Privacy Policy

Privacy

Last updated February 1, 2023

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or App. By accessing or using this Website and/or App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website and/or App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 16

Our Website and App are not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at:

Transcorp Services
218 NW 24th St
Miami, FL 33127

[EMAIL ADDRESS]   

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website and App, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
  • That is about you but individually does not identify you; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
  • From third parties, for example, our business partners. Information You Provide to Us.

The information we collect on or through our Website or App may include:

  • Information that you provide by filling in forms on our Website or App. This includes information provided at the time of registering to use our Website or App, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website or App.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website or App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or App.
  • Your search queries on the Website or App.

User Contributions

You may also provide information for publication or display (“Posted”) on public areas of the App or Websites you access through the App or Website (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App or Website.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website or App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Usage Details. When you access and use the App or Website, we may automatically collect certain details of your access to and use of the App or Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App or Website.
  • Device Information. We may collect information about your mobile device/computer and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number, as well as the computer’s IP address, operating system, and browser type.
  • Stored Information and Files. Our App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
  • Location Information. Our App collects real-time information about the location of your device.

If you do not want us to collect this information you may opt out at any time by e-mail or by changing your account settings. Note, however, that opting out of the App’s collection of location information will disable its location-based features.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here for information on how you can opt out of behavioral tracking on or through this app and how we respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and App and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website and App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website or App.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on your smartphone, or on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser and/or smartphone. However, if you select this setting you may be unable to access certain parts of our Website or App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of the App and Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website or App are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website or App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • Provide you with the App and Website and their respective contents, and any other information, products or services that you request from us.
  • To present our Website and App and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or App or any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our App according to your individual interests.
  • Speed up your searches.
  • To allow you to participate in interactive features on our Website or App.
  • Recognize you when you use the Website or App.
  • Store information about your preferences, allowing us to customize our App or Website according to your individual interests.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of [BUSINESS NAME] 

[BUSINESS NAME] assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by [BUSINESS NAME] Inc. about our Website and App users is among the assets transferred.

  • To third parties to market their products or services to you if you have consented to these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the App EULA, terms of sale, and for billing and collection.
  • To enforce or apply our and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of [BUSINESS NAME] Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the App or Website to collect information through other tracking technologies by changing your account settings. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App or Website may then be inaccessible or not function properly. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by logging into the Website or using the App and adjusting your user preferences in your account profile or by sending us an email stating your request to help@[BUSINESS NAME]app.com.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt out by logging into the Website or using the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to help@[BUSINESS NAME]app.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out by logging into the Website or using the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to help@[BUSINESS NAME]app.com.

We do not control third parties’ collection or use of your information to serve interest- based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: help@[BUSINESS NAME]app.com.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website or using the App and visiting your account profile page.

You may also send us an email at help.us@[BUSINESS NAME]app.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, or from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website or App users.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to help@[BUSINESS NAME]app.com or write us at: 294 Grand St., New York, New York 10002.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website or App like message boards. The information you share in public areas may be viewed by any user of the Website or App.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page, or by in-App alert the first time you use the App after we make the change. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website or App and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Attn: Transcorp

[STREET ADDRESS] 

[EMAIL ADDRESS] 

F2 TERMS AND CONDITIONS

TERMS AND CONDITIONS

LAST UPDATED: January, 2023

Thank you for using Transcorp! These Terms of Service (“Terms”) govern your use of the Transcorp services, including any websites, mobile applications, devices, or APIs that are operated by Transcorp or its subsidiaries and affiliates (collectively, the “Services”), and are entered into by you and Transcorp Services Inc. (d/b/a Transcorp), a Delaware corporation, and its subsidiaries and affiliates (“Transcorp”). This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, a “user”). 

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Transcorp’s Privacy Policy. 

SECTION 15 (“DISPUTES & ARBITRATION”) OF THESE TERMS (THE “ARBITRATION AGREEMENT”) PROVIDES THAT ANY CLAIMS THAT YOU AND TRANSCORP HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST TRANSCORP ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. 

The Services include a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”). 

You acknowledge that Transcorp does not supervise, direct, or control the performance of services provided by Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with, Transcorp.  

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that Transcorp and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and that the Retailer—not the Third Party Provider and not Transcorp—is the seller of the goods to you. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store. You agree that Transcorp or the applicable Retailer will obtain an authorization for your credit card, debit card, or other payment method on file with Transcorp to cover the cost of the goods you have purchased from the Retailer and any separate Transcorp fees and optional tips, and your payment method  will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. 

Transcorp may change the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), alcohol service fees, heavy order fees, direct-to-consumer shipping fees, long distance fees (for deliveries outside the delivery area for a Retailer), and special handling fees. Transcorp may vary certain fees based on demand, order attributes, and/or other factors.  Your payment instrument will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items, weight adjustments, or tips that you may elect to add after delivery. Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that differ from in-store prices, differ between storefronts, or differ from the prices available on other online platforms or services. The prices displayed on the Services may not be the lowest prices at which the same goods or items are sold. Individual Retailers may operate multiple storefronts with different pricing, selection, and order fulfillment. You can view each Retailer’s pricing policies (which may change from time to time) on their storefront(s) on both the website and in the Transcorp app. 

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Transcorp, Transcorp does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services. 

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place. 

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Transcorp reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged). 

1. Your Use of the Services

Transcorp grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms,  Transcorp Community Guidelines for Customers, and any other Transcorp policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Transcorp’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Transcorp provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services. 

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). As between you and Transcorp, you retain all rights in any content that you upload or submit, and are solely responsible for that content. By uploading content, you represent and warrant that you either own it or are authorized to grant Transcorp the rights described in these Terms. You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party.  You grant Transcorp a non-exclusive, royalty-free, worldwide, transferable, sub licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Transcorp may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms, the Transcorp Community Guidelines for Customers, or any other policies. 

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Transcorp will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

By using the Services, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with Transcorp.  If you are using Transcorp Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity. 

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services, you will adhere to the Transcorp Community Guidelines for Customers (which may be updated from time to time) and any other applicable Transcorp policies, and you will respect those who you encounter in your use of the Services, including Third Party Providers, Transcorp personnel, and individuals who support Transcorp’s Help Center. Transcorp reserves the right to decline orders, refuse partial or full delivery, terminate or restrict access to accounts or Services, and/or cancel orders at any time in its sole discretion. Transcorp may periodically offer you certain incentives or benefits (e.g. trial, credit, coupon, promotion code, and/or discount code).  If Transcorp suspects or determines, in its sole discretion, any fraud, tampering, abuse, or violation of our Terms of Service in connection with any such offer, Transcorp reserves the right to withhold, revoke, cancel, and/or terminate the incentive or benefit and to take other remedial measures.  

We’re constantly modifying and improving the Services. Transcorp may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Transcorp with any feedback on or comments regarding the Services, you grant Transcorp the right to use such feedback or comments for any purpose without restriction or payment to you. 

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same. Please note that once a shopper has begun shopping your order and/or delivery has begun, you may no longer have the option to reschedule or cancel the order. If we are able to reschedule or cancel your order, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.

2. Transcorp Communications

By creating an Transcorp user account, you agree to accept and receive communications from Transcorp or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Transcorp. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Transcorp, its affiliated companies, and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings or by using the unsubscribe mechanism included in the message, where applicable. You may also opt-out of receiving promotional text messages from Transcorp by replying “STOP” from the mobile device receiving the messages. 

If you use the Services to order a prescription drug product (where available), you understand and agree that user inquiries must be conducted via telephone. You also understand and agree that a third party pharmacy and/or Transcorp may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability, and waive and release any claim (to the maximum extent permitted by law), against Transcorp, its affiliated companies, and Third Party Providers for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications. 

3. Retailer Memberships

Certain Retailers may allow you to purchase memberships through the Services. If you purchase a Retailer membership through the Services, you understand that you will be charged separately by the Retailer and that you are purchasing the membership directly from the Retailer and not Transcorp and separate terms and conditions provided by the Retailer apply, which you should read carefully. Please note that you will need to contact the Retailer if you have any questions regarding your membership or the management of your account. 

4. Transactions Involving Alcohol

You may have the option to order alcohol products in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause Transcorp or any Third Party Provider (including any Retailer) to contravene any applicable laws. If you order alcohol products from a Retailer through the Services, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States, 18 years of age or older in Alberta, Manitoba, and Quebec, and 19 years of age or older in all other Canadian provinces). You also agree that, upon delivery of alcohol products by the Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that Third Party Provider may scan this identification and may require a signature from the recipient.  You also agree that the recipient will not be intoxicated when receiving delivery of alcohol products, and that you will not purchase alcohol with the intent to resell or provide it to someone who is not of legal drinking age. If the recipient is unable to present valid photo identification upon delivery, your order will be canceled. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Transcorp reserves the right to cancel the alcohol-related portion of your order. Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Services at the time of submitting the order. 

Users who purchase alcohol through the Services for delivery by Third Party Providers within the State of Hawaii acknowledge that IT IS ILLEGAL: (1) FOR A PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD. (Sections 281-78 & 101.5, Hawaii Revised Statutes). 

All alcohol products ordered through the Services for delivery by Third Party Providers within the provinces of Ontario and Alberta will be delivered by Maplebear Delivery Canada Inc.

5. Delivery of Prescription Drug Products (Transcorp Rx)

In certain geographic areas, you may order prescription drug products through Transcorp Rx. This service is not eligible for Transcorp+ Benefits. You agree that Transcorp is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing. You also agree that you are solely responsible for the selection of the pharmacy dispensing the prescription. Transcorp makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy. If you have any issues with the processing of your prescription, you should contact the pharmacy directly. 

You agree that, upon delivery of prescription drug products by a Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that the Third Party Provider may scan this identification.  You also agree that the recipient will indicate their relationship to you (if the recipient is not you), and that any prescription drug product ordered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed. 

You also agree that Transcorp does not provide any medical advice, diagnosis or treatment, and that neither a pharmacy-patient relationship nor a physician-patient relationship exists between Transcorp and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues. 

By using the Services to order a prescription drug product for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for their consumption. 

IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY. 

6. Transactions Involving Other Restricted Products

You may have the option to order other restricted products in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause Transcorp or any Third Party Provider (including any Retailer) to contravene any applicable laws. If you order an item that requires delivery certification, you agree the recipient will provide valid government-issued identification which may be scanned by the Third Party Provider proving their identity to the Third Party Provider delivering such products. If you order age-restricted products from a Retailer through the Services, you agree that you are of legal age for purchasing, possessing, and/or consuming such age-restricted products and agree that, upon delivery of age-restricted products by the Third Party Provider, the recipient will provide to the Third Party Provider valid government-issued identification proving their age, and that the Third Party Provider may scan this identification.  You also agree that the age-restricted products have not been purchased with the intent to resell or provide to someone who is not of legal age. You agree that if any applicable legal requirements for the delivery of age-restricted products are not met, Transcorp reserves the right to cancel the age-restricted portion of your order. Special requests or substitutions for the purchase of age-restricted products will not be honored; all requests for the purchase of age-restricted products must be made through the catalog available through the Services at the time of submitting the order.

7. Third-party Products and Content

You agree that Transcorp does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Transcorp assume responsibility for your interactions with any Third Party Provider (including a Retailer). You further agree that Transcorp does not warrant or guarantee that any product information contained on the Services is accurate, complete, reliable, current, or error-free. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider. Transcorp does not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that Transcorp will have no liability based on such purchase, use, access, or engagement. 

8. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRANSCORP DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT. IN ADDITION, TRANSCORP MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TRANSCORP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU. 

TRANSCORP DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT TRANSCORP WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE. 

YOU AGREE THAT NEITHER TRANSCORP NOR ITS SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER TRANSCORP NOR ITS SUBSIDIARIES, AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER. 

If you have a dispute with one or more Third Party Providers, you agree to release Transcorp (including Transcorp’s subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. 

Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.” 

U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL TRANSCORP (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF TRANSCORP OR TRANSCORP’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL TRANSCORP (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF TRANSCORP OR TRANSCORP’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TRANSCORP, ITS SUBSIDIARIES, AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO TRANSCORP DURING THE PAST 12 MONTHS IN CONNECTION WITH THE SERVICES. 

U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN LIABILITIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

10. Indemnification

You agree to defend, indemnify and hold harmless Transcorp and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Transcorp user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider. 

11. Disputes & Arbitration

This Section 15 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Transcorp, including but not limited to those that arise out of or relate to: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications or any information contained on the Services; (c) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services or your consumption or use of those goods or services; or (d) any other aspect of your relationship or transactions with Transcorp as a consumer. You and Transcorp agree that the Retailers from which orders may be placed and goods may be purchased through the Services and/or through white label sites that are powered by Transcorp are intended third party beneficiaries of this Arbitration Agreement.

Informal Dispute Resolution: You and Transcorp agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and Transcorp agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to:

Transcorp

ATTN: Legal Department

Transcorp Services

218 NW 24th St

Miami, FL 33127

Your written description must be on an individual basis and personally signed, and also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. For any dispute that Transcorp raises, we will send our written description of the dispute (including the information listed above), signed by an authorized Transcorp representative, to the most recent delivery address associated with your account. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.

You and Transcorp agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60 day period set forth above.

For residents of the United States, you agree to the following mandatory arbitration provisions: 

Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Transcorp agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time, including but not limited to those arising out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications and/or any information contained on the Services; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services and any consumption or use of those goods and services; or (iv) any other aspect of your relationship or transactions with Transcorp as a consumer. A Claim under this Section also includes all claims or disputes between you and any Retailer arising out of or related to the Services performed under this Agreement and/or services in connection with any white label sites that are powered by Transcorp. Any disputes or claims in this regard shall be resolved exclusively by an arbitrator.

Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and Transcorp each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights. 

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms. 

The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the claimant’s state of residence. 

TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND TRANSCORP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. 

CLASS, COLLECTIVE, REPRESENTATIVE ACTION WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND TRANSCORP ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND TRANSCORP OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER TRANSCORP USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION. 

Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Transcorp at arbitration-opt-out@Transcorp.com with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. 

Changes to Agreement to Arbitrate: If Transcorp changes this Section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice via email as set forth above, within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any dispute between you and Transcorp and/or its Retailers. 

Except as described below for California residents, the arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) in effect at the time the arbitration demand is made. The Rules are available at www.adr.org. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall apply. 

The Parties agree to submit to the jurisdiction of a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and Transcorp. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and Transcorp. 

You and Transcorp agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. 

The arbitration will be held in the United States county where you live or use the Services, or a location you and Transcorp mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Transcorp submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. 

The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law. 

For California residents, the arbitration shall be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules (the “ADR Services Rules”) in effect at the time the arbitration demand is made. The ADR Services Rules are available at: https://www.adrservices.com/services/arbitration-rules/. In the event of any conflict between the ADR Services Rules and this Arbitration Agreement, this Arbitration Agreement shall apply. 

For California residents, the Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the ADR Services Rules (the “ADR Arbitrator”). The ADR Arbitrator will decide the rights and liabilities, if any, of you and Transcorp. The ADR Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The ADR Arbitrator shall follow the applicable law. The ADR Arbitrator’s decision is final and binding on you and Transcorp. 

For California residents, you and Transcorp agree that the ADR Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The ADR Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. 

For California residents, the arbitration will be held in the California county where you live or use the Services, San Francisco, California, or any other location you and Transcorp mutually agree upon in writing.

For California residents, the ADR Services Rules will govern the payment of all filing, administrative or arbitrator fees (“ADR Services Arbitration Fees”), but in no event will you be responsible for any portion of those fees in excess of the initial filing fee. After you pay your portion of any initial filing fee, Transcorp shall pay any remaining costs and expenses unique to arbitration, including, without limitation, the arbitrator’s fees and any ADR Services administrative or case management expenses. 

SEVERANCE OF ARBITRATION AGREEMENT

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration. 

SURVIVAL OF ARBITRATION AGREEMENT

Except as otherwise provided in this Section 15, this Arbitration Agreement will survive any termination of the Terms or of your access to the Services, including under Section 16 or otherwise.  This Arbitration Agreement will continue to apply even if you or we close your Transcorp account.

16. Termination

You can stop using the Services at any time and without notice to us. Similarly, Transcorp may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-22 survive and continue to apply to you. 

17. Controlling Law

[CONFIRM HOME STATE] 

To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Delaware for residents of the United States and by the laws of the Province of Ontario for residents of Canada (except Quebec), without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in Section 15 of these Terms. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 15 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of New Castle County, Delaware, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada (except Quebec), and you and Transcorp consent to the personal jurisdiction of those courts. 

For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 15 (Disputes & Arbitration) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and Transcorp consent to the personal jurisdiction of those courts. 

18. Entire Agreement & Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with Transcorp, shall constitute the entire agreement between you and Transcorp with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect. 

19. No Waiver

Transcorp’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole. 

20. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Transcorp may assign its rights, licenses, and obligations under these Terms without limitation. 

21. Changes to the Terms

We may make changes to these Terms from time to time. When Transcorp does so, Transcorp will post the most current version of the Terms on Transcorp’s website and, if a revision to the Terms is material, Transcorp will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services. 

22. Copyright and Trademark Policy

Transcorp respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Transcorp will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Transcorp’s sole discretion and without notice, who infringe copyrights or other intellectual property rights. 

If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Transcorp’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Transcorp may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner. 

Transcorp 

ATTN: Copyright Agent 

Transcorp Services

218 NW 24th St

Miami, FL 33127

copyright@Transcorp.com 

If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Transcorp’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s). 

23. Contact Information

If you have any questions, or comments about these Terms please contact Transcorp at: 

Transcorp 

Transcorp Services

218 NW 24th St

Miami, FL 33127

legal@Transcorp.com

NEED PHONE NUMBER

For customer service inquiries, please review Your Account Settings, visit Transcorp’s Help Center, or call our Community Operations team at NEED PHONE NUMBER. 

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.