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Terms and Conditions

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These Terms of Service (“Terms”) constitute an agreement between you (“User,” “you,” or “your”) and thedmark.com, including its affiliates and subsidiaries (“thedmark,” “we,” “us,” or “our”). These Terms govern your use of thedmark’s website (thedmark.com), email communications, referral program, and related services (collectively, the “Services”).

BY ACCESSING OUR WEBSITE, USING OUR SERVICES, REQUESTING INFORMATION, REGISTERING FOR OUR REFERRAL PROGRAM OR WEBINARS, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

PLEASE NOTE: THE SECTIONS TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

1. Modifications to the Terms

We reserve the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our Services after changes are posted constitutes your acceptance of the modified Terms.

2. Eligibility and Registration

You must be at least 18 years old to use our Services. By using our Services, you represent that you can form legally binding contracts under applicable law. If you’re accessing our Services from outside your home country, you consent to the transfer of your information across international boundaries.

3. Your Use of Our Services

You agree to use our Services in compliance with these Terms and all applicable laws. You will not:

  • Impersonate others or misrepresent your affiliation with any person or entity
  • Collect user information without express consent
  • Use our Services in any illegal, infringing, defamatory, or abusive manner
  • Send spam or unsolicited bulk email
  • Engage in hacking or transmit malicious code
  • Copy or distribute any part of our Services without authorization
  • Use our Services for unauthorized commercial purposes

4. Intellectual Property

All content on our website and Services, including text, graphics, logos, and software, is owned by or licensed to thedmark and is protected by copyright and trademark laws. You may not use our content without our express written permission.

5. Third-Party Links

Our Services may contain links to third-party websites. We are not responsible for the content or practices of these sites. Use them at your own risk.

6. Indemnification

You agree to indemnify and hold thedmark harmless from any claims arising out of your breach of these Terms or misuse of our Services.

7. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES.

8. Limitation of Liability

THEDMARK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES.

9. Binding Arbitration

Except for intellectual property disputes and actions to enforce an arbitrator’s decision, all disputes related to these Terms will be resolved through binding arbitration governed by applicable arbitration laws and conducted by an arbitration body within your jurisdiction.

10. Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11. Miscellaneous

These Terms constitute the entire agreement between you and thedmark regarding our Services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

By using thedmark’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.