Terms of services

Member Agreement

Last updated on November 1, 2022.  This Member Agreement is effective on November 1, 2023.

Welcome to TransXen/ DHSpirit / KC EPCS and The VineYard! This agreement (“Agreement”) describes your rights and responsibilities related to your use of TransXen/ DHSpirit / KC EPCS and The VineYard ’s website, mobile apps, and services as a registered TransXen/ DHSpirit / KC EPCS and The VineYard member, and what you can expect from us. By creating your TransXen/ DHSpirit / KC EPCS and The VineYard account, clicking “continue”, or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding Agreement, along with the Privacy Policy and the Cookie Policy. If you use any TransXen/ DHSpirit / KC EPCS and The VineYard website or mobile app but are not a registered member (each, a “visitor”), by using the website or mobile app, you agree to be bound by the terms of this Agreement and acknowledge that you have read the Privacy Policy and the Cookie Policy.

TransXen/ DHSpirit / KC EPCS and The VineYard is the hub for trusted connections and the exchange of helpful information, goods, and services; we hope that users will use TransXen/ DHSpirit / KC EPCS and The VineYard to build stronger and safer support community/user hoods around the world. We use “TransXen/ DHSpirit / KC EPCS and The VineYard ” to refer to the TransXen/ DHSpirit / KC EPCS and The VineYard websites and our iOS and Android apps (also referred to as our “Services”). We also use “TransXen/ DHSpirit / KC EPCS and The VineYard ”, “we”, “us” and “our” to refer to the companies operating our Services.

IMPORTANT: U.S. MEMBERS AND VISITORS, PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

1. Eligibility.

Each person is limited to one account per user, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your account. Specialized accounts (such as Business Pages) are allowed to authorize more than one representative of their business or organization to utilize their account password for use in their official capacity.

When you register for TransXen/ DHSpirit / KC EPCS and The VineYard you must use your real name, not a pseudonym, except in circumstances that, in TransXen/ DHSpirit / KC EPCS and The VineYard ’s sole judgment, warrant an exception.  Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.

You may not use our Services if: (1) you are a resident of the United States and are under 13 years old, or if you are a resident of the EU and are under 16 years old (or do not meet applicable age requirements to use social media services w you live); (2) you are a registered sex offender or share a household with one; (3) we previously disabled your account for violations of our terms or policies; or (4) you are prohibited from receiving our Services or platform under applicable law.  If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.

We need your help to enforce these eligibility requirements. If you believe that a member in your user hood does not meet these eligibility requirements, you may report your concerns to us via our Help Center. TransXen/ DHSpirit / KC EPCS and The VineYard reserves the right to refuse registration to any person or household and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to you.

2. Account types.

TransXen/ DHSpirit / KC EPCS and The VineYard offers personal accounts to individual members, and special, restricted-functionality accounts to government agencies, such as city offices or police or fire departments, and businesses, nonprofits, news media, and other organizations. Special accounts agree to additional terms and are limited in the conversations they can see. Special accounts can’t access private messages that do not include them. Please note, not all TransXen/ DHSpirit / KC EPCS and The VineYard account types and features are available in all locations.

3. Privacy and preferences.

We don’t charge you to use TransXen/ DHSpirit / KC EPCS and The VineYard; instead, businesses and organizations pay us to show you ads for their products and services.  By using TransXen/ DHSpirit / KC EPCS and The VineYard, you understand that we can show you ads that we think will be relevant to you and your interests and you acknowledge that you have read the Privacy Policy, which explains how we handle members’ and visitors’ personal information.

The Services, including any personalized Services, cannot be provided and the Agreement cannot be performed without TransXen/ DHSpirit / KC EPCS and The VineYard processing data about you and other members and visitors. The provision of personalized content and ads is essential to the provision of our Services and a core part of our agreement with you. In particular, to provide our Services on a continuous and consistent basis under this Agreement, we must provide and personalize advertising based on your use of TransXen/ DHSpirit / KC EPCS and The VineYard, including information regarding your interests and your on-site and off-site actions.

By default, you will receive notifications from TransXen/ DHSpirit / KC EPCS and The VineYard about posts from user s and government agencies. You may also opt into various topics for which you will then receive notifications. You can change your preferences about receiving messages from government agencies, businesses, or other organizations, and customize your default and opt-in user hood notification settings.

4. Content and feedback.

You retain all ownership rights to the text, photos, video, responses, and other content you submit to TransXen/ DHSpirit / KC EPCS and The VineYard (collectively, your “Content”). You permit us, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish your Content based on your TransXen/ DHSpirit / KC EPCS and The VineYard settings and the selections you make when posting and as otherwise described in our Privacy Policy.  This means, for example, if you post a comment on TransXen/ DHSpirit / KC EPCS and The VineYard, you give us permission to store, copy, and share it with others (consistent with your settings), such as with service providers that support our Services. Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal, or otherwise tortious. We do not proactively moderate Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe the intellectual property, or otherwise engage in behavior that we think harms a TransXen/ DHSpirit / KC EPCS and The VineYard user hood.

You permit us to use your name and profile picture, and information about actions you have taken on TransXen/ DHSpirit / KC EPCS and The VineYard next to or in connection with ads, offers, and other sponsored content we display in connection with our Services, with no additional compensation to you.  For example, we may use your name and profile picture to show your nearby user s that you have liked, commented on, or recommended a business or brand that has paid us to display its ads, offers, or other sponsored content on TransXen/ DHSpirit / KC EPCS and The VineYard.  We may also post and re-post these likes, comments, recommendations, and other interactions, along with your name and profile picture, in different areas of the Services from time to time.  For example, if you recommend a business, that recommendation will appear in your feed, may later be re-posted from time to time in connection with that business’s other ads on TransXen/ DHSpirit / KC EPCS and The VineYard, and may also appear in lists of TransXen/ DHSpirit / KC EPCS and The VineYard member recommendations featured on the business’s Business Pages. For the avoidance of doubt, this permission is not intended to constitute consent under EU data protection law.

We welcome you to share any feedback, suggestions, or ideas you have about TransXen/ DHSpirit / KC EPCS and The VineYard with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.

5. Interactions with other members.

5.1. Be a good user.

At TransXen/ DHSpirit / KC EPCS and The VineYard, we believe that user behavior is the foundation of healthy communities. This Agreement includes our Community Guidelines on the appropriate use of TransXen/ DHSpirit / KC EPCS and The VineYard.

5.2. Transactions with other members.

In using TransXen/ DHSpirit / KC EPCS and The VineYard and its member-to-member transactional features (such as For Sale, market place & Free), you, and not TransXen/ DHSpirit / KC EPCS and The VineYard, are responsible for your own decisions and actions. Also, your use of Business Pages or any similar feature does not make us an employer, placement agency, representative, or agent of or for you or any other user or service provider. If you and another member decide to work together, the two of you, and not TransXen/ DHSpirit / KC EPCS and The VineYard, are responsible for complying with any laws that might apply, such as tax or employment laws. TransXen/ DHSpirit / KC EPCS and The VineYard is not a party to transactions or disputes between members. If you write a recommendation or other comment about a transaction with a user or their business (for example, a recommendation of a tutor), be truthful, fair and user in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

5.3. Disputes between members; waiver of claims against TransXen/ DHSpirit / KC EPCS and The VineYard.

In the real world and online, the user s sometimes disagree. If you have a dispute with another TransXen/ DHSpirit / KC EPCS and The VineYard member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that TransXen/ DHSpirit / KC EPCS and The VineYard is not responsible for the actions of its members; each member is responsible for their actions and behavior, whether using TransXen/ DHSpirit / KC EPCS and The VineYard or chatting over the back fence. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you by waive California Civil Code §1542, which says: “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, would have materially affected his or her settlement with the debtor or releasing party.”

6. User hood Leads.

Some members, known as Leads, are provided with additional account features to use to support their user hood; they are not TransXen/ DHSpirit / KC EPCS and The VineYard employees, representatives, or agents. To learn more about Leads, click. TransXen/ DHSpirit / KC EPCS and The VineYard does not interview, run background checks on, monitor, supervise, or control TransXen/ DHSpirit / KC EPCS and The VineYard members, including those who are granted Lead status.

7. Text messaging alerts.

If you use our urgent alert text messaging service, note that the alerts are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services. TransXen/ DHSpirit / KC EPCS and The VineYard does not charge for sending text messages, but your carrier may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s wireless carrier may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.  By using our urgent alert text messaging service, you agree to ad to the urgent alert rules described.

8. Copyright and DMCA.

If you believe Content on TransXen/ DHSpirit / KC EPCS and The VineYard infringes your copyright, you can reach our notification agent at TransXen/ DHSpirit / KC EPCS and The VineYard, LLC. Email: copyright@TransXen/ DHSpirit / KC EPCS and The VineYard .com. If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).

9. Parental controls.

Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing the system preferences, settings, and help documentation for your computer or mobile device.

10. Restrictions from our licensors.

Some of the information and services available through TransXen/ DHSpirit / KC EPCS and The VineYard are licensed from third parties and covered by these third-party terms and disclosures.

11. Using our mobile app.

If you download and install the TransXen/ DHSpirit / KC EPCS and The VineYard app, we give you a limited, revocable, non-transferable license to use it only to access and use Trans Xenon your behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.

12. Dispute resolution.

If you have a dispute with TransXen/ DHSpirit / KC EPCS and The VineYard, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.

13. Integration.

To the extent applicable to you, this Agreement includes our terms of Special Entities Terms of Service, Our Community Guidelines, and our Business Addendum. This Agreement constitutes the entire agreement between you and us concerning our Services and supersedes any other agreements or understandings (o*** or written).  We can amend this Agreement and any additional terms by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your user hood’s news feed). If you keep using TransXen/ DHSpirit / KC EPCS and The VineYard after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using TransXen/ DHSpirit / KC EPCS and The VineYard and delete your account.

14. No warranty.

TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using TransXen/ DHSpirit / KC EPCS and The VineYard or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

15. Indemnity.

If someone brings a claim against TransXen/ DHSpirit / KC EPCS and The VineYard (whether against the company or any of its employees, directors, or officers) based on harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages.

16. Liability Limits.

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD, INCLUDING THE TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD SERVICES, OUR SOFTWARE, YOUR USE OF TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD OR ANY TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD SERVICE, OR THIS AGREEMENT. IN NO EVENT SHALL TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD OR OUR SUPPLIERS BE LIABLE TO YOU FOR MORE THAN $10. Some jurisdictions do not allow damages exclusions, so such exclusions may not apply to you.

17. General.

This agreement does not create any agency, partnership, joint venture, joint controllership, employment, or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding, and other translations are for convenience only. If any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act concerning that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not located in a country that is (i) subject to the U.S., Irish, or EU Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country or (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.

18. Jurisdiction-specific disclosures.

18.1. The United States.

If you live in the United States, this section applies to you.

18.1.1. Governing law.

This Agreement is governed by California law, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement section of this Agreement.  However, the governing law provision regarding the interpretation of this Agreement is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise.  This section is only intended to specify the use of California law to interpret this Agreement.

18.1.2. Arbitration agreement.

You and TransXen/ DHSpirit / KC EPCS and The VineYard agree to the arbitration and dispute resolution terms in this section (the “Arbitration Agreement”).  For this Arbitration Agreement, references to “TransXen/ DHSpirit / KC EPCS and The VineYard,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs.  We encourage you to read these important terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually, and include instructions for how to opt-out if you do not agree.

18.1.2.1. Applicability.

You agree that any dispute or claim relating in any way to your access or use of TransXen/ DHSpirit / KC EPCS and The VineYard ’s website, mobile apps, and service, or to any aspect of your relationship with TransXen/ DHSpirit / KC EPCS and The VineYard, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

18.1.2.2. Arbitration rules and forum.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to TransXen/ DHSpirit / KC EPCS and The VineYard, LLC., Attn: Legal Department.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, TransXen/ DHSpirit / KC EPCS and The VineYard will pay them for you.  Also, TransXen/ DHSpirit / KC EPCS and The VineYard will reimburse all such JAMS’ filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

18.1.2.3. Authority of the arbitrator.

The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and TransXen/ DHSpirit / KC EPCS and The VineYard.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.

18.1.2.4. Waiver of a jury trial.

YOU AND TRANSXEN/ DHSPIRIT / KC EPCS AND THE VINEYARD BY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

18.1.2.5. Waiver of class or other non-individualized relief.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in San Francisco, California.  All other claims shall be arbitrated.

18.1.2.6. 30-day right to opt-out.

You have the right to opt-out of the provisions of this Agreement that mandate arbitration by sending written notice of your decision to opt-out to legal@TransXen/ DHSpirit / KC EPCS and The VineYard .com, within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision.  Your notice must include your name and address, your TransXen/ DHSpirit / KC EPCS and The VineYard username (if any), the email address you used to set up your TransXen/ DHSpirit / KC EPCS and The VineYard account (if you have one), and an unequivocal statement that you want to opt-out of this Arbitration Agreement.  If you opt-out of arbitration, all other parts of this Agreement will continue to apply to you.  Opting out of arbitration does not affect any other arbitration agreements that you may currently have, or may enter in the future, with us.

18.1.2.7. Survival of agreement.

This Arbitration Agreement will survive the termination of your relationship with TransXen/ DHSpirit / KC EPCS and The VineYard.

18.1.2.8. Modification.

Notwithstanding any provision in this Agreement to the contrary, we agree that if TransXen/ DHSpirit / KC EPCS and The VineYard makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing TransXen/ DHSpirit / KC EPCS and The VineYard at the following address: legal@TransXen/ DHSpirit / KC EPCS and The VineYard .com.

18.2. Australia, Canada, and Europe.

If you live in Australia, Canada, or Europe, this section applies to you.

18.2.1. Provision of Services and control of information.

If you live in Australia, the Services are operated and provided to you by TransXen/ DHSpirit / KC EPCS and The VineYard Australia Pty Ltd.

For Canadian residents, the Services are operated and provided to you by TransXen/ DHSpirit / KC EPCS and The VineYard Canada Ltd. and we may transfer your personal information to the U.S.

If you live in the EU, the Services are operated and provided to you by TransXen/ DHSpirit / KC EPCS and The VineYard EMEA Limited, an Irish company. For EU data protection law, TransXen/ DHSpirit / KC EPCS and The VineYard EMEA Limited is the controller of your information and may transfer personal data outside the EU by law, in particular to TransXen/ DHSpirit / KC EPCS and The VineYard, LLC.  in the U.S.

The privacy protections and the rights of authorities to access your personal information in the countries to which we transfer data may not be the same as in your home country. TransXen/ DHSpirit / KC EPCS and The VineYard will only transfer personal data as permitted by law, and will take steps intended to ensure appropriate protection of your personal information; please review our Privacy Policy for details. If you have any questions, please contact us.

18.2.2. Jurisdiction and governing law.

If you are a member or visitor based in Australia, then Australian and New South Wales laws may apply to this Agreement, and Australian or New South Wales courts may have jurisdiction to hear disputes arising about this Agreement and may invoke certain local laws against TransXen/ DHSpirit / KC EPCS and The VineYard

If you are a member or visitor based in Canada, then Canadian law may apply to this Agreement and Canadian courts may have jurisdiction to hear disputes arising about this Agreement and may invoke certain local laws against TransXen/ DHSpirit / KC EPCS and The VineYard.

If you are a member or visitor based in the EU, then Irish law shall apply to this Agreement and Irish courts shall have exclusive jurisdiction to hear disputes arising about the Agreement.  Despite this, your local laws in your EU Member State may allow you to sue TransXen/ DHSpirit / KC EPCS and The VineYard in your Member State and to invoke certain local laws against TransXen/ DHSpirit / KC EPCS and The VineYard.