Thank you for visiting discerncx.com (the “Website”) of Discern Technology L.L.C. (“Discern Technology,” “we” or “us”).
Consent to Terms and Conditions
No Busines or Technology Advice or Client Relationship
This Website is for informational purposes only. The information is not guaranteed to be accurate, complete, current or reliable. This Website is not intended to advertise Discern Technology’s services, solicit clients, or provide business or technology advice. This Website does not constitute or contain legal advice, and an provider-client relationship with us cannot be formed by transmission or receipt of the information on this Website. You should not act or rely on any information at this Web site without seeking the advice of an qualified consultant.
Sending E-mail to Discern Technology
Information that you send us in an e-mail message to this Website will not be considered confidential or privileged by us, and sending us an e-mail message will not make you a client of Discern Technology. If you are interested in obtaining services, you should call us so we can determine whether the matter is one for which we are willing and able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers for our offices are listed in this Web site. We reserve the right to decline to provide services for any reason. We may be required to decline to provide services if it would create a conflict of interest with our other clients.
Changes to Terms and Conditions
Discern Technology shall have the legal right at any time, without prior notice, and at our sole discretion, to revise these Terms or impose new terms and conditions with respect to access to or use of the Website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Website. You should check these Terms periodically for any modifications or revisions. Continued use of the Website after we post changes to these Terms constitutes your acceptance of the changes.
Disclaimers and Limitation of Liability
THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE WEBSITE OR YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. ACCORDINGLY, WE WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
All copyrighted materials displayed on or accessible through the Website, including without limitation all articles, photographs, graphic materials, and audio-visual materials (the “Content”), are owned by Discern Technology or licensed toDiscern Technology by a third party, and eitherDiscern Technology or such third party owns all right, title, and interest in such Content and reserves all rights in such Content. Additionally, the Content as displayed on the Website is protected as a collective work under U.S. and international copyright laws, and Discern Technology owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Without our prior written permission in each instance, you may not use material displayed on the Website for any commercial purposes or copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
All logos and other trademarks displayed on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Discern Technology and may not be used, reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Third-Party Websites; External Links to the Website
As a convenience to you, Discern Technology may provide links on the Website to websites operated by other entities. If you use these sites, you will leave the Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Discern Technology makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Discern Technology or the Website sponsor(s), endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Discern Technology or any of its affiliates or subsidiaries.
The Website may only be used for lawful purposes. Illegal activities including but not limited to, tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited. You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
Without limiting the foregoing, you are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Website for unintended purposes or trying to change the behavior of the Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) forging communications on behalf of the Website (impersonating the Website) or to the Website (impersonating a legitimate user); (g) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any Website content or data to any third party, through any process, including but not limited to screen scraping, spiders, web “bots” or other device, technology, software or system now known or hereafter discovered; or (h) sending unsolicited and unauthorized e-mail on behalf of RKMC, including promotions and/or advertising of products or services.
These Terms shall be governed by the laws of the State of Minnesota without regard to its conflicts of law provisions. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota and of the United States of America located in the State of Minnesota for any litigation arising out of or relating to the Website or these Terms, waive any objection to the laying of venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in any inconvenient forum.