Terms Of Service

TERMS OF SERVICE

1. INTRODUCTION

These Terms of Service ("Terms") govern your use of the website located at www.discovertraction.com ("Website") and the services offered by Discover Traction LLC ("Company," "we," "us," or "our"), a Texas limited liability company with a principal address at Dallas, Texas.

By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.

2. DEFINITIONS

"Client" refers to any individual or entity that engages our services.

"Content" refers to all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials available on or through the Website.

"Services" refers to consulting and advisory services related to revenue growth, cash flow improvement, offer optimization, and business performance.

3. SERVICES

Our services are intended solely for business purposes. The specific scope, deliverables, and terms of any engagement will be detailed in a separate Master Services Agreement (MSA) and applicable Service Level Agreement (SLA) between the Company and the Client.

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.

4. USER ACCOUNTS

To access certain features of the Website or services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. USER CONDUCT

When using our Website, you agree not to:

• Violate any applicable laws or regulations

• Infringe upon the rights of others

• Interfere with the operation of the Website or services

• Attempt to gain unauthorized access to any portion of the Website

• Use the Website or services for any illegal or unauthorized purpose

• Transmit any viruses, worms, defects, Trojan horses, or other harmful code

• Collect or track personal information of other users

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial use in connection with our services.

6.3 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from the Website

• Use any content for any commercial purpose without our prior written consent

• Remove any copyright, trademark, or other proprietary notices from the Website or its content

7. PRIVACY

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. THIRD-PARTY LINKS

Our Website may contain links to third-party websites or resources. These links are provided solely as a convenience and do not imply any endorsement, sponsorship, or approval by us of the content, products, or services offered on such third-party websites.

We are not responsible for the content, accuracy, or availability of any third-party websites or resources. Your use of third-party websites or resources is at your own risk and subject to the terms and conditions of use for such websites.

9. DISCLAIMERS

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND 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.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of the Website or services

• Your violation of these Terms

• Your violation of any rights of another person or entity

• Your conduct in connection with the Website or services

12. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website or services. We may, in our sole discretion, terminate or suspend your access to the Website or services at any time, for any reason, without prior notice or liability.

Upon termination of these Terms, all licenses and rights to use the Website shall immediately terminate, and you shall immediately cease all use of the Website.

13. MODIFICATIONS TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of the Terms will be posted on the Website. If we make material changes to the Terms, we will notify you by posting a notice on the Website or by sending you an email.

Your continued use of the Website or services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Website and services.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Website or services shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

15. DISPUTE RESOLUTION

Any dispute arising from or relating to these Terms or the Website or services shall be resolved through the following process:

15.1 Informal Resolution

The parties agree to first attempt to resolve any dispute informally by contacting the other party in writing and describing the dispute. The parties shall cooperate in good faith to resolve the dispute through dialogue and negotiation.

15.2 Mediation

If the dispute cannot be resolved informally within thirty (30) days, the parties agree to submit the dispute to mediation in Dallas County, Texas, under the rules of the American Arbitration Association.

15.3 Arbitration

If the dispute cannot be resolved through mediation within sixty (60) days, the parties agree to submit the dispute to binding arbitration in Dallas County, Texas, under the rules of the American Arbitration Association.

15.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms, together with any other agreements referenced herein, constitute the entire agreement between you and the Company regarding the Website and services and supersede all prior agreements and understandings, whether written or oral.

16.2 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.

16.4 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent shall be null and void. We may assign or transfer these Terms, in our sole discretion, without restriction.

16.6 Notices

Any notices or other communications permitted or required under these Terms shall be in writing and shall be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail. Notices to the Company shall be sent to the address set forth at the beginning of these Terms.

16.7 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

17. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Discover Traction LLC

Email: info@discovertraction.com

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Last Updated: 04/05/2025