Terms of Service
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS, WHICH CONTAIN A MANDATORY ARBITRATION PROCEDURE, CLASS ACTION WAIVER, AND LIABILITY LIMITATION. YOUR USE OF ANY OF OUR SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: 1/1/2018
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
1. GENERAL RULES FOR USING THE SERVICES
You represent and warrant that while you are using the Services you will act according to the following additional rules:
- You must be at least 18 years of age to use the Services. You represent and warrant that you are at least 18 years of age and you are legally able to enter into a contract.
- You will be required to sign up for an account, provide us with the requested information, and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You will not transfer your account to anyone else without our prior written permission.
- You will use the Services only for your own internal business purposes, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws, contractual restrictions, and employer policies that apply to you.
- If your use of the Services is prohibited by applicable laws, a contractual obligation, or your employer, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law or is in violation of any third party contractual obligation.
- You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
- You will not reverse-engineer, decompile, tamper with, disrupt or disassemble the technology used to provide the Services (except as, and only to the extent any foregoing restriction is, prohibited by a non-waivable provision of applicable law), and you will not interfere with any other person’s use of the Services.
- You will not attempt to gain access to any portion or feature of the Services, computer systems, networks or other technology used to provide the Services, or other computer systems, networks or technology connected to the Services, that you are not authorized to access. You will not attempt to gain access to any other user’s account or private information.
- You will not take any actions that may undermine, disrupt or manipulate the integrity of a rating system or integrity of the data on the Services. You consent to being rated and agree that Scoutbound may make that rating and other feedback available to the public.
- You will provide correct and accurate representation of background and other information as prompted in any form on the Services and will maintain and update all such information during the term of these Terms (or during the course of your use of the Services) to keep it true, accurate, current and complete.
- You agree that any information or content that you post, transmit or receive through the Services will not be considered confidential.
- You will not disobey or breach these Terms or any other applicable instructions conveyed by Scoutbound.
- You will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code (including without limitation any rules related to equal opportunity employment). You will not use the Services to solicit the performance of any illegal activity or other activity which infringes the rights of Scoutbound or others.
- You will not upload, post, email, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any “junk mail”, or any unsolicited mass distribution of e-mail or bulletin board postings; (D) any software viruses, Trojan horses, worms or any other malicious application; (E) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind; or (F) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law.
- You will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made in your communications through the Services or under your scoutbound.com account.
- You bear all the risks associated with uploading and transmitting material utilizing the Services, including reliance on its accuracy, reliability, or legality.
- You will not stalk, threaten or harass other users or infringe upon or attempt to infringe upon their privacy or anonymity.
- You agree to pay Scoutbound for all services rendered, in accordance with any pricing schedule provided by Scoutbound from time to time.
- You will not participate in Services in any manner that is in violation of the rules, regulations or code of conduct of your current or past employer(s), including not divulging any restricted, confidential or otherwise proprietary information of any sort. All Users must review their employer’s employment policies to ensure they are allowed to participate in our Services. If you are unsure, it is your responsibility to ask your employer for permission to use the Services.
- You will not impersonate any person or entity, or make or imply any false statement regarding your current or past employment, agency or affiliation (e.g., acting in an “official” capacity on behalf of his or her employer) with any person or entity.
- User will not provide any false, misleading or otherwise incorrect information.
A violation of any of the foregoing User rules is grounds for Scoutbound suspending and/or terminating your right to use or access the Services. In event of such termination by Scoutbound, you will not be entitled to any refund for amounts paid for the Services.
2. OWNERSHIP OF THE SERVICES; LIMITED LICENSE TO USE THE SERVICES
- 2.1Ownership. All content on the Services, or otherwise made available via the Services, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the website and/or other Services (“Design”), and all software and other technology used to provide the Services (“Technology”), are owned by or licensed to Scoutbound and/or its affiliates. Content is provided to you “as is” for your information and internal business use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Services, Content, Marks, Design and Technology. Using the Services does not give you any ownership of or right in or to any Content, Marks, Design or Technology. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
- 2.2Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to use the Services for your internal business use, and as we otherwise intend. We reserve the right to monitor the Services for the purpose of determining that your use complies with these Terms.
- 2.3Downloadable Content. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, that doesn’t mean that all the restrictions above don’t apply – they do!
3. USER CONTENT
Any text, photographs, videos, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to or through the Services or otherwise provide to us is referred to as “User Content”. The following terms apply to User Content:
- 3.1License to Scoutbound. By sharing, submitting or uploading any User Content, you grant Scoutbound a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, publicly display, publish, publicly perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
- 3.2Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in this Section 3.
- 3.3Right to Name and Likeness. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.
- 3.4Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Scoutbound the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Scoutbound’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Services, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
- 3.5No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. For clarity and without limiting Scoutbound’s other rights in these Terms, we may transmit your User Content to other users of the Service, and we may publicly display your User Content to provide, maintain, support and advertise the Services. We have the right to remove or edit any User Content for any reason or no reason at all.
4. COPYRIGHT DISPUTE POLICY
If you believe that content on the Services infringes your copyright and would like to report that infringement to us, please follow our Copyright Dispute Policy.
5. TRADEMARK DISPUTE POLICY
Some Scoutbound users may use trademarks to describe and identify their current and previous employment or their experiences with a certain organization. Use of such trademark is not intended as an endorsement, advertisement, or sponsorship. If you in good faith believe that a trademark posted on Scoutbound infringes your intellectual property rights (other than copyright -- in which case please see our Copyright Dispute Policy above) or is inaccurate or unlawful, please contact us at email@example.com.
6. RESPONSIBILITY FOR ACTIVITY ON THE SERVICES
- 6.1Content Generally. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and by using the Services and accessing this site you agree and acknowledge that Scoutbound is only providing access to other user reviews and uploaded content. You access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. We don’t control or verify the quality, relevance, reliability, completeness or accuracy of the user’s profile, the user’s advice, whether the user is qualified or knowledgeable to provide the specific advice or information, whether the user is categorized correctly or in the most appropriate category to obtain or provide the advice sought by the User, any postings on or through the Services, or any messages or other transmissions through the Services.
- 6.2User Content. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services. Scoutbound may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by you. In such case, Scoutbound may, but is under no obligation to, notify Users of such removal or refusal. Without limiting the foregoing, Scoutbound may remove any content violating these Terms.
- 6.4Third-party Content. Scoutbound has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Scoutbound will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
- 6.5Interactions with Others. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. Scoutbound is not involved in any transactions between Users, other than to collect and process payment. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Scoutbound shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- 6.6Disputes with Third Parties; Release and Waiver of Claims. If there is a dispute between participants on this site, or between users and any third party (including user’s current or former employer), you agree that Scoutbound is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third party (including your current or former employer), you release Scoutbound, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
7. CHANGES TO THE SERVICES
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms) or no reason, in our sole discretion, and without notice or liability to you.
- 8.1Fees. The fees for the Services are charged at different pricing tiers, which currently consist of a free tier and a paid tier. . The fees are listed on the pricing and checkout pages. If you enroll or use one of these paid features, you agree to pay Scoutbound all fees and authorize Scoutbound to charge your chosen payment method. Scoutbound reserves the right to modify the pricing tiers and features for each tier at any time.
- 8.2Refunds. Scoutbound offers no refunds or credits beyond any explicit rights to a refund or pursuant to terms set forth at the time you purchase and pay for Services. If you believe you should receive a refund because Scoutbound made an error, please contact us at firstname.lastname@example.org.
- 8.3Payments. When submitting a subscription or other service request, You may provide your payment details and preferred payment method, and in doing so authorize us to charge the payment account immediately for the entire amount of the subscription or service price in advance of the service provided. Scoutbound supports several payment methods—your available options will clearly display on the checkout page. Scoutbound does not encourage or endorse cash payments.
- 8.4Taxes. You are responsible for all taxes associated with your purchase and use of the Services.
9. TERM AND TERMINATION
- 9.1Term. These Terms are effective unless and until terminated by us or you.
- 9.3Termination by Scoutbound. Scoutbound is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Scoutbound has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If Scoutbound terminates your account, you will no longer be permitted to use the Services and these Terms will terminate.
- 9.4Content and Communications Not Available After Termination. Account termination may result in destruction of any or all content and communications associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Scoutbound. If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
- 9.5Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
10. DISCLAIMER; LIMITATION OF LIABILITY
- 10.1WARRANTY DISCLAIMER. NEITHER Scoutbound NOR ITS LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. WE (AND OUR LICENSORS AND SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES. PRODUCTS AND SERVICES PURCHASED OR OFFERED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND FROM Scoutbound OR OTHERS. THE SERVICES AND CONTENT ARE PROVIDED BY Scoutbound (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. Scoutbound DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, AND Scoutbound DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Scoutbound DOES NOT WARRANT THAT USE OF THE SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. Scoutbound MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULTS BY USING THE SERVICES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
- 10.2NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. SCOUTBOUND WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SERVICES, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. SCOUTBOUND DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND Scoutbound WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SCOUTBOUND WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- 10.3LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SCOUTBOUND (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SCOUTBOUND IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold Scoutbound and its affiliates, directors, officers, agents, employees, licensors and partners (the “Scoutbound Parties”) harmless from and against any and all claims, liabilities, damages (of any kind), losses and expenses (including, without limitation, reasonable attorneys’ fees) arising from or in any way related to any third party claims brought against any Scoutbound Party (a) relating to your use of the Services (including any actions taken by a third party using your account), (b) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you, or (c) arising from or related to our use of your User Content in the context of the Services. You will not settle any such claim without our prior express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by applicable law and will survive these terms and your use of the Services.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Scoutbound’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms bind and inure to the benefit of each party and its successors and permitted assigns.
You and Scoutbound agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services, any breach, enforcement, or termination of these Terms, or otherwise relating to Scoutbound in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 13.
- 13.1Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
- 13.2Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, without regard to conflict of laws principles, will govern all Covered Matters.
- 13.3Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, without limitation, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- 13.4Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Scoutbound user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
- 13.5Exceptions. There are only two exceptions to this agreement to arbitrate:
- First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
- Second, each party will retain the right to seek relief in a small claims court in the United States for disputes or claims within the scope of the jurisdiction of such courts, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
- 13.6Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Scoutbound will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, Scoutbound is relieved of its obligation to reimburse you for any fees associated with the arbitration.
- 13.7Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Scoutbound prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Scoutbound. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
- 13.8Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Scoutbound must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and Scoutbound agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
- 13.9Opt-Out. If you are a new Scoutbound user, you can choose to reject the agreement to arbitrate provision (“opt-out”) by emailing us an opt-out notice to email@example.com (“opt-out notice”) or via us mail to: 120 Broadway #300, Santa Monica, CA 90401. The opt-out notice must be received no later than thirty (30) days after the date you accept these terms for the first time. If you are not a new Scoutbound user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice.
- 13.10Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: firstname.lastname@example.org. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and this Disputes Section 13 will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- 13.11WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
- 13.12STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
14. USE OUTSIDE THE UNITED STATES OF AMERICA
The Services are controlled and offered by Scoutbound from the United States of America. Scoutbound makes no representations that these Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
15. NOTICES AND ELECTRONIC COMMUNICATIONS
You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
216 Grand Blvd.
Venice, CA 90291, USA
or Email: email@example.com
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Scoutbound agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Scoutbound, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Scoutbound, and you do not have any authority of any kind to bind Scoutbound in any respect whatsoever. You and Scoutbound agree there are no third party beneficiaries intended under these Terms. A court or arbitrator may not construe these Terms against the drafter.