DISCUSSO TERMS AND CONDITIONS OF USE

mukiialice64
Samples legal papers
February 26, 2024

DISCUSSO TERMS AND CONDITIONS OF USE

Welcome to Discusso, LLC’s (“Discusso,” “we,” “us,” or “our”) website located at www.discusso.io and the Discusso Chrome browser extension (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and Conditions of Use (the “Agreement”).

This Agreement governs your use of the Service and constitutes a legally binding agreement between you and Discusso. If you do not agree to the terms of this Agreement, you may not use the Service.

Please note that we may modify this Agreement at any time, at our sole discretion, and without notice to you. Any modifications to this Agreement will be effective immediately upon posting on the Service. Your continued use of the Service following any modifications constitutes your acceptance of the modified Agreement.

We may also, at our sole discretion, modify, discontinue, or terminate the Service or any part thereof at any time, without notice to you. We shall not be liable to you or any third party for any modification, discontinuance, or termination of the Service or any part thereof.

  1. USE OF THE SERVICE
  • Eligibility. You must be 18 years of age or older to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are between 13 and 17 years of age, you may only use the Service with the permission and supervision of a parent or legal guardian who agrees to be bound by this Agreement and takes full responsibility for your compliance with this Agreement. If you are a parent or legal guardian agreeing to these terms on behalf of a user between 13 and 17 years of age, you hereby agree to be bound by this Agreement and to be fully responsible for the user’s compliance with this Agreement.
  • License to Use. Subject to your compliance with this Agreement, Discusso grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use.
  • Prohibited Activities. You agree not to use the Service for any unlawful purpose or in any way that violates this Agreement. Prohibited activities include, but are not limited to:
    • Posting or transmitting any content that is illegal, fraudulent, defamatory, obscene, or otherwise offensive;
    • Interfering with the Service, including by attempting to access any part of the Service you are not authorized to access, or by disabling or circumventing any security features of the Service;
    • Using the Service to solicit personal information from other users or to transmit unsolicited commercial communications (spam);
    • Collecting information about other users of the Service without their consent; and
    • Reverse engineering, decompiling, or disassembling any aspect of the Service.
  • User Content. You are solely responsible for any content you post or transmit using the Service (“User Content”). You represent and warrant that your User Content:
    • Does not infringe on any third party’s intellectual property rights;
    • Is not defamatory, obscene, or otherwise offensive;
    • Does not violate any law or regulation;
    • Does not contain viruses or other harmful components; and
    • Is accurate, complete, and up-to-date.
  • Monitoring User Content. Discusso has no obligation to monitor User Content. However, Discusso reserves the right, in its sole discretion, to remove any User Content that violates this Agreement or that Discusso deems objectionable.
  • Account Information. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify Discusso immediately of any unauthorized use of your account or any other breach of security. Discusso will not be liable for any loss or damage arising from your failure to comply with this section.

 

  1. PRIVACY POLICY
  • Your privacy is important to Discusso, and we take the protection of your personal information seriously. Our Privacy Policy explains how we collect, use, and disclose your information when you use the Service. By using the Service, you agree to the collection, use, and disclosure of your information in accordance with the Privacy Policy, which is incorporated into this Agreement by reference.
  • We may collect information about you, including personally identifiable information, as part of providing the Service to you. This information may include your name, email address, and other contact information, as well as information about your use of the Service. We may use this information to provide the Service to you, to communicate with you about the Service, and to improve the Service.
  • We may also share your information with third-party service providers that help us provide the Service, as well as with law enforcement agencies or other third parties when required by law or when we believe in good faith that such disclosure is necessary to protect our rights or the rights of others.
  • By using the Service, you acknowledge and agree that Discusso may collect, use, and disclose your information as described in the Privacy Policy. If you have any questions or concerns about the Privacy Policy or our data handling practices, please contact us at support@discusso.io.

 

  1. INTELLECTUAL PROPERTY
  • Ownership of Intellectual Property. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Discusso, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • Use of Content. Subject to your compliance with this Agreement, Discusso grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and the content provided therein solely for your personal, non-commercial use.
  • Trademarks. Discusso, the Discusso logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Discusso or its affiliates or licensors. You may not use these marks without the prior written permission of Discusso. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
  • Copyright Policy. Discusso respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Service infringes upon your copyrights, please follow our Copyright Infringement Notice and Takedown Procedure.
  • User Content. You retain all rights in any content you post or transmit using the Service (“User Content”). By posting or transmitting User Content, you grant Discusso a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Discusso’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
  • Feedback. If you provide Discusso with any feedback or suggestions regarding the Service, you hereby assign to Discusso all rights in such feedback and agree that Discusso shall have the right to use and fully exploit such feedback in any manner it deems appropriate.
  • Digital Millennium Copyright Act. Discusso complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have any complaints or objections to material posted on the Service that you believe infringes your copyright, please follow our Copyright Infringement Notice and Takedown Procedure.
  • Third-Party Content. The Service may contain links to third-party websites or resources. You acknowledge and agree that Discusso is not responsible or liable for the availability or accuracy of such websites or resources, or for the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Discusso of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

  1. PROHIBITED CONDUCT:
    • You agree not to engage in any of the following prohibited activities:
      • Use, copy, modify, or distribute any content from the Service without Discusso’s express written consent.
      • Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
      • Harass, threaten, or otherwise violate the legal rights of others, including their privacy and publicity rights.
      • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.
      • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
      • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Discusso, may harm Discusso or users of the Service or expose them to liability.

 

  1. TERMINATION:
    • Discusso reserves the right to terminate or suspend your access to all or part of the Service at any time, with or without cause, and with or without notice, in its sole discretion. Termination of your access to the Service may include removal of your User Content and barring of further use of the Service. In the event of termination or suspension, all licenses and other rights granted to you under this Agreement will immediately cease.
    • Upon termination of your access to the Service, you agree to immediately cease all use of the Service and any Discusso intellectual property, including but not limited to trademarks, logos, and copyrighted material. You acknowledge and agree that Discusso shall not be liable to you or any third-party for any termination of your access to the Service or for any consequences thereof.
    • If you wish to terminate your account with Discusso, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

  1. DISCLAIMER OF WARRANTIES:
    • The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, services, uninterrupted access, or products provided through or in connection with the Service, including without limitation the software licensed to you and the results obtained through the Service. Specifically, we disclaim any and all warranties, including without limitation:
      • Any warranties concerning the availability, accuracy, usefulness, completeness, reliability, or timeliness of the Service, any content or information provided through the Service, or any products or services obtained through the Service. We do not warrant that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free.
      • Any warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
    • You acknowledge and agree that you use the Service at your own risk and that Discusso shall not be responsible for any harm to your computer system or loss of data that results from the use of the Service. We make no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free. We make no warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, completeness, reliability, or timeliness of any information obtained through the Service.
    • We reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time and without notice to you. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

 

  1. LIMITATION OF LIABILITY:
    • DISCUSSO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
      • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
      • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
      • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
      • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
      • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY,
      • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISCUSSO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND THAT DISCUSSO WOULD NOT BE ABLE TO PROVIDE THE SERVICE WITHOUT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DISCUSSO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.

 

  1. INDEMNIFICATION:
    • You agree to indemnify, defend, and hold harmless Discusso, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, “Indemnified Parties”) from and against any and all claims, demands, damages, losses, liabilities, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) (collectively, “Claims”), arising out of or relating to:
      • Your use of the Service, including but not limited to any violation of these Terms of Use, any unauthorized use of the Service, any User Contributions you submit, and any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use.
      • Your violation of any law or the rights of a third party, including but not limited to any intellectual property rights, privacy rights, or publicity rights.
      • Any breach by you of any representation, warranty, or covenant contained in these Terms of Use.
    • You agree to cooperate fully with the Indemnified Parties in the defense of any such Claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any such Claim without the prior written consent of the Indemnified Parties.
    • You acknowledge and agree that the Indemnified Parties have no liability whatsoever in connection with any such Claim, and that you will indemnify, defend, and hold the Indemnified Parties harmless from and against any and all Claims, damages, losses, liabilities, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) in any way related to any such Claim.

 

  1. GOVERNING LAW AND JURISDICTION:
    • These Terms of Use and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Service shall be instituted exclusively in the federal or state courts located in San Francisco, California. You agree to submit to the personal jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    • Any dispute arising out of or related to these Terms of Use or the Service shall be resolved through binding arbitration in San Francisco, California under the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You agree to waive any right to a jury trial or to participate in a class action. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees and costs.

 

  1. WAIVER AND SEVERABILITY:
    • No waiver by Discusso of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Discusso to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Discusso in writing.
    • If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ intent and the economic objectives of the invalid or unenforceable provision.
    • All remedies available to Discusso, whether set forth in these Terms of Use or otherwise, are cumulative and non-exclusive, and the exercise of one remedy shall not preclude the exercise of any other remedies.

 

  1. ENTIRE AGREEMENT:
    • These Terms of Use, together with our Privacy Policy and any additional terms and conditions that you agree to when using specific features of the Service, constitute the entire agreement between you and Discusso regarding the Service. These agreements supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Service.
    • In the event of any conflict or inconsistency between these agreements and any other agreement or communication between you and Discusso, these agreements shall govern and control with respect to the Service. Any amendment or modification to these agreements will be effective immediately upon posting on the Service or as otherwise provided in the agreement.
    • No course of dealing or usage of trade shall be applicable unless expressly incorporated in these agreements. Any failure by Discusso to enforce or exercise any provision of these agreements or related rights shall not constitute a waiver of that right or provision.
    • If any provision of these agreements is determined to be invalid or unenforceable, the remaining provisions of these agreements shall continue in full force and effect.

 

  1. CONTACT INFORMATION:
    • If you have any questions or comments about these Terms of Use or the Service, please contact us at support@discusso.io or by mail at 19174 De Havilland Dr, Saratoga, CA 95070
      At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )