The Digital Mark Terms and Conditions of Use
1. Your Acceptance
Thank you for choosing to use The Digital Mark online service known as “MakeYourDigitalMark” and our software template known as “RV Inspector Pro” (Service). This agreement (Agreement) is between The Digital Mark (The Digital Mark, “us,” “we,” or “our”) and the person or entity agreeing to these terms (you). If you are agreeing to this Agreement not as an individual but on behalf of your company, then “you” means your company, and you are binding your company to this Agreement.
By using or accessing the Service or clicking on the “I agree” button that is presented to you at the time of submitting your Order (Account Registration), you agree to these terms and conditions of use (Terms).
If you do not agree with these Terms, do not click the “I agree” button and stop using and uninstall the Service immediately.
3. Your License
Subject to these Terms, The Digital Mark grants you a non-exclusive, non-transferable revocable license to use the Service on a compatible computer, mobile telephone or handheld device (Device) owned or controlled by you.
Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (nor may you authorize any third person to): (i) rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the Service to a third party; (ii) remove or tamper with any disclaimers or other legal notices; (iii) combine the whole or any part of the Service with any other software, data or material; (iv) store or use any part of the data you do not own in an archival database or other searchable database. You must promptly notify us in writing of any breach of these conditions of use.
4. Copyright, Trademarks, Licenses and Submissions
The entire contents, graphics, site design, logos, icons and images of the MakeYourDigitalMark.com and RV Inspector Pro software template are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Digital Mark or its appropriate owners. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site or in the RV Inspector Pro template, including text, graphics, code and/or software. You may print and download portions of material from the different areas of MakeYourDigitalMark.com and https://makeyourdigitalmark.com/rv-inspector-pro solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to The Digital Mark a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to any public areas of the site.
5. Intellectual Property Rights
You agree that all intellectual property of any sort in or associated with the Service, including all code, libraries, programs, software, documentation, content, databases, systems, logos and trademarks are owned either directly by us or by our licensors. Additionally, You agree that all intellectual property of any sort in or associated with the iAuditor app and website (https://safetyculture.com), including all code, libraries, programs, software, documentation, content, databases, systems, logos and trademarks are owned either directly by SafetyCulture or by their licensors. You are not authorized to use any of our intellectual property except as is expressly allowed under these Terms. You are not authorized to use any of SafetyCulture’s intellectual property except as is expressly allowed under SafetyCulture’s terms.
7. User Account
You may need to register for an account in order to access or receive any Services. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security and (b) be subject to account suspension or deactivation should your account be misused or if we believe it to be compromised.
Individuals or companies that are competitors of MakeYourDigitalMark.com or The Digital Mark are forbidden and prohibited from completing the sign up process, obtaining a user account directly or indirectly and are not allowed to view password protected areas.
8. No Employment
In no way are you an employee or agent of The Digital Mark or RV Inspector Pro. For users of the RV Inspector Pro software template, You are still your own RV Inspection company or individual with your own liability. The Digital Mark is in no way responsible for your actions or neglect when performing a RV Inspection. You are not allowed to identify your company by the same title (The Digital Mark, RV Inspector Pro), or any similar name that would confuse someone or construe that you are an employee, owner or paid representative. You may by all means advertise proudly as a user of RV Inspector Pro or The Digital Mark and the services. You can only use the logos with the same color, tint and proportions and cannot alter. Our Logo can be used in other advertising or stationary (i.e. your brochures, your cards, circulars etc.) with the same color and proportions and cannot be changed.
9. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. The Digital Mark does not control the Content posted and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will The Digital Mark be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; b. impersonate any person or entity; c. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law.
10. No Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE, SOFTWARE TEMPLATE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Liability Limit
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, SOFTWARE TEMPLATE, OUR SERVICES OR THIS AGREEMENT.
You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
We may update or modify these Terms from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the billing or technical contact you designate in the applicable Order, posting on our Site, through your account, or in the Service itself). If we modify these Terms during the Term, the modified version will be effective upon your next renewal of the Term, as applicable. In this case, if you object to the updated Terms, as your exclusive remedy, you may choose not to renew, including cancelling any Terms set to auto-renew.