By using the Discover.Market website and service (the “Site”) you unconditionally accept these Terms of Use and Privacy Policy. We reserve the right, in our sole discretion, to update or revise these Terms of Use and Privacy Policy. Your continued use of the Site following the posting of any changes to the Terms of Use and Privacy Policy constitutes acceptance of those changes.

Use of the Site. You may use the Site only in accordance with and subject to these Terms of Use and Privacy Policy. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use and Privacy Policy, or to solicit the performance of any illegal activity or other activity that infringes the rights of Discover.Market or others.

Electronic Communications; Marketing Consent. We will send you transactional and service communications related to your account. We will send marketing communications only with your consent, which you can withdraw at any time using the unsubscribe link in any marketing email or via your account settings. Withdrawing consent does not affect transactional or administrative emails.

Discoverability and Outreach by Partners.

• Certain features of the Site may enable users to be discoverable by participating brands, manufacturers, and other vendors (“Partners”). If you use those features, you direct us to make limited information about you available for relevant outreach tied to your activity on the Site.

• Information We May Make Available. Subject to your choices, we may make available limited profile details and engagement information relevant to a Partner’s products or services, such as your business name, professional category, market interests inferred from your interactions with the Site, and contact details. We do not provide account passwords or payment card numbers to Partners.

• Your Choices. You can manage whether we make your information available for Partner outreach at any time in your account settings. Discoverability is on by default unless you opt out. We will honor opt-outs promptly and will apply changes within a reasonable period after you update your settings.

• Partner Communications. If a Partner contacts you, that communication is sent by the Partner. Partners are responsible for their own messages and policies, including any unsubscribe method they provide. Unsubscribing from a Partner’s messages does not affect Discover.Market service or administrative emails.

• Service Providers Versus Partners. We also use service providers that process information on our behalf to operate the Site. When a company acts as our service provider, it may use information only to perform services for Discover.Market under our instructions. When a company acts as a Partner, it may use information for its own outreach to users, subject to your choices.

• Independent Relationships. If you choose to engage or transact with a Partner, that relationship is between you and the Partner. Discover.Market is not responsible for Partner offerings, content, policies, or compliance.

• Aggregated and De-Identified Information. We may create aggregated or de-identified information and may use or share that information for any lawful purpose. We will take reasonable measures to ensure the information cannot be used to identify you and will not attempt to reidentify it.

Membership Eligibility; Account Responsibility. You must be 18 years or older to use the Site. As a member, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration forms. You further represent that you are an active qualified buyer, generally described as an interior design professional, tangible goods retailer, or other professional recognized as being qualified through employment in the wholesale or goods-for-resale industries.

You have complete responsibility for your account and everything that happens on your account. Keep your password secure. You must not permit a non-Discover.Market member to use or receive any benefit from your membership, your account, or the Site. If you find out that someone is using your account without your permission, inform us immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

Platform Role. Discover.Market provides a platform that enables buyers to discover and communicate with Partners. We are not a party to transactions between you and Partners, do not set or control Partner pricing or terms, and do not assume possession, title, or risk of loss for goods. Risk of loss, shipping, delivery, returns, and warranties are governed by your agreement with the Partner. Any payments you make to a Partner are between you and that Partner.

Proprietary Rights; Feedback. You acknowledge and agree that the content, materials, and other components (including but not limited to logos, graphics, button icons, and page headers) available on the Site are the property of Discover.Market and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or additional features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site, including use of your membership rights. Use of the content and materials for any purpose not expressly permitted in these Terms of Use and Privacy Policy is prohibited.

Tax and Qualifications. You are responsible for acquiring a resale certificate or sales tax license in order to verify your qualified use of Discover.Market to engage with product data or communicate with our Partners through integrated communications tools or by email. By using the Site, you agree to this requirement and confirm that you are appropriately certified and licensed. When pricing is visible on products on the Site, pricing is provided by Partners. We do not guarantee the accuracy or availability of any pricing, and Partners set their own pricing and terms.

Acceptable Use; Embedded Chat Conduct. You must not misuse the Site or any embedded chat features. Without limitation, you agree not to:

1.     Engage in threats, harassment, hate speech, or content that is discriminatory, defamatory, or incites violence.

2.     Send spam, phishing, scams, or unlawful solicitations.

3.     Upload or transmit malware; attempt to gain unauthorized access; perform security testing without permission; or take actions that interfere with or disrupt the Site.

4.     Post or share content that infringes or violates another’s intellectual property, privacy, or publicity rights.

5.     Scrape, crawl, or harvest data from the Site except as permitted by robots.txt or a written agreement.

6.     Misrepresent your identity, credentials, affiliation, or authorization to act on behalf of another.

7.     Use the chat to submit sensitive personal information of others without their consent, or to seek professional, emergency, or life-safety advice. The chat does not provide professional advice and is not for emergencies.

8.     Attempt to bypass features, rate limits, or access controls, or to reverse engineer the Site.

Enforcement. We may monitor, block, remove, or refuse to transmit content to protect the Site or comply with law. We may suspend or revoke access, in whole or in part, for violations or suspected violations of this section. Repeated or severe violations may lead to permanent revocation of access. You can report abusive or unlawful behavior at violations@discover.market.

Availability. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Discover.Market or its suppliers be held liable for any damages due to such interruptions or lack of availability.

Program Changes; Migration to Other Platforms. We may introduce, change, or discontinue programs that affect how your information may be made available to Partners. This may include the migration or transition of accounts or features to an affiliated or partner platform. If we do so, we will provide any required notices, and we will provide a reasonable way to review and update your choices before changes take effect.

Links to Third-Party Websites; No Implied Endorsements. This Site contains links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third-party website, or third-party product or service be construed as an approval or endorsement by us of that third party, third-party website, or any product or service provided by a third party. You should also read the terms and conditions of these other websites. This includes Partner portals or other third-party platforms that may host information about you or communicate with you; those platforms are governed by their own terms and policies.

Indemnification. By using this Site, you agree to indemnify, hold harmless, and defend Discover.Market, its respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of these Terms of Use and Privacy Policy; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Discover.Market reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and Privacy Policy, your use of the Site, and membership in Discover.Market. You also agree to indemnify and hold Discover.Market harmless from claims arising out of your provision to Discover.Market of another person’s information without that person’s permission, or your own marketing communications to clients or prospects using data obtained through the Site. This does not require you to indemnify Discover.Market for Discover.Market’s own violations of applicable law.

Disclaimer of Warranty. THE SITE, ITS CONTENT, AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM, OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, DISCOVER.MARKET DOES NOT WARRANT THAT (1) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability. IN NO EVENT SHALL DISCOVER.MARKET OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF DISCOVER.MARKET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID TO DISCOVER.MARKET FOR DISCOVER.MARKET SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DISCOVER.MARKET OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF DISCOVER.MARKET. To the extent permitted by law, Discover.Market is not responsible for Partner communications or for Partner compliance with their own obligations.

You hereby acknowledge that the preceding paragraph applies to all content and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

International Use. We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export, or re-export any copy or adaptation of any content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

Unavailability of Site; Termination; Fraud. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership, for any reason, including without limitation, breach of these Terms of Use and Privacy Policy. If at any time we notify you that your access to and use of the Site or your account is terminated, you must cease all such access and use immediately. We may continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. We will have no liability to you or any third party for termination of your account, User Content, or access to the Site.

In the event these Terms of Use and Privacy Policy or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Governing Law; Venue; Class Action Waiver.

• Governing Law. These Terms of Use and Privacy Policy and any dispute that might arise between you and Discover.Market or its parent, subsidiaries, or affiliates shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

• Venue. Any action brought to enforce these Terms or matters related to the Site must be brought in the state or federal courts located in Salt Lake City, Utah. You consent to the personal jurisdiction of such courts and irrevocably waive any objection, including any objection based on improper venue or on the grounds of forum non conveniens.

• Class Action Waiver. YOU AND DISCOVER.MARKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Miscellaneous. Unless otherwise specified herein, these Terms of Use and Privacy Policy constitute the entire agreement between you and Discover.Market with respect to the Site and your legal relationship with Discover.Market. This document supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Discover.Market. If any part of these Terms of Use and Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. The failure of Discover.Market to act with respect to a breach by you or others does not waive Discover.Market’s right to act with respect to subsequent or similar breaches. Discover.Market’s failure to exercise or enforce any right or provision of these Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use and Privacy Policy are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use and Privacy Policy. These Terms of Use and Privacy Policy, the Independent Designer Agreement, and any rights and licenses granted under these Terms of Use and Privacy Policy, may not be transferred or assigned by you, but may be assigned by us without restriction.

California Notice and Rights (CCPA/CPRA). This section applies to California residents, including individuals acting in a business capacity, and is incorporated into these Terms.

1.     Scope and Definitions. “Personal Information” has the meaning under California law. “Sell,” “Share,” “Service Provider,” “Sensitive Personal Information,” and “Opt-out Preference Signal” have the meanings under California law.

2.     Categories Collected. We collect identifiers (such as name, business contact details, account credentials), professional or employment-related information (such as business role and trade eligibility), commercial or interest information related to use of the Site (such as product or category interests and activity with Listings), internet or other electronic network activity (such as device, log, and usage data), and inferences drawn from the foregoing to tailor content on the Site. We do not intentionally collect precise geolocation. We do not knowingly collect information from persons under 18.

3.     Purposes of Use. We use Personal Information to provide, operate, and secure the Site; manage accounts; communicate about the Site; prevent fraud and abuse; debug, analyze, and improve the Site; comply with law; and, unless you opt out of discoverability, facilitate Partner outreach related to your interactions on the Site.

4.     Sources. We obtain Personal Information directly from you, automatically through your use of the Site, and from our service providers. If you engage with a Partner, we may receive information about that engagement from the Partner.

5.     Disclosures. We disclose Personal Information to service providers that perform services for us under our instructions. Unless you opt out of discoverability, we disclose limited business contact and engagement information to Partners for their direct outreach related to your activity on the Site. We may also disclose Personal Information as required by law or for corporate transactions. We create de-identified and aggregated information and will not attempt to reidentify it.

6.     Sale or Sharing. We do not Sell or Share Personal Information for cross-context behavioral advertising except that, unless you opt out of discoverability, our disclosure of limited business contact and engagement information to Partners for their direct outreach may be deemed a Sale or Sharing under California law. You can opt out at any time in account settings under Privacy & Outreach or via the ‘Do Not Sell or Share My Personal Information’ link. We will honor Opt-out Preference Signals (such as Global Privacy Control) by treating them as a request to opt out of Sale/Sharing for the browser or device sending the signal, and for your account when we can associate the signal with your logged-in account. When you opt out of Sale/Sharing, we will stop future disclosures to Partners and will notify Partners that received your information in the prior 90 days of your request and instruct them not to Sell or Share it further and to suppress future outreach, as required by California law.

7.     Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes other than those necessary to provide the Site, ensure security and integrity, short-term transient use, fraud prevention, debugging, providing services as requested by you, or other limited purposes permitted by law.

8.     Your Rights. Subject to verification and applicable law, you have the right to request: (a) access to or a portable copy of specific pieces of Personal Information; (b) deletion of Personal Information; (c) correction of inaccurate Personal Information; (d) to opt out of Sale/Sharing; and (e) to limit the use and disclosure of Sensitive Personal Information. We will not discriminate against you for exercising your rights.

9.     How to Exercise Your Rights. You can exercise rights and manage Partner outreach settings in your account settings under Privacy & Outreach, via the “Do Not Sell or Share My Personal Information” link, or by emailing privacy@discover.market with “CCPA Request” in the subject line. You may use an authorized agent if they provide proof of authority. We will verify your request using information associated with your account and respond within the time required by law.

10.  Retention. We retain Personal Information for as long as reasonably necessary to provide the Site and for other permissible purposes such as compliance, security, and dispute resolution, taking into account the amount, nature, and sensitivity of the data and the potential risk of harm from unauthorized use or disclosure.

Force Majeure. We will not be liable to you for any delay or failure to perform any obligation we have under these Terms of Use and Privacy Policy if the delay or failure is due to events beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, including failures of third-party cloud providers, or refusal of approval or a license by a government agency.