Terms Of Use
The following are terms of use that constitute a legally binding agreement ("Contract") between Scout Solutions, LLC. ("Scout Solutions, " "we," "our," or "us") and your, whether you are a natural person or corporation. To the extent you downloaded a mobile version from an app store (e.g., Apple's App Store) you understand and agree that the app store operator (e.g., Apple) is not a party to this Contract.
This website ("Site") is owned by Scout Solutions. The Site is protected by law, including, but not limited to, United States copyright law and/or international treaties and other international law. Any unauthorized Use (as defined below) of any content, features or functionality contained or made available by this Site is a breach of your contractual obligations hereunder, other relevant agreement(s) you have with us, and may also be in violation of copyright or trademark laws, privacy, publicity, communications regulations and statutes.
Logging into the Site, using the Site services, viewing the Site pages, interacting in any way with the various available Site functions, collectively constitute "Use" of the Site. You hereby agree that your Use of the Site sufficiently demonstrates and serves to confirm your consent to this Contract.
CONTENTS
LICENSE
USER GENERATED CONTENT
DMCA NOTICE
ACCURATE INFORMATION & ACCOUNT SECURITY
USE RESTRICTIONS & LIMITATIONS
WARRANTY DISCLAIMER
LIMITATION OF LIABILITY
INDEMNIFICATION
TRANSMISSIONS
ENTIRE CONTRACT
MISCELLANEOUS & GOVERNING LAW
LICENSE
Scout Solutions grants you a personal, non-exclusive, non-transferable, non-sub-licensable, non-commercial, and revocable license to use the functionality provided in the Site ("License").
We reserve the right to revoke the License at any time and without advance notice if we determine, at our own discretion, that you have breached this Contract.
USER GENERATED CONTENT
By uploading any content to the Site, you herby grant Scout Solutions an irrevocable, perpetual, exclusive, fully sub-licensable, world-wide, and royalty free license to publicly display, edit, reproduce, distribute, disclose, use, create derivatives, and modify such content in any medium connection with operating the Site.
You are Solely liable for any content you upload to the Site. You represent and warrant that you: (a) are the exclusive owner of the content and that you have all rights, approvals and/or consents necessary to upload it to the Site; (b) your content does not infringe on the rights of any Third Parties. We reserve the right to remove any content we conclude violates this Contract without providing any notice to you.
DMCA NOTICE
In operating the Site, we may act as a "services provider" (as defined by DCMA) and offer services as online provider of materials and links to Third Party web sites.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information
ACCURATE INFORMATION & ACCOUNT SECURITY
All the information that you provide in order to Use the Site must be true, accurate, current, and complete. In the event you made a mistake or wish to update your account information, please contact us at info@scoutsolutions.com.
You will change any password immediately if you believe it may have been compromised or used without authorization. you also agree to immediately inform us of any breaches of security that you become aware of, such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us at info@scoutsolutions.com.
USE RESTRICTIONS & LIMITATIONS
Copyright: All content in this Site, including, without limitation, algorithmic functionality, text, pictures, graphics, data, and the selection and arrangement thereof, are copyrighted materials of Scout Solutions, LLC @2023 ALL RIGHTS RESERVED, or of the original author of the material.
Trademarks: Any and all Trademarks, service marks, trade names and logos (collectively, the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Scout Solutions or it licensors. These Trademarks may not be copied, imitated or used, in whole or in part, without prior, explicit written permission. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Site, without our prior, explicit written consent.
Hyperlinks: Any Third Party links provided in the Site are provided solely for your convenience. We do not review, endorse nor make any representations about such sites, and your use of these sites is at your own risk. You agree that we will not be responsible or liable under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with your use or reliance on these Third Party sites.
Limited Access: You agree you will not use, directly or indirectly, any bot, spider, or other automatic method or means, nor any manual processes to copy or reverse engineer all or any part of this Site. You agree that you will not use any device, software or other automatic or manual routine to interfere or attempt to interfere with the proper working of the Site.
Additional Use Restrictions: You may not post, intercept, transmit, email, retransmit or store material on, from and/or through the Site, which: (i) violates any local, state, federal or foreign law or regulation; (ii) is threatening, harassing, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity; (iii) violates the rights of any person, including rights protected by copyright, trademark, trade secret, patent or other intellectual property or similar laws or regulations; or (iv) contains malware. You will be solely responsible for determining and complying with any and all laws and regulations that are applicable to your Use.
WARRANTY DISCLAIMER
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS." "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SCOUT SOLUTIONS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCOUT SOLUTIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF MALWARE.
WITHOUT LIMITING ANY OF THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE;LOSS OF DATA; LOSS CAUSED BY MALWARE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND MALWARE CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
This Site gives you Specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in the Contract may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in this Contract shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, adn we do not seek to exclude or limit liability for fraudulent misrepresentation.
INDEMNIFICATION
You will indemnify and defend Scout Solutions from any loss, liability, claim, demand, damage or expense (including reasonable legal fees) asserted by any third party relating to your Use or breach of this Contract.
TRANSMISSIONS
Any information you transmit to or post on this Site, by any means, will be treated as non-confidential.
ENTIRE CONTRACT
This Contract contains the entire understanding and agreement between you and Scout Solutions with respect to the Use of this Site and supersedes all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and us with respect to this Site and your Use thereof.
MISCELLANEOUS & GOVERNING LAW
If any provision in this Contract is held by a court of competent jurisdiction to be invalid, then such provision shall be construed as nearly as possible to correspond with Scout Solution's intentions and without prejudice to Scout Solutions as the drafter and the remaining provisions in the Contract shall remain unaffected. Our failure to exercise or enforce any right or provision of the Contract shall not constitute a waiver of such right or provision, unless previously and explicitly agreed to by us in writing. The section titles in this Contract are solely used for convenience and have no independent legal significance. This Contract may be assigned in whole or in part by us, but this Contract may not be assigned by you. This Contract shall be governed by and construed in accordance with the laws of the State of Minnesota, notwithstanding any conflict of laws provisions or rules. you unequivocally, irrevocably and unconditionally: (i) consent to the exclusive jurisdiction of the state and federal courts sitting in Hennepin County, Minnesota for any litigation or dispute arising out of relating to this Contract; (ii) agree to waive a trial by jury; (iii) agree not to commence any litigation arising out of relating to this Contract in any other jurisdiction; and (iv) agree not to plead or claim that such litigation is being brought in an inconvenient forum.
60 West Sycamore Street, Saint Paul, MN 55117