Terms of Service

1. ACCEPTANCE OF TERMS

Discoveryforce, a service of Neil & Associates, Inc., (hereinafter referred to as "discoveryforce"). Discoveryforce provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this page. Your use of the site constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").

2. DESCRIPTION OF SERVICE

Discoveryforce provides users with the ability to convert their files from their native formats to a viewable format for review, Bates stamping, and export along with other ancillary services offered by discoveryforce (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new discoveryforce properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that discoveryforce assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalization settings, or data of any kind. You are responsible for obtaining access to the Service by joining through discoveryforce's registration page and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. MODIFICATIONS TO SERVICE

Discoveryforce reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that discoveryforce shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Discoveryforce may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use discoveryforce after the notice is posted, you are indicating your acceptance of those changes.

4. FEES AND PAYMENTS

Discoveryforce will charge you fees to become a Subscription member. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Discoveryforce reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you. In order to set up a Subscription membership with discoveryforce you must provide discoveryforce with valid credit card information. By submitting such credit card information, you give discoveryforce permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees (other than renewal fees) will be charged at the time they are incurred.

5. REGISTRATION AND ACCOUNT CREATION

As part of the registration and account creation process required to obtain access to discoveryforce's Subscription Service, you will select a member ID (username) and a password. You will provide discoveryforce with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our My Account page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your discoveryforce account including, but not limited to, use of the account by any person authorized by you to use your member ID and password.

6. NON-TRANSFERABILITY OF MEMBERSHIP

Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account. You may add authorized users to your account, subject to the then-current fees, if any.

7. MEMBERSHIP RENEWAL AND CANCELLATION

Discoveryforce will automatically renew and charge your account upon every one-month anniversary of the date on which you joined. You give permission to discoveryforce to automatically charge your membership fee to your credit card monthly. At any time prior to the end of the applicable billing period you may give discoveryforce notice by e-mail to Subscriptionhelp@discoveryforce that you do not wish to renew your account. Discoveryforce will cancel your account upon receipt of such notification from you.
You may cancel a monthly membership at any time but will not receive a refund for your membership fee or prorated refund for the month during which you cancelled. No other refunds will be offered. Refunds to members who opt to receive special offers like free conversions, exports or any other offer will be reduced by the amount of the retail price of, and shipping costs associated with, the special offer item.

8. SPONSORS, THIRD PARTIES AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that discoveryforce shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

9. SPECIAL OFFERS

From time to time discoveryforce may offer limited-time incentives that members may opt to receive as part of their Subscription membership. These incentives may include, but are not limited to conversions and exports, special discounts and various services. The following general restrictions apply to these incentives:

  • Cost considerations dictate that shipping may be restricted to addresses within the United States.
  • Current subscribers to other services that we offer as incentives may not be eligible for these offers.
  • If you have opted into a Subscription offer and cancel your Subscription membership within the first 30 days of your membership and request a refund, your refund will be reduced by the amount of the special offer's retail and shipping price.

10. LINKS

Discoveryforce may provide, or third parties may provide, links to other World Wide Web sites or resources. Because discoveryforce has no control over such sites and resources, you acknowledge and agree that discoveryforce is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that discoveryforce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOVERYFORCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • b. DISCOVERYFORCE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISCOVERYFORCE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  • e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY DISCOVERYFORCE OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
  • f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY DISCOVERYFORCE AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISCOVERYFORCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DISCOVERYFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

14. TRADEMARK INFORMATION

All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by discoveryforce or by other parties that have licensed their material to Discoveryforce. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited. Discoveryforce Subscription Services, Discoveryforce, and other Discoveryforce logos and product and service names are trademarks of Discoveryforce. All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Discoveryforce is a document conversion, and related document management service and that references to other names and trademarks are necessary in the course of business. Discoveryforce will enforce its intellectual property rights to the fullest extent of the law. If you suspect that discoveryforce's content or trademarks are being misused please contact iptheft@discoveryforce as soon as possible.

15. NON-WAIVER

The failure of discoveryforce to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. HEADINGS FOR CONVENIENCE ONLY

The section titles in the TOS are for convenience only and have no legal or contractual effect.

17. VIOLATIONS

Please report any violations of the TOS to our Customer Care group: Subscriptionhelp@discoveryforce

18. INDEMNIFICATION

You agree to indemnify, defend and hold discoveryforce harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.

19. LETTERS TO DISCOVERYFORCE OR OTHER SUCH COMMENTS OR MATERIALS

Any comments, materials, or letters sent by you to discoveryforce regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you 1) E-mail that information to discoveryforce using the following address: legal@discoveryforce.com, and 2) Explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. Discoveryforce shall have no obligation of any kind with respect to such Received Materials and discoveryforce will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, discoveryforce is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to discoveryforce for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

20. PRIVACY

You can read discoveryforce's privacy statement here.

21. RESTRICTIONS ON USE

You may not use discoveryforce or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use discoveryforce solely for your own use and benefit and not for resale or other transfer or disposition to any other person or entity.

22. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

23. ENTIRE AGREEMENT

This Agreement and any other terms and conditions of service on www.discoveryforce.com constitute the entire agreement between you and discoveryforce and govern your use of the Service.

24. REFUSAL OR DISCONTINUANCE OF SERVICE

Discoveryforce reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.

25. CHOICE OF LAW AND FORUM

This Agreement will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in San Francisco, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

 

I HAVE READ AND UNDERSTAND THIS MEMBERSHIP AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.