Terms and Conditions

Welcome! These Terms of Use (“Terms”) apply to your use of the products, services and websites operated by DisCover Technologies, Inc. (“DisCover Tech,” “we,” “us” or “our”), including: (1) www.getsocialeyez.com and other websites that include a link to these Terms (our “Websites”); (2) [NAME OF APP] and other products and the associated mobile applications that include a copy or a link to these Terms (our “Products”); and (3) the services we offer through our Products and Websites (our “Services”). Our Websites, Products and Services are collectively referred to in these Terms as our “Platform.”

ACCEPTANCE OF THESE TERMS

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF OUR PLATFORM AND ITS CONTENT. IF YOU ACCESS OR USE OUR PLATFORM, YOU AGREE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH DISCOVER TECH IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE OUR PLATFORM.

IF YOU ARE UNDER 18 YEARS OLD, YOU MUST HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO ACCESS OR USE OUR PLATFORM. IF THIS APPLIES TO YOU, PLEASE READ THESE TERMS AND DISCOVER TECH’S PRIVACY POLICY[GS1]  BEFORE YOU ACCESS OR USE OUR PLATFORM.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR CHILD PERMISSION TO ACCESS OR USE OUR PLATFORM, THESE TERMS APPLY TO YOU AND YOU ARE RESPONSIBLE FOR YOUR CHILD’S ACTIVITIES ON OUR PLATFORM.

CHANGES TO THESE TERMS

WE MAY UPDATE OR MODIFY THESE TERMS FROM TIME TO TIME, INCLUDING BY, WITHOUT LIMITATION, POSTING REVISED VERSION OF THESE TERMS ON OUR WEBSITES AND PUBLISHING A GENERAL NOTICE OF SUCH CHANGES ON OUR WEBSITES OR THROUGH OUR PLATFORM. BY ACCESSING OR USING OUR PLATFORM AFTER WE HAVE PROVIDED SUCH NOTICE, YOU AGREE TO BE BOUND BY SUCH UPDATES OR MODIFICATIONS.

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY

IMPORTANT NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER WHICH REQUIRES THE PARTIES TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. SEE THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS FOR MORE INFORMATION.

COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES (AD TECH)[GS2] 

WE USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD PARTY TRACKING TECHNOLOGIES (COLLECTIVELY, “AD TECH”) ON OUR PLATFORM. WE USE AD TECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH OUR PLATFORM AND OUR CONTENT, INCLUDING WHERE YOU DIRECT YOUR MOUSE, THE INFORMATION YOU TYPE AND OTHER RELATED ACTIVITIES TO SERVE YOU WITH TARGETED ADVERTISING. BY ACCESSING AND USING OUR PLATFORM, YOU ARE CONSENTING TO OUR USE OF AD TECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL DATA ABOUT YOU WHICH WE COLLECT FROM THE USE OF AD TECH WITH OUR THIRD PARTY ADVERTISING, SESSION REPLAY AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE AD TECH, PLEASE SEE OUR PRIVACY POLICY[GS3] .

ONLINE CHAT[GS4] 

YOU CAN CHAT WITH US WHEN VISITING OUR WEBSITES TO REQUEST MORE INFORMATION ABOUT OUR PRODUCTS AND SERVICES. WE USE A THIRD PARTY SERVICE PROVIDER TO PROVIDE THE ONLINE CHAT FEATURE. BECAUSE THIS IS AN AROUND THE CLOCK SERVICE, THE CHAT MAY BE ADMINISTERED BY OUR CUSTOMER SERVICES AGENTS OR OUR SERVICE PROVIDER’S ARTIFICIAL INTELLIGENCE POWERED BOT PROGRAM.

BY USING THE CHAT FEATURE ON OUR WEBSITES, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED AND PROCESSED BY OUR LIVE CHAT PROVIDER ON OUR BEHALF USING A THIRD PARTY ARTIFICIAL INTELLIGENCE PROGRAM. WE WILL HANDLE ANY INFORMATION WE RECEIVE WHEN YOU ENGAGE IN LIVE CHAT IN ACCORDANCE WITH OUR PRIVACY POLICY[GS5] .

  1. ELIGIBILITY
    1. Age Restrictions. Access to and use of our Platform is provided for your personal use, provided you comply with these Terms. You must be at least the age of majority in your state of residence to access or use our Platform. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use our Platform with permission from your parent or legal guardian.

    1. Customers. We provide our Products and Services to individual who have a current subscription to access and use the applicable Products and Services (our “Customers”) and individuals who our Customers authorize to access and use those Products and Services under their subscription (“Connected Users”). Any attempt to access or use any of our Products or Services without a current subscription is strictly prohibited.

  2. ADDITIONAL AGREEMENTS

These Terms constitute a legal agreement between you and us. To the extent any specific terms and conditions apply to our Products or Services you purchased (“Additional Agreements”), your agreement with DisCover Tech will also include those Additional Agreements. To the extent there is a direct conflict between these Terms and the Additional Agreements, the Additional Agreements shall prevail. Together, these Terms and, if applicable, any Additional Agreements (collectively, the “DisCover Tech Agreements”), form the legal and binding contract between you and DisCover Tech.

  • REGISTRATION AND ACCOUNTS
    • Registration Information. You may be required to register and/or create an account to use some of the features of our Platform. Without limiting anything in the applicable DisCover Tech Agreements, when you register with us and/or create an account with us, you agree to provide accurate, current and complete information as prompted by, as applicable, the registration or account enrolment form (“Registration Information”) and to keep such Registration Information accurate, current and complete.
    • Accounts. In addition to any applicable requirements under the applicable DisCover Tech Agreements, if you have an account that provides you with the ability to access or any part of our Platform, the following applies to you:
      • Each account is personal in nature and may only be used by the individual assigned to the account. Thus, you are not permitted to allow any third party to access or use your account, unless otherwise provided in the applicable DisCover Tech Agreements.
      • You are responsible for maintaining the confidentiality and security of your account.
      • You will keep your account login credentials confidential and will be responsible for all uses of your account.
      • You agree to change any account name or login credentials if your login credentials are lost, stolen or otherwise compromised and to immediately notify us of such an incident.
      • You acknowledge and agree that, if you are a Connected User, the applicable Customer has the ability to control and access your account and DisCover Tech has no liability for any such control or access.
      • You authorize us to access your account, including any data stored in or associated with your account, as necessary to administer, operate or configure the applicable Products and Services.
      • You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity in connection with your access to or use of your account, including, without limitation, in connection with any Registration Information you provide to create any account.
    • Customer Accounts and Obligations. If you are a Customer, in addition to, and not in lieu of, any similar terms and conditions set forth in the applicable DisCover Tech Agreements, the following applies to you:
      • Where applicable, subject to your compliance with the applicable DisCover Tech Agreements, we will provide a master account to you to manage your use of the applicable Products and Services (your “Subscriber Account”), including creating individual accounts to enable your Connected Users (subject to any user limits set forth in the applicable DisCover Tech Agreements) to access and use the applicable Products and Services (your “Connected User Accounts”).
      • Each Subscriber Account and applicable Connected User Account (generally, a “Customer Account”) is personal in nature and may only be used by the user assigned to the Customer Account. Without limiting the foregoing, you are prohibited from allowing any access to your Customer Accounts by anyone other than you and your applicable Connected Users.
      • You agree to change the login credentials for any Customer Account (or close the applicable Customer Account) immediately if the login credentials for that Customer Account are lost, stolen or otherwise compromised and to immediately notify DisCover Tech of such an incident.
      • You are fully responsible for all access to and use of the Products and Services associated with your Customer Accounts and for any actions taken through your Customer Accounts.
      • You agree that any Registration Information you provide in connection with establishing a Connected User Account for a Connected User will be true and complete and will be promptly updated and kept accurate and current.
      • Subject to any restrictions set forth in the applicable DisCover Tech Agreements, you authorize DisCover Tech to access any of your Client Accounts, including any information contained therein, as necessary to administer, provide, operate or configure the applicable Products and Services.

    • Connected Platforms. Our Products and Services may provide you or the applicable Customer the ability to connect your account on our Platform with your account on certain platforms or services owned or operated by third parties (“Connected Platforms”), such as Facebook, Instagram, YouTube or TikTok, for the purposes of monitoring your access to and use of a Connected Platform in connection with your access to or use of our Products and Services. If you or the applicable Customer connect your account on our Platform with your account on a Connected Platform, the following applies to you:
      • You understand and agree that DisCover Tech shall have no obligation, responsibility or liability with respect to your access to, use or interaction with any Connected Platform, including, without limitation, the Connected Platform provider’s compliance with applicable data privacy or security laws.

      • You agree to indemnify, defend, compensate and hold DisCover Tech, including its respective officers, directors, employees and agents, harmless from and against any claims, losses, cyber security incidents, liabilities, damages, and expenses (including, without limitation, reasonable attorney’s fees and court costs) arising out of DisCover Tech’s dealings with the applicable Connected Platform and/or the provider of such Connected Platform.

  • OWNERSHIP
    • Platform and Content.
      • All right, title and interest in and to our Platform, including without limitation, the software and code that comprise and operate our Platform, and all of the text, photographs, illustrations, images, graphics, and other materials provided through our Platform, including, without limitation, any outputs, analytics, improvements, modifications, enhancements, additions and derivatives therein and thereof (collectively, our “Content“) are owned by DisCover Tech or third parties who have licensed their content to us. For clarity and without limiting the foregoing, the term “Content” does not include any works created through the use of our Platform, provided the creation, distribution and use of any such created works is in compliance with the terms of the applicable DisCover Tech Agreements. You do not acquire any rights, express or implied, in or to the foregoing other than those specified in the applicable DisCover Tech Agreements. Without limiting the generality of the foregoing, unless otherwise set forth in the applicable DisCover Tech Agreements, you are not permitted to use our Content for any purpose other than those set forth in the applicable DisCover Tech Agreements, including, without limitation, publishing, distributing, or otherwise providing our Content to any third party.
      • Our Platform and our Content are protected by laws governing copyrights, patents, trademarks, service marks, trade secrets and other intellectual property and proprietary rights. In addition, our Platform and our Content in their entirety are each a collective work under U.S. and international copyright laws and treaties and we own the copyright in the selection, coordination, arrangement and enhancement thereof.

    • Marks. The DisCover Tech names and logos, all Product and Service names and descriptions, all graphics, all button icons and all other trademarks and service marks appearing on or used in connection with our Platform, unless otherwise noted are, whether registered or not, DisCover Tech’s trademarks, service marks and/or trade dress (collectively, “Our Marks”). All other company names, logos, product and service names and descriptions, graphics and other content (collectively, “Other Marks”) mentioned, displayed, cited or otherwise referenced without our Platform are the property of their respective owners. You are not authorized to use Our Marks in any manner without our prior written permission as set forth in the applicable DisCover Tech Agreements. You are not authorized to use or display any Other Marks without the prior written permission of the applicable third party.

  • USE OF OUR PLATFORM
    • Changes to Our Platform. DisCover Tech reserves the right, in its sole and absolute discretion, to modify, suspend or discontinue at any time, with or without notice, the availability of all or any part of our Platform, to charge a fee for parts of our Platform that may have been previously provided at no charge and to discontinue any Products or Services offered through our Platform. DisCover Tech is not liable to you or any third party for any modification, suspension or discontinuance of our Platform.
    • Support. Unless otherwise stated in the applicable DisCover Tech Agreements, we have no obligation to provide support or maintenance for, any upgrade or modifications to or new releases of our Platform under these Terms.
    • User Content.
      • Our Platform may provide users with the ability to add, create, upload, submit, distribute or share content on or through our Platform (collectively, “User Content”). Please note, users may submit to our Platform User Content that is inaccurate, misleading or deceptive. DisCover Tech neither endorses or is responsible for any opinion, advice, information or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of DisCover Tech.
      • We have no obligation, but reserve the right, to review, screen, refuse to post, remove (in whole or in part), modify, edit, reorganize, recategorize and delete (at any time, for any reason and with or without prior notice) any User Content in our sole discretion, including, without limitation, upon any violation of the applicable DisCover Tech Agreements. We have no obligation to archive or otherwise store any User Content. We reserve the right to impose limits on the ability to submit User Content.
      • If you provide any User Content (“Your Content”), you acknowledge and agree that we: (1) have the right to access Your Content to administer, provide, operate or configure the Platform; (2) have the right to reproduce, translate, encode, publish, use and distribute any and all of Your Content to the extent necessary to provide, operate or configure the Platform, enforce the DisCover Tech Agreements, detect fraud and comply with applicable laws; (3) have the right to de-identify, anonymize or aggregate any and all of Your Content in a manner that complies with any requirements under applicable law relating to the nature and effect of such de-identification, anonymization or aggregation and, in all cases, does not, as applicable, identify you as the source of Your Content or any individual to whom Your Content relates or identifies (“Aggregated User Content”) and to use, share or commercialize such Aggregated User Content for any lawful purpose, including, without limitation, improving our Platform and developing new products and services; and (4) are not responsible or in any way liable for any corruption, misdelivery or other loss of any of Your Content.
      • As between you and us, you own all right, title and interest in and to Your Content. You are solely responsible for Your Content and DisCover Tech assumes no liability for any of Your Content.
      • You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, in our sole discretion: (1) monitor Your Content; (2) alter, remove or refuse to post or allow to be posted any of Your Content; and/or (3) disclose any of Your Content and the circumstances surrounding its transmission to any third party.
    • Acceptable Use. Your access to and use of our Platform must comply with the following (“Acceptable Use Restrictions”):
      • Personal Use. You may access and use our Platform and our Content only for your personal use. You may not use, reproduce, reuse, adapt, translate, copy, modify, transmit, display, publish, sell, license, publicly perform, create derivative works of, distribute or commercially exploit any portion of our Platform or our Content.
      • No Scraping. You may not use scraping tools, scripts, web crawlers, data mining, robots or similar data gathering and extraction tools in order to scrape, copy or retrieve our Content or any User Content from our Platform.
      • No Framing. You may not link or frame or utilize framing techniques to enclose any of Our Marks or other proprietary information (including images, text, page layout or form) without our express, written consent. You may not use any meta tags or any other “hidden text” utilizing Our Marks without our express, written consent. Any use of our Content, except as specifically permitted in the applicable DisCover Tech Agreements or as otherwise expressly permitted in a writing signed by DisCover Tech, is strictly prohibited.
      • No Impersonation. You may not impersonate or attempt to impersonate another user or person when accessing or using our Platform, including, without limitation when purchasing, accessing or using our Products and Services.
      • No Advertising. You shall not advertise, promote or offer to trade any goods or services using our Platform or our Content or use our Platform or our Content to create a competing service or business.
      • No Harmful Behavior. You shall not submit inaccurate information via our Platform or your account, commit fraud or falsify information in connection with your use of our Platform or your account or act maliciously against the business interests or reputation of DisCover Tech, its employees or its customers. You shall not interfere with another person’s or entity’s use or enjoyment of our Platform or our Content.
      • No Use of AI. You are prohibited from using or incorporating our Content into any large learning model, algorithmic software program, data set, artificial intelligence (“AI”) model or generative AI tool, including, but not limited to, to train or otherwise use our Content in the development or operation of a machine learning or AI system.
      • No Harassment. You shall not harass, annoy, intimidate or threaten any DisCover Tech employees, contractors, agents, customers, representatives or any third party when accessing or using our Platform.
      • No Interference with the Operation of Our Platform. Without limiting any rights you may have under the applicable DisCover Tech Agreements, you shall not interfere with another person’s use or enjoyment of our Platform. You shall not engage in activities designed to disable, damage, change the functionality or appearance of our Platform or render our Platform inoperable or to make it difficult to use.
      • No Hacking. You shall not attempt to gain unauthorized access to other computer systems from or through our Platform or your account. You shall not upload, post or transmit malware, viruses, Trojan horses, worms, time bombs, cancelbots, ransomware or other harmful, disruptive or destructive files or computer programming routines and shall not disrupt, interfere with or otherwise harm or violate the security of our Platform or any system resources, accounts, passwords, servers or networks connected to or accessible through our Platform.
      • No Violations of Law. You are expressly prohibited from accessing or using our Platform or our Content in violation of any applicable international, federal, state or local laws, rules or regulations, including, but not limited to, the privacy laws and the export laws of the United States.
    • Private Messages. Our Platform may provide you with the ability to send private messages to other individuals or devices (“Private Messages”). Except as otherwise provided in the applicable DisCover Tech Agreements, we will not intentionally make any such Private Messages available to any party or device other than the intended recipient. However, you should remain mindful that there is an inherent risk in the use of the internet. Private Messages may be intercepted without our knowledge or consent, collected illegally and/or forwarded by recipients to others. We cannot guarantee the security, privacy or confidentiality of any information, including your Private Messages, that you disclose online, and you do so at your own risk.
    • Personal Data. For information regarding how we collect, use and disclose personal data in connection with our Platform, please see our Privacy Policy[GS6] .
    • Feedback. We welcome comments regarding our Platform. If you submit comments or feedback to us regarding our Platform, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

    • Third Party Services and Links.
      • Third Party Services. You may be able to access, connect to, use or otherwise interact with services, applications, websites and other content owned or otherwise controlled by third parties, including, without limitation, Connected Platforms (“Third Party Services”) through or in connection with your access to or use of our Platform. The providers of such Third Party Services may impose separate terms concerning your access or connection to, use of or other interaction with applicable Third Party Services (“Third Party Terms”). By accessing, connecting to, using or otherwise interacting with any Third Party Services through or in connection with your access to or use of our Platform, you agree to comply with any applicable Third Party Terms presented or that you otherwise agree to in connection with your access or connection to, use of or other interactions with the applicable Third Party Services. We are not responsible or liable for: (1) the availability, functionality or accuracy of any Third Party Service; or (2) the content, products or services on or available through any Third Party Service. The availability of Third Party Services through or in connection the Platform does not imply any endorsement by DisCover Tech of the Third Party Services or any products or services available on or through the Third Party Services.

      • Links to Third Party Sites. Links to websites and other online resources operated by third parties available through our Platform, including links to websites and other online resources operated by a Third Party Service provider, are provided for your convenience and are not operated, controlled or maintained by DisCover Tech. DisCover Tech is not responsible for the availability, content, security, policies or practices of linked websites and other online resources, including, without limitation, the privacy policies and practices of the operators of such websites and other online resources, and you access and use them at your own risk.

  • TERMINATION
    • Right to Terminate. We reserve the right, with or without notice and in our sole discretion, to terminate these Terms, your account and/or your ability to access or use our Platform or our Content for any reason, including, without limitation: (1) for lack of use; (2) if we believe that you have violated or acted inconsistently with the letter or spirit of the applicable DisCover Tech Agreements; (3) in the case of any activity by you that may harm us or other users, including, but not limited to, fraud, abuse of privileges or misuse of our Platform or our Content; (4) the applicable Additional Agreement(s) expire or are terminated; or (5) as instructed by the applicable Customer under whose subscription you are granted the right to access or use the applicable Products and Services.

    • Effect of Termination. All rights granted to you under these Terms shall terminate immediately upon the termination of these Terms and you shall immediately discontinue access to and use of our Platform and our Content. For the avoidance of doubt, our termination of these Terms specifically with respect to your access to and use of our Platform will not cause the termination of the applicable Additional Agreement(s). Any termination of the applicable Additional Agreement(s) shall be subject to the applicable terms set forth therein.

  • PAYMENT AND FEES[GS7] 
    • Fees. You may access and use our Websites or download our Products free of charge but, in order to access and use certain features and functionalities of our Products and Services, you (or the Customer under whose subscription you are granted the right to access and use our Products and Services) must pay for an annual subscription. By subscribing to our Products and Services, you agree to pay the specified subscription fees, which are pre-paid on an annual basis until the applicable subscription is cancelled.

    • Payment; Automatic Renewal; Cancellation and Refunds; Fee Changes. If you are a Customer, the following terms apply to you:
      • Payment.
        • We may terminate your Customer Accounts and revoke your and your Connected Users’ access to and use of our Products and Services if: (1) your payment fails or is untimely; or (2) you contact your bank or credit card company to decline or reverse the charge of fees for our Products and Services.
        • You agree to promptly notify us of any changes to the payment method you provided while any subscriptions remain outstanding.
        • You are responsible for all applicable subscription fees and other charges incurred, including applicable taxes, for all subscriptions purchased by you. In the course of your access to and use the applicable Products and Services, we and/or our third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to us and/or our third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
      • Automatic Renewal. To ensure uninterrupted service, subscriptions to our Products and Services are automatically renewed. This means that, for Customers, unless you cancel your subscription to the applicable Products and Services before the end of the applicable subscription period, your subscription will automatically renew and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes).[GS8] 
      • Cancellation and Refunds. You may cancel your subscription at any time; provided, however, that subscription fees paid for the applicable Products and Services are non-refundable. The methods for cancelling your subscription are:
        • If you purchase your subscription to our Products and Services through our Websites, you may cancel your subscription through your Subscriber Account or by emailing us at [EMAIL ADDRESS].
        • If you purchase your subscription through our Products distributed through the Apple App Store or the Google Play Store (each, an “App Store”), you must cancel your subscription through the applicable App Store. Please note, that if you purchase your subscription through the:
          • Apple App Store or the iPhone version of our Products, you may cancel automatic renewals by selecting Manage App Subscriptions in your Apple App Store account settings and selecting the subscription you want to modify.
          • Google Play Store or the Android version of our Products, you may cancel automatic renewals in your Google Play Store account settings under “Subscriptions” in the Google Play Store app or according to the current process outlined by Google.

      • Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you do not agree with the fee changes, you may cancel your subscription to the applicable Products and Services.

  • DISCLAIMERS AND LIMITATION OF LIABILITY
    • Disclaimers. IN ADDITION TO, AND NOT IN LIEU OF, ANY DISCLAIMERS SET FORTH IN THE APPLICABLE DISCOVER TECH AGREEMENTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, OUR PLATFORM AND OUR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY CONDITION OR WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION OR NON-INFRINGEMENT. NOTHING WE OR OUR AFFILIATES SAY OR WRITE SHALL CREATE A WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT OUR PLATFORM, OUR CONTENT OR ANY OF THE RESULTS FROM THE USE THEREOF WILL MEET YOUR OR ANY THIRD PARTY’S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED OR DESIRED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS OR OTHER SERVICE OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE. WE EXPRESSLY DISCLAIM THAT OUR PLATFORM AND OUR CONTENT WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE. WE DO NOT REPRESENT THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER INFORMATION THAT IS COLLECTED, STORED, UPLOADED TO, GENERATED OR OTHERWISE USED IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR PLATFORM OR OUR CONTENT WILL NEVER BE ERRONEOUSLY DELETED OR MISDELIVERED. YOUR ACCESS TO AND USE OF OUR PLATFORM AND OUR CONTENT, DOWNLOAD OF ANY SOFTWARE RELATING THERETO AND ANY USE OF ANY INFORMATION WE MAY PROVIDE, OR RESULTS GENERATED THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR PLATFORM OR OUR CONTENT IS AT YOUR SOLE OPTION, DISCRETION AND RISK.
    • Your Liability.
      • YOU AGREE THAT YOU WILL ONLY ACCESS AND USE OUR PLATFORM AND OUR CONTENT IN ACCORDANCE WITH THE APPLICABLE DISCOVER TECH AGREEMENTS. YOU WILL COMPENSATE DISCOVER TECH IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) FOR WHICH DISCOVER TECH (OR ANY OF THE RELEASED PARTIES) INCUR ARISING FROM ANY BREACH BY YOU OF THE APPLICABLE DISCOVER TECH AGREEMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DISCOVER TECH, ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THE APPLICABLE DISCOVER TECH AGREEMENTS, INCLUDING WITHOUT LIMITATION YOUR ACCESS TO OR USE OF OUR PLATFORM OR OUR CONTENT IN A MANNER THAT DOES NOT COMPLY WITH THE APPLICABLE DISCOVER TECH AGREEMENTS OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
      • THE RELEASED PARTIES RESERVE THE RIGHT TO SEEK ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY FOR YOUR VIOLATION OF THE APPLICABLE DISCOVER TECH AGREEMENTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO BLOCK ACCESS TO OUR PLATFORM FROM A PARTICULAR INTERNET ADDRESS AND REPORT MISUSE TO LAW ENFORCEMENT.

    • Limitation of Our Liability.
      • TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL DISCOVER TECH OR ANY OF THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE APPLICABLE DISCOVER TECH AGREEMENTS OR IN CONNECTION WITH THE ACCESS TO, USE OF, OR INABILITY TO USE OUR PLATFORM OR OUR CONTENT, COMMUNICATION BY DISCOVER TECH TO YOU, PERFORMANCE OF OUR PLATFORM OR OUR CONTENT, USER CONSENT OR ANY PURCHASE MADE THROUGH OR IN CONNECTION WITH OUR PLATFORM, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN WHEN DISCOVER TECH OR A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
      • DISCOVER TECH ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR: (1) ANY DAMAGES TO, OR MALWARE THAT MAY INFECT, YOUR ELECTRONIC DEVICES OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM OR YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY OF OUR CONTENT OR USER CONTENT FROM OR IN CONNECTION WITH OUR PLATFORM; (2) ANY CONTENT AVAILABLE ON OR THROUGH OUR PLATFORM OR ANY THIRD PARTY WEBSITES OR ONLINE RESOURCES LINKED TO OUR PLATFORM; OR (3) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF ONLINE CHAT FEATURES OR AD TECH ON OUR PLATFORM, INCLUDING USE OF COOKIES, SESSION REPLAY TECHNOLOGY OR ANY OTHER ADVERTISING OR WEBSITE ANALYTICS TECHNOLOGIES.
      • IN NO EVENT WILL DISCOVER TECH’S OR ANY RELEASED PARTY’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED THE LESSER OF: (1) THE SUBSCRIPTION FEES PAID FOR THE PRODUCT OR SERVICE FORMING THE BASIS OF THE CLAIM, IF ANY; OR (2) $100. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OR ANY LIMITED REMEDY.

      • These limitations of liability apply to anything related to the applicable DisCover Tech Agreements, our Platform, any third party websites and all claims for breach of contract (whether for the purchase of Products or Services or otherwise), breach of warranty, breach of guarantee, breach of condition, strict liability, negligence or other tort to the extent permitted by applicable law. These limitations of liability also apply even if: (1) repair, replacement or a refund for the Products and Services does not fully compensate you for any damages; or (2) DisCover Tech or a Released Party knew or should have known about the possibility of the damages.

  • DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

  • Waiver of Rights. YOU AGREE THAT BY ACCESSING OR USING OUR PLATFORM, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IF THE FOREGOING CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AND DISCOVER TECH EACH AGREE NOT TO SEEK, AND WAIVE ANY RIGHT, TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE THROUGH CLASS OR COLLECTIVE CLAIMS.
    • Agreement to Arbitrate.
      • YOU AND DISCOVER TECH AGREE THAT, EXCEPT AS PROVIDED IN SECTION 9.2(b) BELOW OR IF YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 9.4 BELOW, ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OR YOUR ACCESS TO OR USE OF OUR PLATFORM OR OUR CONTENT SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION 9.
      • NOTWITHSTANDING SECTION 9.2(a), YOU AND DISCOVER TECH AGREE THAT THE FOLLOWING DISPUTES ARE NOT SUBJECT TO BINDING ARBITRATION: (1) ANY DISPUTES SEEKING TO ENFORCE OR PROTECT, OR CONCERNING THE VALIDITY OF, ANY OF YOUR OR DISCOVER TECH’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO, OR ARISING FROM, ALLEGATIONS OF THEFT, PIRACY, INVASION OF PRIVACY OR UNAUTHORIZED USE; AND (3) ANY CLAIM FOR INJUNCTIVE RELIEF. IF THIS SECTION 9 IS FOUND TO BE ILLEGAL OR UNENFORCEABLE THEN NEITHER YOU NOR DISCOVER TECH WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF THIS SECTION 9 FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE COURTS LISTED FOR JURISDICTION BELOW AND YOU AND DISCOVER TECH AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.
      • THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 (“FAA”) AND NOT BY STATE LAW.
      • THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.
      • THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION 9.
      • FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS: (1) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (2) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES AND THE HEARING (IF ANY) WILL TAKE PLACE IN [CITY, STATE].
      • THE ARBITRATOR IS BOUND BY THIS AGREEMENT TO ARBITRATE. YOU AND DISCOVER TECH ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN ITS SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING: (1) THERE SHALL BE NO PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER SPECIAL DAMAGES; (2) ALL DAMAGES, CLAIMS AND AWARDS WILL BE GOVERNED BY [STATE] LAW; (3) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEY’S FEES. IF YOU PROVE THAT YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY, INDIVIDUALLY AND AS A GROUP, TO PAY SUCH FEE. THE ARBITRATION PROCEEDINGS AND DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES.
      • THE ARBITRATOR SHALL NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
      • THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
      • THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION OR APPLICABLE BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
      • EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 9.4, THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF THESE TERMS AND YOUR RELATIONSHIP WITH THE RELEASED PARTIES.
      • EXCEPT FOR THE TYPES OF DISPUTES DESCRIBED IN SECTION 9.2(b) ABOVE, ALL OTHER CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, IN OTHER WORDS, WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION, SHALL BE DETERMINED BY THE ARBITRATOR.
    • Information About Arbitration. Information about AAA and how to start arbitration can be found at https://adr.org. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. You will not be able to have a court or jury trial or participate in a class action or class arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND THAT ANY DISPUTE WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR SIMILAR PROCEEDING.

    • Opt Out of Agreement to Arbitrate. If you wish to opt out of the agreement to arbitrate, within 45 days of the effective date of these Terms or when you first access or use our Platform or our Content, whichever is later, you must send us a letter stating “Request to Opt Out of Agreement to Arbitrate” to:

DisCover Technologies, Inc.

[ADDRESS]

[CITY, STATE ZIP]

Attn: [TITLE]

  • Venue for Litigation. If the agreement to arbitrate in Section 9.2 above is found unenforceable or to not apply for a given dispute, or if you opt out of the agreement to arbitrate in accordance with Section 9.4, then, unless prohibited by applicable law, the proceedings must be brought exclusively in the [APPLICABLE FEDERAL COURT] or the courts of the state of [STATE] covering [COUNTY, STATE], as appropriate. YOU ALSO THEREFORE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSES OF LITIGATING SUCH CLAIMS OR DISPUTES AND YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AND AGREE TO REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY INCLUDED IN THESE TERMS.

    • Prevailing Party. In any arbitration proceeding or litigation, as applicable, between you and the Released Parties in connection with these Terms, your access to or use of our Platform or our Content or your dealings with the Released Parties in connection therewith, the prevailing party will be entitled to receive from the other party, in addition to all other damages to which it may be entitled, the costs incurred by the prevailing party in conducting such arbitration or litigation, as applicable, including, without limitation, reasonable attorney’s fees, expenses and court costs.

  • DMCA POLICY[GS9] 
    • DisCover Tech’s Policy. DisCover Tech respects the intellectual property rights of others. You must ensure that Your Content does not infringe any third party’s copyright. We will remove Your Content and other materials contained within our Platform in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notices that Your Content or other materials contained within our Offerings infringe a third party’s copyright. Additionally, subject to Section 10.4 below, we will terminate your account if you are a repeat infringer.

    • Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any user submission or other content contained within on our Platform infringes upon your copyrights, you may submit a notification pursuant to the DMCA to the address provided below. Such notification must contain the following:
      • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
      • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
      • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      • a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DisCover Tech may disclose DMCA notices to affected users and third party databases that collect information about copyright takedown notices.

  1. Counter Notifications. If Your Content is removed pursuant to a notice of copyright infringement and you want to challenge the removal, you must provide us a counter notification to the address provided below. Such counter-notification must contain the following:
    1. information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
    1. a description of the material that was removed and where the material previously appeared within on our Platform reasonably sufficient to permit us to identify the material;
    1. a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
    1. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, any judicial district in which DisCover Tech may be found (the [APPLICABLE FEDERAL COURT]) and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person; and

    1. your physical or electronic signature.

We will forward any complete counter-notification to the person who provided the initial DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may, but are not obligated to, restore Your Content and other materials. Until that time, Your Content and other materials will remain removed.

  1. Repeat Infringers. Without limiting anything else in the applicable DisCover Tech Agreements, we will terminate your account if you receive three (3) DMCA Takedown Actions. A “DMCA Takedown Action” occurs each time Your Content or other materials are removed due to a DMCA notice. We may group multiple DMCA notices received in a short period of time as a single DMCA Takedown Action. We may remove a DMCA Takedown Action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter-notification; or (2) the party who provided the DMCA notice withdraws their complaint.

    1. Address for Notices. DMCA notices and counter-notifications may be sent to our designated agent, [NAME], at the following addresses:

By email to:        [EMAIL ADDRESS]

By mail to:         DisCover Technologies, Inc.

Attn: [NAME/TITLE]

[ADDRESS]

[CITY, STATE ZIP]

Please Note: If you knowingly and materially misrepresent that any material contained or activity occurring within our Platform infringes your copyright or was removed by mistake or misidentification, you may be held liable for damages under the DMCA.

  1. Special Terms for Apps Distributed Through App Stores
    1. Acknowledgement. Our Products consisting of mobile applications, including, but not limited to [NAME OF APP], may be available through one or more App Stores (“Mobile Application Products”). You understand that these Terms are between you and DisCover Tech, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). DisCover Tech, not an App Distributor, is solely responsible for the Mobile Application Products. In the event that the rules and restrictions in the applicable DisCover Tech Agreements related to your access to or use of the Mobile Application Products (collectively, the “Mobile Application Products Agreements”) conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control with respect to the Mobile Application Products.
    1. Scope of License. The licenses granted to you for the Mobile Application Products in the applicable Mobile Application Products Agreements are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
    1. Maintenance and Support. DisCover Tech is solely responsible for providing any maintenance and support services with respect to the Mobile Application Products, as specified in the Mobile Application Products Agreements or as required under applicable law. You and DisCover Tech acknowledge that the applicable App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application Products.
    1. Warranty. DisCover Tech is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the Mobile Application Products Agreements. In the event of any failure of a Mobile Application Product to conform to any applicable warranty, you may notify the applicable App Distributor and the App Distributor, in accordance with its terms and conditions, may refund the purchase price, if any, paid for the applicable Mobile Application Product. Further, to the maximum extent permitted by applicable law, the applicable App Distributor will have no other warranty obligation whatsoever with respect to the Mobile Application Products, and, subject to the limitations of liability set forth in the Mobile Application Products Agreements, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform with any warranty will be DisCover Tech’s sole responsibility.
    1. Product Claims. You and DisCover Tech acknowledge that DisCover Tech, not the applicable App Distributor, is responsible for addressing any claims that you or any third party have relating to the Mobile Application Products or your possession and/or use of the Mobile Application Products, including, but not limited to: (1) product liability claims; (2) any claim that the Mobile Application Products fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.
    1. Intellectual Property Rights. You and DisCover Tech acknowledge that, in the event of any third party claim that the Mobile Application Products or your possession and use of the Mobile Application Products infringe that third party’s intellectual property rights, subject to the limitations of liability and indemnification obligations set forth in the Mobile Application Products Agreements, DisCover Tech, not the applicable App Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    1. Third Party Terms. You must comply with applicable third party terms when accessing or using the Mobile Application Products.

    1. Third Party Beneficiary. You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the Mobile Application Products, and that, upon your acceptance of these Terms, the applicable App Distributors will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.

  2. MISCELLANEOUS
    1. Conflicts. In the event of any conflict or inconsistency between the provisions of any Additional Agreement and these Terms, the governing order of precedence shall be in the priority listed in this sentence.
    1. Governing Law and Forum. These Terms will be governed by the laws of [STATE] without giving effect to any choice of law provision or rule that would require or permit the application of the laws of any other jurisdiction other than those of [STATE].
    1. Waiver and Cumulative Remedies. No failure or delay by you or DisCover Tech in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive or in lieu of, any other remedies you or DisCover Tech have under the applicable DisCover Tech Agreements, at law or in equity.
    1. International Use of Our Platform. Our Platform is controlled and operated by DisCover Tech from the United States and is not intended to subject DisCover Tech to the laws or jurisdiction of any state, country or territory other than that of the United States. DisCover Tech does not represent or warrant that our Platform or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access our Platform, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the availability of our Platform, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
    1. Unavailability. Our Platform, our Content or your account may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation, unavailability caused by or arising out of: (1) hardware, software, server, network or telecommunications failures; (2) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, labor shortage, etc.; (3) regulatory restrictions and other acts of government; (4) interruptions due to utility and power companies; or (5) interruptions due to hacking or other malicious intrusion.
    1. Survival. The provisions of these Terms which by their nature are intended to survive the termination of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination.
    1. Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Without limiting the foregoing, if any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
    1. Electronic Communications. The communications between you and DisCover Tech use electronic means. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically, including, without limitation, the applicable DisCover Tech Agreements, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    1. Assignment. We reserve the right to transfer, assign, sublicense or pledge any or all of the DisCover Tech Agreements, in whole or in part, to any person, with or without notice to you, provided that any such assignment will be on terms that are no less advantageous to you. You may not assign, sublicense, pledge or otherwise transfer in any manner whatsoever any of your rights or obligations under the DisCover Tech Agreements.

  3. CONTACT US

Our Platform is operated by:

DisCover Technologies, Inc.

[ADDRESS]

[CITY, STATE ZIP]

All feedback, comments, requests for technical support and other communications relating to our Platform should be directed to [EMAIL ADDRESS].

  • Restore Online Shoppers Confidence Act (ROSCA), a federal statute that applies to “negative option” transactions, defined as “an offer or agreement to sell or provide any goods or services, a provision under which the customer’s silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.” Under ROSCA, if a business charges or attempts to charge any consumer for goods or services online through a negative option, it must: (1) clearly and conspicuously disclose the material terms of the transaction before obtaining billing information; (2) obtain the consumer’s express informed consent before charging the consumer (Note: Based on recent guidance by the FTC, obtaining a consumer’s through the consumer’s general acceptance of the Terms or obtaining a consumer’s consent through the use of a “pre-checked” box is likely insufficient to constitute express informed consent); and (3) provide simple mechanisms for a consumer to stop recurring charges.

  • Renewal Law (ARL), a California law that imposes information, notice and consent requirements on businesses that make automatic renewal or continuous service offers to California consumers. If a business is using an automatic renewal or continuous service plan that the consumer must cancel to stop automatic charges, the business must, among other things: (1) present the offer terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled; (2) obtain the consumer’s affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms; (3) provide an acknowledgement that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy and information regarding how to cancel in a manner that is capable of being retained by the consumer. Note: There are additional requirements under ARL, including those that apply in certain situations, such as notices that must be provided if the initial term of the subscription is 1 year or longer or where a consumer accepts a free gift or trial or the business makes an automatic renewal offer or continuous service offer at a promotional or discounted price for a limited period of time or if there is a material change in the terms of the automatic renewal or continuous service that a consumer has previously accepted.