TERMS OF USE

EFFECTIVE DATE: December 20, 2020

Welcome to Scout, on online service that makes discovering and managing kids’ activities (“Activities”) as simple as it should be. Please read these Terms of Use (the “Agreement” or “Terms”) carefully, as they contain the legal terms and conditions that govern your use and access of the website, http://scoutitnow.com (the “Site”) and the mobile application (“App,” collectively with the Site, “Scout”). This Agreement governs your use of Scout and constitutes a legally-binding agreement between each user (“you” or “your”) and Scoutitnow LLC d/b/a Scout (“we,” “us,” “our,” or the “Company”; collectively with “you” or “your,” the “parties”). 

By simply accessing or using Scout, including just browsing our Site, you are agreeing to our Terms and our Privacy Policy, so please read carefully! If you do not agree to these Terms, our Privacy Policy, or any other policies do not access or use Scout. PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. INSTEAD, YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT A JUDGE OR JURY AND YOUR CLIAMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED “ARBITRATION AND WAIVER OF CLASS ACTION” FOR DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH US. 

If you are an independent provider of children’s classes and activities, a venue, or other third party that uses Scout or any of Scout’s pending software tools, including, but not limited to, the Scout calendar (“Software Tools”), for any commercial purposes, your use of Scout and the Software Tools is governed by our Business Terms of Service and not these Terms. 

Eligibility

We only permit individuals who are at least 18 years old and reside in the United States to use Scout without the supervision of a parent or guardian. If you are under 18 years old (but above 13 years old) and would like to use Scout, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity. We do not permit the use of Scout by children under the age of 13. 

By using Scout, you represent and warrant that you meet these eligibility requirements outlined and that you can form legally binding contracts with us. We reserve the right to refuse to let certain people access or use Scout and the right to change our eligibility criteria.

We are located in the United States. You can only use Scout to the extent the laws of your jurisdiction or the laws of the United States do not bar you from doing so. We make no claims that Scout is accessible or appropriate outside of the United States. Access to Scout may not be legal by certain persons or in certain countries outside the United States. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use Scout. By using Scout, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

Your Account with Scout

Creating an Account

On Scout, we allow you to search all Activities for free. You don’t need to create an account with Scout in order to discover Activities. However, if you want to ‘favorite’ an Activity to share with friends or sign-up for an Activity through Scout when this functionality is made available to you, you will need to create an account.

This information is stored in the Scout database. Your same account will be used for all current and future transactions with Scout.  We do not require a credit card to register for an account, although this may change in the future (if it does, we will notify you in accordance with these Terms).

In order to create an account for Scout you’ll need to provide us with your email address and create a password, to help you track your ‘favorites’ you will also be required to provide your child’s first name. You agree that any information you provide us is governed by our Privacy Policy. 

By creating an account, in additions to the limitations on your use of Scout described elsewhere in these Terms, you’re agreeing to a few common sense rules and acknowledgements:

  • Be honest with us. By creating an account, you’re agreeing to provide accurate and complete information about yourself. It’s not OK to use false information or impersonate another person or company through your account.

  • You’re responsible for your account. You’re solely responsible for any activity on your account. Accounts are not transferable. The person whose email information is on the account will ultimately be responsible for all activity.

Registration may be free, although we may offer you premium services for an additional fee. If you wish to register for premium services, you may be required to provide us with financial information, or you may have been provided a voucher by your employer or other organization who provides you access as a benefit to membership. If you have been provided a voucher, you are responsible for safeguarding it and you agree not to provide to provide it to any person outside your family or your family caregiver. All registration fees are non-refundable. 

When registering for any account, you may be required to provide payment information in order to register for Activities or to pay for other services offered through Scout. Your payment must be received by us before we allow you to register for Activities or to access and use other services through Scout that require a fee. You represent and warrant that: (i) the payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such payment method for the registration; (iii) charges incurred by you will be honored by your financial institution; and (iv) you will pay all charges incurred by you at the posted prices, including any applicable taxes, if any. Any payment you make for these Activities or services are subject to the terms and conditions provided to you by the provider of those Activities or Services and may be non-refundable. 

Please contact us to answer any questions you have about registering with Scout.

Passwords

You’re responsible for safeguarding the password that you use to access Scout and for any activity or actions performed under your password. Your account is personal to you and you agree not to provide any person outside your family (or your family caregiver) with access to Scout using your email address and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You should notify us immediately of any unauthorized access to or use of your email address and password or other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information you have in Scout. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. 

Email Communication

By creating an account with Scout, you automatically opt in to receive email communications regarding Scout. Some of those emails may relate to Activities that you ‘favorite’ or register for on Scout. Other emails may be promotional in nature. While you cannot opt-out of transactional emails—such as order confirmations, invoices, and specific communication about your classes— you can opt-out of receiving our other emails by emailing us at info@scoutitnow.com and use the subject line ‘unsubscribe’ or by clicking the unsubscribe link at the bottom of such emails. 

Third Party Services and Content

The information presented on or through Scout is made available solely for general informational purposes. We don’t guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of Scout, or by anyone who may be informed of this information. 

Scout may include various product and service offerings that allow you to enter into transactions for Activities, including special offers, classes, camps, or other events or activities that we do not own or control (individually a “Third Party Service,” collectively the “Third Party Services”). These Third Party Services are made available to you upon terms and conditions mutually agreed upon between you and the third-parties that offer the Third Party Services. While these Terms and our Business Terms of Service establish the general rules and procedures for the interaction between you and those third-parties, the specific terms and conditions of your receipt of the Third Party Services is separate from these Terms and must be agreed upon separately between you and these third-parties. If Scout contains links to Third Party Services and websites and resources provided by third parties, these links are provided for your convenience only. If you decide to follow any of these links or use any of these Third Party Services, websites, or resources, you do so entirely at your own risk and subject to the terms and conditions of use for each Third Party Service, website, or resource. You are solely responsible for complying with the terms and policies of these third-parties. 

All statements and/or opinions expressed related to Third Party Services are solely the responsibility of the person or entity providing those statements and/or opinions. We have no control over the content of this information or the policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. 

In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any information about Third Party Service on or through Scout.

 

Services you obtain through Scout

You understand that we are not a provider of the Third Party Services and any such Third Party Services listed on Scout are operated and delivered by the respective providers. Although we hope providers only offer the highest quality Activities, we are not responsible for the quality, substance, or performance of any of the activities listed on Scout. You understand that there may be certain inherent risks and dangers in attending or participating in the Activities listed on Scout. By using Scout, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm to you or your child. You acknowledge and agree that it is your responsibility to consult with your child’s primary care physician prior to participating in an Activity and to determine whether an Activity is appropriate for your child. You also understand and agree that Scout may offer child-related information that is designed for informational, educational, and entertainment purposes only. The use of any of the information provided on Scout is solely at your own risk.

You agree that we are not a party or an agent of any of the transactions for the Third Party Services that you may obtain through Scout. We do not set, control, or endorse the price, contract terms, quality, safety, conformance, or legality of any of these Third Party Services, or the ability for you to obtain and use these Third Party Services. We are not responsible for your or your children’s participation in such Third Party Services or if the third-party’s will provide the Third Party Services offered. Our sole obligation in the event of a dispute between you and any provider of Third Party Services is to provide information necessary to assist you and/or the third-party in resolving the dispute, provided that the information is not subject to confidentiality obligations (including those described in our Privacy Policy). 

Protected Materials

It has taken a significant effort to build Scout and it contains copyrighted material, trademarks, and other similar proprietary information provided by or through us, our employees, agents, licensors, or other Scout Parties (defined below) (collectively, “Proprietary Information”). Our Proprietary Information is protected by copyright law, registered and unregistered trademarks, database rights, trade secret, and other intellectual property or proprietary rights laws. Unless otherwise provided, we exclusively own all Proprietary Information and your use of Scout does not grant you any right, title, or interest in the Platform.

The name “Scoutitnow,” “Scout,” “Scout Connect,” the Scout logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Scout, Inc. (d/b/a Scoutitnow LLC) or its affiliates and licensors. You must not use these marks without our prior permission. All other names, logos, product and service names, designs and slogans on Scout are the trademarks of their respective owners. 

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Scout infringes your copyright, you may request removal of those materials (or access to them) from Scout by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Our designated Copyright Agent to receive DMCA Notices is:

[Copyright Agent Name]

[Copyright Agent Address]

[Copyright Agent Email]

If you fail to comply with all of the above requirements or other requirements described in the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on Scout is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Your Use of the App

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, and non-transferable license to:

  • Download, install, and use the App for your personal, non-commercial use on your mobile devices owned or otherwise controlled by you or a family member, strictly in accordance with any documentation that accompanies the App; and 

  • Access, stream, download, and use on such mobile device the content and services made available in or otherwise made accessible through Scout. 

You are not permitted to: (a) copy the App, except as expressly permitted by the above license; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part of the App; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy of the App; or (e) except as otherwise permitted by these Terms, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party (other than a family member) for any reason.

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the above license granted, and subject to all terms, conditions and restrictions, under these Terms. We and our licensors and service providers reserve and shall retain our entire respective right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating to the App, except as expressly granted to you in these Terms.

Your Use of Scout

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use Scout to view or register for Activities.

The above license is conditional upon your strict compliance with these Terms at any and all times during your use of Scout and the common sense ground rules outlined below. Any use of Scout not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. 

Don’t Use Scout to Break the Law

You agree that you will not violate any laws when using Scout. This includes any local, provincial, state, federal, national, and international laws that may apply to you. Don’t commit fraud, theft, or any other crimes against Scout, a provider of any Activities, or any other third-party.

Don’t Use Scout to Harm or Spam Anyone

While we wish we didn’t have to say this, you agree not to use Scout for the purpose of harming or attempting to exploit or harm minors in any way. 

You also agree not to use Scout to transmit, or procure the transmission of, any advertising or promotional material, including any “junk mail,” “chain latter,” or “spam,” or any other similar solicitation. You also agree not to impersonate or attempt to impersonate us, one of our employees, or another user of Scout or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). 

Don’t Try to Harm Our Systems

You agree not to distribute any virus or other harmful computer code through Scout, including viruses, Trojan horses, spyware, adware, malware, bots, time bombs, worms, or other harmful or malicious components. 

You agree not to use Scout in a manner that could overburden, impair or disrupt Scout or the servers or networks forming part of, or connected to, Scout, or in a manner that might restrict or inhibit any other user's use and enjoyment of Scout. This includes not attacking Scout via a “denial of service” attack or a distributed “denial of service” attack or otherwise attempting to interfere with the proper working of Scout. 

Don’t Try to Copy The Information Available on Scout

You agree not to use any robot, spider, or other automatic device, process, or means to access Scout for any purpose, including to monitor or copy any of the material on Scout. You also agree that you will not use any manual process to monitor or copy any of the material on Scout or for any other unauthorized purpose without our prior consent. 

Don’t Alter Legal Notices

You agree not to alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, Scout or any Content appearing on Scout.

Termination

We may terminate or suspend your account and your access to Scout at any time, for any reason, without advance notice, including if, in our opinion, you have violated any provision of these Terms. In the event of termination of your account, our rights and your obligations under this Agreement will remain in effect.

If  your account or access to Scout is terminated or suspended for any reason, it’s important to understand that you don’t have a contractual or legal right to continue to use Scout. In such an event, you must immediately stop using Scout and you agree not to attempt to regain access to Scout without our express permission. 

If you terminate your account, or if we terminate your account, you may lose any information associated with your account.

We may refuse to allow anyone to use Scout, at any time, for any reason, and through any technological or administrative means.

 

We May Change or Discontinue Scout

We reserve the right to change, suspend, or discontinue Scout at any time, for any reason. We will not be liable if for any reason all or any part of Scout is unavailable at any time for any period. From time to time, we may restrict access to some or all of Scout to our users, including our users who have an account. Some of the features described in these Terms may not be available and we do not guarantee that they will become available. 

Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from Scout will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Scout for any reconstruction of any lost data. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “SCOUT PARTIES”) WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SCOUT OR ANY ACTIVITIES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY OTHER WEBSITE LINKED TO IT.

YOU UNDERSTAND AND AGREE THAT USING SCOUT IS AT YOUR SOLE RISK AND THE SCOUT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SCOUT, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PUBLISHED ON SCOUT, INCLUDING ANY INFORMATION OR MATERIALS RELATED TO ACTIVITIES OR PROVIDERS REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SCOUT PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, QUALITY, OR OTHERWISE, WITH RESPECT TO SCOUT AND THE ACTIVITIES AVAILABLE THROUGH SCOUT. WITHOUT LIMITING THE FOREGOING, THE SCOUT PARTIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT SCOUT, OR ANY ACTIVITIES OBTAINED THROUGH SCOUT, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,THAT OUR SERVERS THAT MAKE SCOUT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SCOUT OR ANY OF THE ACTIVITIES OBTAINED THRUOGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SCOUT PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A PROVIDER OR THIRD PARTY THROUGH SCOUT OR ANY HYPERLINKED SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATTENDANCE AT OR PARTICIPATION IN ANY ACTIVITIES MADE AVAILABLE THROUGH SCOUT IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE SCOUT PARTIES BE LIABLE FOR ANY ACT, ERROR, OR OMISSION BY ANY PROVIDER OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY ACT, ERROR, OR OMISSION WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR ATTENDANCE OR YOUR CHILD’S ATTENDANCE, USE OF, OR PARTICIPATION IN ANY ACTIVITY MADE AVAILABLE THROUGH SCOUT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY ACTIVITY PROVIDER IN CONNECTION WITH THE PLATFORM. WE ARE NOT AN AGENT OF ANY ACTIVITY PROVIDER OR OTHER THIRD PARTY.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH AN ACTIVITY PROVIDER, YOU AGREE TO RELEASE THE SCOUT PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY ACTIVITY PROVIDER. IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE BEEN AWARE OF, AND UNDERSTAND, THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH PROVIDES: “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.” YOU EXPRESSLY, KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS, BENEFITS AND PROTECTIONS OF SECTION 1542 AND OF ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE LIMITING THE SCOPE OF A GENERAL RELEASE.

WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY ACTIVITY PROVIDER OR OTHER THIRD PARTY.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF THE SCOUT PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF WE OR ANY SCOUT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE SCOUT PARTY’S AND OUR LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO US UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER WE OR THE ANY SCOUT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND THE SCOUT PARTIES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY ACTIVITY PROVIDER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

Indemnification (What Happens If You Get Us Sued)

To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold harmless the Scout Parties from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, obligations, losses, costs, debts, and liabilities arising out of or in any way related to: (i) your use of Scout; (ii) you or your child’s attendance or participation in any Activity made available through Scout, including with respect to bodily injury, physical harm, illness, death or property damage; (iii) your violation of any terms of this Agreement; (iv) any infringement or misappropriation of a third party’s intellectual property rights; or (v) your violation of any law, rule or regulation, or the rights of any third party.

Choice of Law 

This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the Commonwealth of Massachusetts, and the federal laws of the United States, without regard to conflict of laws principles. 

Arbitration and Waiver of Class Action

Agreement to Arbitrate

YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF SCOUT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by JAMS in accordance with the Comprehensive Arbitration Rules and Procedures (the “Rules”) then in effect, except as modified by this section. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

If you seek arbitration or elect to file a small claims court action, you must first send Scout, Inc., by certified mail, a written notice of your claim (a “Claim Notice”) to our General Counsel at the address listed below. If Scout initiates the arbitration, it will send such Claim Notice to you at the address provided when you register for an account. A Claim Notice, whether sent by you or Scout, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Scout do not reach an agreement to resolve the claim within 30 days after the Claim Notice is received, you or Scout may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.

If you are required to pay a filing fee, after Scout receives written notice that you have commenced arbitration, Scout will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for the filing fees. 

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Rules. If you claim exceeds US $10,000, the right to a hearing will be determined by the Rules. Any in-person hearing will be conducted in Boston, Mass. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Scout last written settlement offer made before an arbitrator was selected (or if Scout did not make a settlement offer before an arbitrator was selected), then Scout will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the Rules. 

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR SCOUT, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SCOUT USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s or other entity’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Except as may be required by law, neither you, nor us, nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both you and us, unless a disclosure is necessary to protect or pursue a legal right.

This arbitration clause shall survive the termination of these Terms. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive forum for any claims will be as set forth below. 

Forum

If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a federal court located in Boston, Massachusetts. The parties expressly consent to the exclusive jurisdiction of, and waive any and all objections to venue or jurisdiction based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens. Notwithstanding anything to the contrary in these Terms, either party may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relation to these Terms or use of Scout must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred. 

 

Notice

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Scout in an unauthorized manner. You acknowledge that under this Agreement by using Scout you are deemed to have received any and all notices that would have been delivered had you accessed Scout in an authorized manner.

Notification Procedures and Changes to These Terms

We reserve the right to revise these Terms from time to time and the most current version will always be posted on our Site or in the App. If a revision, in our sole discretion, is material we will notify you. We also reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. By continuing to access or use Scout after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using Scout.

 

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If any provision or term of this Agreement shall be determined to be invalid, void, or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

 

Assignment

You agree that we may assign any of our rights, and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

 

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement), and every nature between us. 

Headings

All headings and titles in these Terms are inserted only as a matter of convenience, and in no way define, limit, extend or interpret the scope of these Terms or of any particular paragraph of section thereof.

Questions?

We’d be happy to answer them. Feel free to send us an email or send us a note:

Email: info@scoutitnow.com

Mailing Address: Scout, Inc. d/b/a Scoutitnow LLC

ATTN: Scout Customer Service 30 Amory Street, Brookline, MA 02446

We know Terms can be long. Thanks for reading to the end!

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