Terms of Use

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Acceptance of Terms
DigiMarCon, LLC (“Company”) provides this website (the “Site”), including all information, documents, text, graphics, software, products, and services offered through the Site (collectively, the “Site Materials” and “Products and Services”), subject to these Terms of Use. By accessing or using this Site in any way—including browsing, evaluating, downloading, purchasing, or using any Site Materials or Products and Services—you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Company’s Privacy Policy, incorporated herein by reference.

This Site is intended for lawful use by individuals aged 18 or older. Company may, at its sole discretion, modify these Terms of Use, Privacy Policy, or other Company policies at any time, with or without notice. Continued use of the Site constitutes acceptance of the revised Terms, which are effective upon posting. Users are responsible for periodically reviewing these Terms.

If you violate any provision, your authorization to access or use the Site terminates immediately. Any Site Materials you have downloaded must be destroyed, and you may be required to cease use of any Products or Services.


Eligibility & Access

Certain Products and Services are available only to:

  • Subscribers who have purchased or subscribed under a paid or trial agreement;
  • Persons invited by Company to evaluate Products or Services; or
  • Persons approved by Company to perform an evaluation.

Intellectual Property & License

All Site Materials and Products and Services are protected by copyright, trademark, patent, and other intellectual property laws. Except as expressly authorized herein, you may not:

  • Copy, reproduce, download, distribute, modify, rent, lease, sell, assign, sublicense, or create derivative works from any Site Materials or Products and Services;
  • Reverse engineer or attempt to discover source code;
  • Remove proprietary notices.

All rights granted constitute a limited license, not a transfer of ownership.


Fair Use & Educational Purposes

This Site is intended for educational, research, and informational purposes. Certain content may be used under the “fair use” doctrine of U.S. copyright law for commentary, criticism, news reporting, teaching, scholarship, or research.


Use of Products, Services, and Third-Party Content

  • Use of any Products or Services is subject to specific license agreements, which override these Terms in the event of conflict.
  • Third-party Products, Services, or content (“Third Party Materials”) are governed by separate agreements. Company assumes no responsibility for Third Party Materials, including compatibility, accuracy, or legality.

User Conduct

By using the Site, you agree:

  • Not to disrupt or interfere with others’ use of the Site;
  • Not to transmit viruses or harmful files;
  • Not to create false identities or access unauthorized accounts;
  • Not to transmit content you are not authorized to share;
  • NNot to compromise Site security or integrity.

Company reserves the right to remove content, suspend access, or terminate accounts for violations without notice.


Submission of Information

  • Financial Information submitted via the Site is transmitted using reasonable security measures; however, security cannot be guaranteed, and submission is at your own risk.
  • Do not submit confidential information, except as required for transactions. All other information is considered Non-Confidential. By submitting content, you grant Company a worldwide, royalty-free license to use, reproduce, modify, and distribute such content.
  • You represent and warrant that you own or control all rights to submitted content and that its use does not infringe on third-party rights.

Use of Site Materials

You may view, download, and print Site Materials for personal, non-commercial purposes only:

  • Materials must not be modified, sold, or distributed;
  • Copyright and proprietary notices must remain intact;
  • Company may revoke access at any time.

Third Party Content may not be downloaded or used unless expressly permitted by the content owner. Site design and layout are protected and may not be copied or imitated.


Trademarks

All trademarks, logos, and service marks (“Marks”) are owned by Company or third parties. You may not use any Marks without prior written consent. DigiMarCon® is a trademark of Company.


Software, Products, and Services

  • Use is governed by any accompanying license or agreement.
  • Unauthorized use, including decompiling or reverse engineering, is prohibited.
  • Company does not warrant that software, Products, or Services are error-free or uninterrupted, or meet your requirements.

Warranties & Disclaimers

Except as expressly stated in a written agreement:

  • The Site, Site Materials, Products, and Services are provided “as is” without warranty of any kind;
  • Company does not guarantee accuracy, reliability, or availability;
  • Company is not liable for errors, omissions, or interruptions.

Some jurisdictions may not allow exclusion of implied warranties; to the extent permitted, implied warranties are limited to 90 days.


Limitation of Liability

Company, its affiliates, officers, employees, licensors, and partners shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

  • Use or inability to use the Site, Site Materials, Products, or Services;
  • Interaction with third-party content or vendors;
  • Unauthorized access or data loss;
  • Delays or interruptions of Services.

Some jurisdictions may not allow certain limitations; these may not apply to you.


International Use

The Site is controlled and operated in the United States. Access from other countries is your responsibility, and you must comply with all applicable local laws. References to Products or Services do not imply availability outside the U.S.


Indemnification

You agree to indemnify and hold Company, its affiliates, and partners harmless from any claims, damages, or expenses, including attorney fees, arising from:

  • Your content or submissions;
  • Use of the Site or Products and Services;
  • Violation of these Terms or applicable law;
  • Actions of your agents or employees.

Governing Law & Jurisdiction

These Terms and your use of the Site are governed by California law, without regard to conflict-of-law principles. All disputes shall be subject to the exclusive jurisdiction of state and federal courts in Los Angeles, California.


General Provisions

The Site is controlled and operated in the United States. Access from other countries is your responsibility, and you must comply with all applicable local laws. References to Products or Services do not imply availability outside the U.S.

  • These Terms, together with other policies posted on the Site, constitute the entire agreement.
  • If any provision is deemed unenforceable, it will be enforced to the maximum extent permitted, and the remainder remains in effect.
  • Failure to enforce any provision does not constitute a waiver.
  • Section titles are for convenience only and have no legal effect.