rights afforded to you under this Agreement will terminate automatically without any notice or further action by the Transactify Group.

Refusal of Service:

Transactify Group reserves the absolute right to block users or refuse service to any person or entity for any reason and is not required to provide a rationale for such blockage or refusal. All orders are pending until payment has been fully processed. Transactify Group may at any time modify or discontinue Digital Content of any kind, subject to any obligations it has following a completed order. Transactify Group strives to accurately describe its products, services and prices. In the event the Transactify Group fails to accurately describe its products, services and prices, it serves the right to refuse or cancel any pending order implicated or affected by that error.

No Refunds or Returns:

Digital Content offered for sale by Transactify, LLC is just that: digital. Once Transactify, LLC delivers or makes available paid Digital Content, it is unable to control its use. As a result, Transactify, LLC does not offer any refunds once it delivers or makes available paid Digital Content.

Disclaimer of Warranties:

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES AND DIGITAL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR VISIT TO OR USE OF THE WEBSITES, AS WELL AS YOUR VIEWING, RECEIPT OR USE OF DIGITAL CONTENT, WHETHER OFFERED FOR PURCHASE OR NOT, IS AT YOUR OWN DISCRETION AND RISK. AS OUTLINED ABOVE, THE WEBSITES AND DIGITAL CONTENT DO NOT CONTAIN OR CONSTITUTE LEGAL OPINION OR ADVICE AND SHOULD NOT BE INTERPRETED AS CONTAINING OR CONSTITUTING LEGAL OPINION OR ADVICE FOR ANY GENERAL OR SPECIFIC SITUATION PARTICULAR TO YOU OR YOUR BUSINESS.

TRANSACTIFY, LLC AND TRANSACTIFY LEGAL HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING: (1) THE WEBSITES; (2) DIGITAL CONTENT, WHETHER OFFERED FOR PURCHASE OR NOT; AND (3) ANY THIRD PARTY CONTENT REFERENCED OR LINKED ON THE WEBSITES OR IN THE DIGITAL CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

FURTHERMORE, TRANSACTIFY, LLC AND TRANSACTIFY LEGAL MAKE NO WARRANTY THAT THE WEBSITES, DIGITAL CONTENT OR THIRD PARTY CONTENT WILL: (1) MEET YOUR NEEDS OR REQUIREMENTS; (2) BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; AND (3) BE OF ANY CERTAIN OR PARTICULAR QUALITY. FURTHERMORE, YOU ACKNOWLEDGE THAT TRANSACTIFY, LLC AND TRANSACTIFY LEGAL HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE WEBSITES OR DIGITAL CONTENT.

Compatibility and Interoperability:

The Transactify Group does not warrant that the Websites or Digital Content will be compatible or interoperable with your Computer System. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Computer System to diminish or fail completely, and may result in permanent damage to your Computer System. You hereby acknowledge and agree that Transactify, LLC and Transactify Legal will not under any circumstances be liable to you for any losses suffered in connection with or as a result of the compatibility or interoperability, or lack thereof, of the Websites or Digital Content with your Computer System.

Limitations of Liability:

TRANSACTIFY, LLC OR TRANSACTIFY LEGAL WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, GENERAL OR EXEMPLARY DAMAGES ARISING OUT OF OR PERTAINING TO YOUR: (1) VISIT TO OR USE OF THE WEBSITES; (2) VIEWING, RECEIPT OR USE OF DIGITAL CONTENT, WHETHER OFFERED FOR PURCHASE OR NOT; (3) INABILITY TO VISIT OR USE THE WEBSITES; AND (4) INABILITY TO VIEW, RECEIVE OR USE DIGITAL CONTENT, WHETHER OFFERED FOR PURCHASE OR NOT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM.

MOREOVER, TRANSACTIFY, LLC OR TRANSACTIFY LEGAL WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, GENERAL OR EXEMPLARY DAMAGES ARISING OUT OF OR PERTAINING TO ANY THIRD PARTY CONTENT REFERENCED OR LINKED ON THE WEBSITES OR IN THE DIGITAL CONTENT AND YOUR CORRESPONDING: (1) VISIT TO OR USE OF THIRD PARTY SITES; (2) VIEWING, RECEIPT OR USE OF THIRD PARTY CONTENT; (3) INABILITY TO VISIT OR USE THIRD PARTY SITES; AND (4) INABILITY TO VIEW, RECEIVE OR USE THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM.

THE LIMITATIONS OF LIABILITY OUTLINED IN THIS AGREEMENT APPLY WHETHER OR NOT YOUR DAMAGES WERE FORESEEABLE OR THEIR POSSIBILITY WERE BROUGHT TO THE ATTENTION OF THE TRANSACTIFY GROUP.  YOUR VISIT TO AND USE OF THE WEBSITES, AS WELL AS YOUR VIEWING, RECEIPT AND USE OF DIGITAL CONTENT, WHETHER OFFERED FOR PURCHASE OR NOT, IS UNDERTAKEN AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING THEREFROM, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM.

WITHOUT CURTAILING IN ANY WAY THE LIMITATIONS OF LIABILITY OUTLINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL TRANSACTIFY, LLC OR TRANSACTIFY LEGAL’S TOTAL LIABILITY TO YOU FOR THE ACTIVITIES OR NON-ACTIVITIES DESCRIBED IN THE FIRST TWO PARAGRAPHS OF THIS SECTION, WHETHER UNDER CONTRACT, TORT, STATUTE OR SOME OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS YOU HAVE PAID TRANSACTIFY, LLC OR TRANSACTIFY LEGAL IN THE PRIOR 12 MONTHS, IF ANY. THIS LIMITATION ON TOTAL LIABILITY, WHICH APPLIES IRRESPECTIVE OF THE NUMBER OF CLAIMS YOU MAINTAIN, CONSTITUTES A REASONABLE ALLOCATION OF RISK AND A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRANSACTIFY, LLC AND TRANSACTIFY LEGAL. TRANSACTIFY, LLC AND TRANSACTIFY LEGAL WOULD NOT PROVIDE THE WEBSITES OR DIGITAL CONTENT WITHOUT THIS LIMITATION ON TOTAL LIABILITY BEING IN FULL FORCE AND EFFECT.

Indemnification:

TO THE FULLEST EXTENT PERMITTED BY LAW, USERS AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS TRANSACTIFY, LLC AND TRANSACTIFY LEGAL, AND EACH OF THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND CONTRACTORS, FROM AND AGAINST ANY DIRECT OR THIRD PARTY CLAIM, PROCEEDING, LIABILITY, LOSS, DAMAGE, SETTLEMENT, FINE, PENALTY, INTEREST, COST AND EXPENSE, INCLUDING WITHOUT LIMITATION ATTORNEY AND EXPERT FEES, ARISING OUT OF YOUR: (1) VISIT TO OR USE OF THE WEBSITES; (2) VIEWING, RECEIPT OR USE OF DIGITAL AND THIRD PARTY CONTENT; (3) BREACH OF THIS AGREEMENT; (4) VIOLATION OF ANY AND ALL APPLICABLE TREATIES, STATUTES, REGULATIONS,  ORDINANCES, RULES OR LAWS IN CONNECTION WITH THE WEBSITES AND DIGITAL OR THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION ANY NEGLIGENCE OR INTENTIONAL MISCONDUCT; AND (5) VIOLATION OF THE RIGHTS OF A THIRD PARTY IN CONNECTION WITH THE WEBSITES AND DIGITAL OR THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION THE INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY, PROPRIETARY RIGHTS AND TRADE SECRETS OF ANY PERSON OR ENTITY.

Your indemnification obligations under this section survive any termination of the Agreement and do not in any way limit other indemnification obligations you may have under applicable law or statute. Transactify, LLC and Transactify Legal reserve the right to assume at your expense the exclusive defense and control of any matter requiring your indemnification and you agree to fully cooperate with their defense of those matters. With respect to any third party claim requiring your indemnification, you will not enter into any settlement or waive any defense without first obtaining written consent from Transactify, LLC and Transactify Legal.

Governing Law and Venue:

This Agreement and its interpretation will be treated as though it were executed and performed in Sacramento, California and will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language of this Agreement will be interpreted in accordance with its fair meaning and not strictly for or against either party.  

THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SPECIFIC AGREEMENT WILL BE THE SACRAMENTO COUNTY SUPERIOR COURT LOCATED IN SACRAMENTO, CALIFORNIA. THE PARTIES TO THIS AGREEMENT WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF THE SACRAMENTO COUNTY SUPERIOR COURT LOCATED IN SACRAMENTO, CALIFORNIA.

Requirement Of Arbitration:  

PLEASE READ THIS SECTION CAREFULLY, AS IT SIGNIFICANTLY IMPACTS HOW ANY LEGAL DISPUTE BETWEEN YOU AND TRANSACTIFY, LLC OR TRANSACTIFY LEGAL WILL BE HANDLED AND RESOLVED.

You agree that any dispute of any nature whatsoever between you and Transactify, LLC or Transactify Legal arising out of the Websites or Digital or Third Party Content and covered by this Agreement will be decided by neutral, binding arbitration to be conducted in Sacramento, California. You further agree that a JAMS representative will conduct any arbitration involving you and Transactify, LLC or Transactify Legal, unless you and Transactify, LLC or Transactify Legal agree in writing to a different arbitrator unaffiliated with JAMS. The arbitrator will render a final decision in accordance with the substantive laws of California and any applicable arbitration rules. Any final judgment or award issued by the arbitrator may be entered and recorded by the prevailing party in the appropriate California court as a final judgment. The arbitrator will award all fees, costs and other expenses to the prevailing party, including without limitation all arbitration fees, as well as reasonable attorney and expert fees incurred as a result of arbitration or other judicial remedies in aid of arbitration.  

Remedies In Aid Of Arbitration:  

This Agreement does not preclude you or Transactify, LLC and Transactify Legal from seeking provisional remedies in aid of arbitration from the Sacramento County Superior Court in Sacramento, California, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award. Moreover, this Agreement does not preclude you or Transactify, LLC and Transactify Legal from applying to the Sacramento County Superior Court in Sacramento, California, as necessary, for a temporary restraining order or public injunctive relief.

Severability:

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement, or the application of the invalid or unenforceable provision to persons or entities other than those to whom it is held invalid or unenforceable, will not be affected and will remain valid and enforceable to the fullest extent permitted by law.

Waiver:

Except as provided in this Agreement, the failure to exercise a right or require performance of an obligation under this Agreement will not affect the Parties’ ability to exercise that right or require that performance at any time thereafter nor will the waiver of a breach constitute waiver of any subsequent breach. To be effective, all waivers must be confirmed in writing by the waiving person or entity.

Third Party Beneficiaries:  

This Agreement does not confer upon any person or entity other than the Parties any rights, benefits or remedies of any kind or character. Moreover, this Agreement does not create any obligations or liabilities running from the Parties’ to any person or entity other than the Parties.

Assignment:

Transactify, LLC and Transactify Legal may assign or transfer this Agreement at any time, with or without notice to you.  You will not assign this Agreement or any corresponding rights or obligations without the prior written consent of Transactify, LLC and Transactify Legal. Any attempted assignment by you in contravention of this provision is null and void and of no force or effect.

Entire Agreement:

This Agreement, including any and all documents incorporated by reference,

constitutes the entire agreement with respect to your visits to and use of the Websites, as well as your viewing, receipt and use of Digital and Third Party Content, and supersedes all prior or contemporaneous agreements or understandings regarding that subject matter.  

Headings:

The headings contained in this Agreement are inserted as a matter of convenience and for ease of reference only and will be disregarded for all other purposes, including the construction or enforcement of this Agreement or any of its provisions.

Notices:

Please direct any questions or comments related to this Agreement to terms@transactify.co.