DiscoveryMark icon

Terms and Conditions

Welcome to DiscoveryMark (https://discoverymark.com)!

These terms and conditions outline the rules and regulations for the use of DiscoveryMark Corp's website, located at https://discoverymark.com. These terms and conditions are effective starting August 1, 2023.

By accessing this website we assume you accept these terms and conditions. Do not continue to use https://discoverymark.com or its related subdomains if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved through arbitration conducted in South Carolina in accordance with the rules and procedures of the American Arbitration Association or any other mutually agreed-upon arbitration service. The arbitration shall take place in South Carolina, and the language of the arbitration shall be English.

The parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts located within the State of South Carolina to resolve any disputes not subject to arbitration.

This governing law and arbitration provision is binding upon and inures to the benefit of the parties to this Agreement and their respective successors and assigns.

You and DiscoveryMark Corp agree that any arbitration will be conducted on an individual basis and not on a class, collective, or representative action. You and DiscoveryMark Corp expressly waive any right to participate in class actions, class arbitrations, private attorney general actions, or any consolidated, coordinated, or joint actions of any kind.

By using this website or service, you expressly acknowledge and agree to be bound by the terms of this Governing Law and Arbitration section. If you do not agree to these terms, please do not use our website or service.

Please note that it's crucial to have your ToS reviewed by a legal professional to ensure it complies with applicable laws and regulations in South Carolina and to address your specific business needs

User Eligibility

By using this website or service, you represent and warrant that you meet the following eligibility criteria:

  1. Legal Age: You must be of legal age to form a binding contract in the jurisdiction where you reside. If you are under the legal age in your jurisdiction, you may use this website or service only with the involvement and approval of a parent or legal guardian.
  2. Authority for Business Users: If you are using this website or service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind the entity to these Terms of Service and that the entity accepts these terms.
  3. Individual Users: If you are an individual using this website or service, you represent and warrant that you have the legal capacity and authority to enter into this agreement and to abide by all the terms and conditions set forth herein.

If you do not meet these eligibility requirements or do not agree to the terms and conditions of this agreement, you are not permitted to use this website or service.

By using this website or service, you acknowledge and agree to the terms of this User Eligibility section. If you do not meet the eligibility criteria or do not agree to these terms, please do not use our website or service.

User Accounts

Users will register by using the registration flow on https://app.discoverymark.com/signup. Doing so will create an account for you in our database and consents for us to collect data on your sites. You assume the responsibility to update your privacy policy to allow the collection of user feedback on your site. Our databases will collect data entered into our widget on your site. All data can be deleted by the user using our dashboard interface found at https://app.discoverymark.com.

Using a strong password is your responsibility as a user to prevent unauthorized access to feedback of your website.

It is DiscoveryMark Corps right to suspend or terminate accounts we find to be fraudulent or breaking the terms and conditions listed in this document.

Privacy Policy

DiscoveryMark Corp reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You can find our full privacy policy at https://discoverymark.com/privacy-policy.

User Conduct

You must not:

  • Republish material from https://discoverymark.com
  • Sell, rent or sub-license material from https://discoverymark.com
  • Reproduce, duplicate or copy material from https://discoverymark.com
  • Redistribute content from https://discoverymark.com

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of DiscoveryMark Corp; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to DiscoveryMark Corp. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of DiscoveryMark Corp's logo or other artwork will be allowed for linking absent a trademark license agreement.

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Intellectual Property

Unless otherwise stated, DiscoveryMark Corp and/or its licensors own the intellectual property rights for all material on https://discoverymark.com. All intellectual property rights are reserved. You may access this from https://discoverymark.com for your own personal or business use subjected to restrictions set in these terms and conditions.

You hereby grant DiscoveryMark Corp a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Dispute Resolution

If there is any disagreement or dispute between you and DiscoveryMark Corp, you agree to go through arbitration in the state of South Carolina.

Limitation Of Liability

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. DiscoveryMark Corp does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of DiscoveryMark Corp, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, DiscoveryMark Corp shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided, we will not be liable for any loss or damage of any nature.

Termination

DiscoveryMark Corp can terminate an account for any reason. Upon termination, we will allow you to collect on any data that we have collected for you.

You, the user, can terminate your account with us at any time.

Change Of Terms

DiscoveryMark Corp can and will update these terms and conditions at any time, and will replace this document and will become the agreed upon terms and conditions until you cancel your account with us. We will email our users in advance if our terms and conditions will be changing with the email we have on file.

Contact Information

If you need to contact our company, you can reach us by mail at 1260 Wading Point Blvd, Huger, SC 29450.

Severability

If one or more parts of the agreement are found invalid, the rest of the terms remain in effect.

Idemnification

You agree to indemnify, defend, and hold harmless DiscoveryMark Corp, its affiliates, officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising out of or in connection with your use of this website or service, your violation of these Terms of Service, or your violation of any rights of another person or entity.

You agree to cooperate as reasonably required by DiscoveryMark Corp in the defense of any claim. DiscoveryMark Corp reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of DiscoveryMark Corp.

This indemnification section will survive any termination of these Terms of Service and your use of this website or service. It extends to any claims, actions, or demands, including, but not limited to, reasonable attorney's fees and legal costs.

Cookies

We employ the use of cookies (as well sessions storage and local storage). By accessing https://discoverymark.com, you agreed to use cookies in agreement with the DiscoveryMark Corp's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies, as well as tracking for analytical purposes.