Discoverable's Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully before using the services of Discoverable Marketing ("the Company", "we", "us", or "our").

1. Acceptance of Terms

By engaging with Discoverable Marketing, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use or access our services. We reserve the right to update, modify, or replace these Terms at our discretion without prior notice. Your continued use of our services after any changes constitutes acceptance of the new Terms.

2. Definitions

In these Terms, the following terms shall have the meanings set out below:

- "Client" means the individual or entity engaging Discoverable Marketing for consulting services.
- "Services" means the consulting services provided by Discoverable Marketing, as described in Section 3.

3. Services

Discoverable Marketing provides a report that looks into a company's discoverability, including their market presence across relevant keyterms, their website set-up, and more.

Unless otherwise stated in writing, access to a report lasts 1-year from date of delivery.

4. Client Responsibilities

As a client, you agree to provide accurate, complete, and timely information required for the successful delivery of our report. You also agree to cooperate with us in good faith and promptly communicate any concerns or issues that may arise during the course of our engagement.

5. Fees and Payments

Unless otherwise stated in writing, all payments are pre-pay via a credit card portal.

6. Confidentiality and Intellectual Property

a. Confidentiality: The report and any other materials provided by Discoverable Marketing to the client are considered confidential and proprietary. The client agrees not to disclose, share, or distribute any such confidential information with any third party outside their company without the prior written consent of Discoverable Marketing.

b. Intellectual Property: The report's layout, best practice recommendations, and general advice are the exclusive intellectual property of Discoverable Marketing. The client is granted a limited, non-exclusive, non-transferable license to use the report and related materials solely for internal purposes within their company. The client agrees not to reproduce, resell, or otherwise exploit the report or related materials for any commercial purpose.

7. Breach of Contract

Consequences: If the client breaches any provision of these Terms and Conditions, including but not limited to unauthorized sharing or resale of the final report, Discoverable Marketing reserves the right to pursue any and all remedies available under the law, including but not limited to injunctive relief, monetary damages, and termination of the agreement.

8. Limitation of Liability

In no event shall Discoverable Marketing, its owner, or any of its agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with our services, even if advised of the possibility of such damages. Our total liability in connection with our services, for any claim whatsoever, shall not exceed the total amount of fees paid by you for the services that are the subject of the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Discoverable Marketing and its owner from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of our services or breach of these Terms.

10. Termination

Either party may terminate our engagement with a written notice if the other party breaches any material term or condition of these Terms and fails to cure the breach within 7 days of receipt of the written notice.

11. Governing Law and Jurisdiction

These Terms and Conditions and any separate agreements whereby Discoverable Marketing provides services to the Client shall be governed by and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the services provided by Discoverable Marketing shall be instituted exclusively in the federal or state courts located in Durham North Carolina and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

12. Use of Client Name and Logo

Discoverable will never use the client's name or logo without explicit permission from the client.

13. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

14. Amendments and Modifications

Discoverable Marketing reserves the right to amend, modify, or update these Terms and Conditions at any time and without prior notice to the Client. The most current version of these Terms and Conditions will be posted on Discoverable Marketing's website. It is the Client's responsibility to review the Terms and Conditions periodically to be aware of any changes. Continued use of the services provided by Discoverable Marketing after any changes to the Terms and Conditions constitutes acceptance of those changes.

15. Assignment

The Client may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of Discoverable Marketing. Discoverable Marketing may assign its rights and obligations under these Terms and Conditions at any time without prior notice to the Client.

16. Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms and Conditions will continue in full force and effect.

17. Waiver

No waiver of any term or condition set forth in these Terms and Conditions 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 Discoverable Marketing to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for delay in the payment of money due and payable) to the extent said failures or delays are caused by events beyond the reasonable control of a party, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, or any other similar cause.

19. Entire Agreement

These Terms and Conditions, along with any documents expressly referred to herein, constitute the entire agreement between the Client and Discoverable Marketing with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written.

Contact Information
If you have any questions, concerns, or comments about these Terms and Conditions, please contact Discoverable Marketing at contact@discoverablemarketing.com
Last Updated: 8/08/2023