The Sites are intended for a general audience aged eighteen (18) years and older. If you are under the age of 18, you are prohibited from using the Sites.
As an express condition of your use of the Sites, you agree, represent, and warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these TOU or the other Terms and Conditions. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other party's use and enjoyment of the Sites.
You may not use automated means of any kind to manipulate Company data, information or services. You may not use automated means, including spiders, robots, crawlers, or similar technologies on the Sites or in connection with the sites for any purpose. You may not decompile, dissemble, reverse engineer, copy, create derivative works from or display any of the Sites' or Company's software code. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites through hacking, password mining, or any other means. You may not upload, link to, post or transmit in any way connected to the Sites: (i) content of an illegal nature (including content that violates third party intellectual property rights); (ii) pirated software (or software sites), content that facilitates "hacking" or "cracking"; (iii) content with the sole purpose of causing harm or inciting hatred or content that could be considered as slanderous or libelous. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites. Company expressly prohibits using the Sites in any way for: bullying; pre-texting (impersonation); or spamming (sending unsolicited messages or junk mail).
Company reserves the right, in its sole and exclusive discretion, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any user of the Sites who violates any of the above. You expressly understand and agree that violation of the above may result in termination of your access and/or account without refund of any fees or other amounts paid by you to the Company or others.
Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products, or Services obtained from the Sites.
Company reserves the right to change the terms, conditions, and notices concerning your use of the Sites without notice. You are responsible for regularly reviewing these TOU and any other Terms and Conditions posted on the Sites. We will always post the date that the TOU and/or the Additional Terms were last revised. Your continued use of the Sites constitutes your continued agreement to all such terms, conditions, and notices.
If you submit any materials, feedback, your original content, or other communications (collectively, "Submission") to the Sites or to the Company, you grant the Company and its designees and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, prepare derivative works from and reformat your Submission, and publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission that you provide and the Company may remove any Submission at any time in its sole discretion. If the Company does post or use any Submission, the Company may remove, modify or cease to use such Submission at any time in the Company's sole discretion.
All of the materials and Content appearing on the Sites are either owned, licensed or sub- licensed (including, without limitation, through these TOU) to the Company and are used by the Company in accordance with the applicable licenses and laws. You may not copy, distribute, or otherwise disseminate any materials or Content (including any logos, images, or data) from the Sites or otherwise use in any manner inconsistent with the exclusive rights of the copyright or trademark holder, unless you are the owner of said materials or Content or have express written permission from the owner of said materials. All rights not expressly licensed to you under these TOU or other applicable Terms and Conditions are expressly reserved by the Company, or if applicable by the owner of such rights.
EXCEPT AS PROVIDED IN THE EULA WITH RESPECT TO COMPANY "Products" (AS DEFINED IN THE EULA), THE INFORMATION, SOFTWARE, CONTENT, SERVICES AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED AS-IS, AND MAY INCLUDE INACCURACIES, DEFECTS OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE MADE TO THE SITES FROM TIME TO TIME AND TO THE INFORMATION CONTAINED THEREIN. THE COMPANY AND/OR ITS AUTHORIZED BUSINESS RELATIONS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.
THE COMPANY AND ITS BUSINESS RELATIONS DO NOT MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURACY OF THE CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. EXCEPT AS PROVIDED IN THE EULA WITH RESPECT TO COMPANY "PRODUCTS" (AS DEFINED IN THE EULA), ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED (OR NOT SENT OR RECEIVED), OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, MADE BY YOU OR BY A THIRD PARTY. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES BY ANY THIRD PARTY.
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS EVENT, THE COMPANY'S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY TO ACCESS THE SITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST THE COMPANY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY PART OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY AND REFLECTS AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS). ACCESS TO THE SITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You agree to indemnify and hold the Company and its respective officers, directors, employees, agents, successors, and assigns harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to, or arising out of, your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Company.
The Parties agree that any and all disputes that may arise out of these TOU or out of each Party's relationship to with the other shall be submitted to the American Arbitration Association's ("AAA") Chicago, Illinois office, pursuant to their procedures (including filing and notification procedures). The award rendered by the arbitrator shall be final and binding and may be entered in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in AAA and such courts (except that nothing herein shall prevent either Party from initiating a small claims court action).
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to either Party or to a particular claim or dispute, either as a result or a decision by the arbitrator or a court order, the Parties agree that any Claim must be resolved exclusively in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in such courts, or if such courts determine that such courts lack subject matter jurisdiction, the U.S. Federal Court located in Cook County, Illinois.
It is the express will of the Parties that these TOU be prepared in English. In the event that these TOU are translated into another language or otherwise reprinted, this English language version of these TOU (as amended) shall govern if any inconsistencies from such translation arise.
While the Company endeavors to use reasonable efforts to ensure the accuracy of the materials and Content presented, these TOU explicitly warn you that this service may include typographical errors and/or technical inaccuracies.
The Company reserves the right to change these TOU as it deems reasonable and appropriate without notice to you. Any changes to these TOU are effective as soon as such changes are posted to the Sites or mobile applications. The date of the most recent changes to these TOU are listed at the beginning of this document. The Company encourages you to verify the date that these TOU were last updated whenever you contact The Sites or mobile applications to determine whether or not changes were made. The Company may, from time to time, post notices on the Sites or mobile applications if the Company believes, in its sole discretion, that it has made material changes to these TOU.
Company takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential even if the Company and you take protective measures. If you are transmitting confidential information, you are doing so at your own risk.
If you have any questions, comments, or concerns, please contact the Company's customer service department, during normal business hours Monday through Friday Central Standard time at 1-844-AT- SCOUT (287-2688) or e-mail at email@example.com.
Company expressly reserves any rights not explicitly granted in these Terms and Conditions.