As of December 1st, 2022
This Agreement is a legal document which sets out your rights and obligations, and those of DISC SOFTWARE ("DS"), a company registered in the state of Washington, USA (“Company”, “Service”, “we”, “us” or “our”), in relation to this website (the “Site”, “Website” or “Service”) and the services offered by DS through it.
All use of this Site and all associated services is subject to the following terms and conditions ("Terms of Use"). By accessing and browsing this Site and all related services, you agree to be bound by these Terms of Use.
We alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to DS. The company name, the company logo, and the product names associated with DS are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of the DS is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through DS. The posting of information or materials on DS does not constitute a waiver of any right in such information and materials. Some of the content on the site may be the copyrighted work of third parties.
DS is providing this service on an “as is, as available” basis without representation or warranty of any kind. DS does not guarantee as to the continuous availability of the service, the accuracy of the data presented by the service, or of any specific feature(s) of the service, however we will do our best to do so. DS will inform you of any significant changes to the service it may occasionally make. DS may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. DS is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, technical, security, engineering, legal or other professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and DS.
Use the Service to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person.
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service without our prior written authorization.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or features that enforce limitations on the use of the Service.
Intentionally interfere with or damage operation of the Service, by any means.
Use the Service with the direct or indirect purpose of any privacy violation.
If You decide not to subscribe (or to continue subscribing) to the Service, DS will retain your data for 45 days beyond the end of Your paid access. You may view, export and delete data during the 45 day window, but You will no longer be able to add new data to the Service. With the exceptions of your email address and payment history, all of Your data will be removed from the Service at the end of the 45 day window. Payment history and email address will be maintained for a period of 3 years.
In case you are not satisfied with the Service, once you have subscribed you have the right to obtain a full reimbursement, given that your request is sent within 30 days from the subscription payment. DS accepts only refund requests sent through the Request A Refund option in the Settings section of our website. You have the right to request a reimbursement without giving explanations. The right to be refunded is invalid if You have violated the Terms of Service and/or if you send the request more than 30 after payment. DS warrants a reimbursement within 30 days from receipt of reimbursement request.
DS reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any associated tool or services, with or without notice at any time for any reason whatsoever including, but not limited to, violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, DS reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. DS shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
DS reserves the right to modify these Terms of Use at any time upon posting. By continuing to use this Site and related services after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them.
Third party content may appear on the Website or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through DS (unless otherwise stated), and in no event shall Company or its licensors be responsible for any content, products, or other materials on or available from such sites.
You agree to indemnify, save, and hold DS, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Service, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. DS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify DS, and You agree to cooperate with DS's defense of these claims. DS will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
WHERE APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH DS.
IN NO EVENT WILL THE TOTAL LIABILITY OF DS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.