May 6, 2015
- Scooch may change these Terms at any time by posting the amended Terms on the Site. If you access or use the Site after the change is posted (or after the effective date of the change if an effective date is provided), you accept and agree to the amended Terms. The Terms cannot be changed or amended in any other manner except in a written amendment that is executed by hand (not by email) by you and by an authorized representative of Scooch.
- Scooch provides you with access to and use of the Site subject to your compliance with these Terms. Scooch may limit, suspend, or terminate your access to the Site in whole or in part if you fail, or Scooch suspects that you are failing, to comply with any of these Terms or for any actual or suspected illegal or improper use of the Site, with or without notice to you. You may also be subject to legal liability. For example, attempting to disrupt or interfere with the Site may violate criminal and civil laws.
- The Site contains information and other content provided by Scooch or its licensors or suppliers (the “Scooch Content”). While Scooch provides the Scooch Content in good faith, Scooch cannot guarantee the accuracy, applicability or suitability of the Scooch Content. From time to time the Site may contain third party materials such as advertisements and website links. Scooch does not and cannot review all third party material made available on the Site or through websites linked from the Site or linking to the Site. The existence of any link to or from the Site does not mean that Scooch endorses or is affiliated with any third party website or service. Scooch does not control and is not responsible for any third party websites or their content. Scooch does not endorse or make any representations about third party websites or any information, products or materials found there, or any results that may be obtained from using third party websites, products or services. If you decide to access any third party websites, you do so entirely at your own risk.
- It is entirely your responsibility to install and maintain anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, and any other malicious code. You will not engage or assist in any virus distribution, denial of service attacks, or other attempts to disrupt the Site or any other person’s use or enjoyment of the Site. You will not attempt to circumvent the security of the Site or gain unauthorized access to the Site. You will not upload or transmit spyware or other material that acts as a passive or active information collection or transmission mechanism such as clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, or cookies. You will not use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site. You will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site.
- The Site includes copyrighted works owned by Scooch. Scooch reserves all rights, including all intellectual property rights or other proprietary rights, in connection with the Site. The SCOOCH and CLIPSTIC trademarks, and other trademarks, trade names or trade designations appearing on the Site are owned by Scooch or by its licensors or suppliers. Except to the extent expressly permitted by law or applicable open source licenses, you will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Site. You will not copy, modify or distribute offers or other content from the Site. All offers and content are for your personal use only and cannot be sold or otherwise transferred.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE SCOOCH PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- IN NO EVENT WILL SCOOCH, ITS AFFILIATES, AND ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS (EACH A “SCOOCH PARTY” AND COLLECTIVELY THE “SCOOCH PARTIES”) BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SITE, YOUR USE OF THE SITE, OR ANY CONTENT OF THE SITE, WHETHER THE CONTENT IS PROVIDED BY SCOOCH OR ANY THIRD PARTY, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SCOOCH WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
- TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT. SCOOCH HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SCOOCH IS TO STOP USING THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
- YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SCOOCH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY OF THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE, THIRD PARTY ADVERTISERS AND MERCHANTS, AND OPERATORS OF THIRD PARTY WEBSITES, AND THAT THE RISK OF THE SITE, ANY USE OF THIRD PARTY WEBSITES OR SERVICES, INCLUDING PERSONAL INJURY AND PROPERTY DAMAGE, RESTS ENTIRELY WITH YOU.
- 10. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIMITATIONS AND EXCLUSIONS WILL BE THE MAXIMUM PERMITTED BY LAW.
- You agree to indemnify and hold the Scooch Parties harmless from and against any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of your use or misuse of the Site or any violation by you of these Terms. Scooch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Scooch Parties, and you agree to cooperate with such defense. Scooch will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- You are solely responsible for your interactions with any other parties with whom you interact through the site, including third party advertisers and merchants. Scooch may in its sole discretion become involved with these disputes, but has no obligation to do so. If you have a dispute with one or more such third parties, you release the Scooch Parties from any and all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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 settlement with the debtor.”
- This Agreement and any dispute arising out of or related to it or the Site will be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against any of the Scooch Parties must be resolved exclusively by a state court located in Hamilton County, Indiana, or in a federal court located in the Southern District of Indiana, Indianapolis Division, except as otherwise agreed by the parties or as described below with respect to arbitrated claims. You submit to the personal jurisdiction of these courts for the purpose of litigating all such claims or disputes and agree that such courts are a convenient forum for adjudication. YOU AND SCOOCH EACH HEREBY WAIVE TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
- For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. A party that elects arbitration will initiate the arbitration though the American Arbitration Association (“AAA”). The arbitration will be conducted solely by any or all of the following means: telephone, online, and written submissions. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
- You acknowledge that the rights granted and obligations made under these Terms to Scooch are of a unique and irreplaceable nature, the loss of which would irreparably harm Scooch and which cannot be replaced by monetary damages alone. Accordingly, Scooch will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation, promotion, use or exploitation of the Site, any offers provided in connection with the Site, or advertising or other content used, provided or displayed through the Site.
- If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision will be considered stricken from these Terms and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Scooch will not, by mere lapse of time, be deemed to have waived any breach of any of the provisions of these Terms. Further, the waiver by Scooch of a particular breach of these Terms will not constitute a continuing waiver of such breach or a waiver of any breach of any provision of these Terms.
- Scooch may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without Scooch’s prior written consent, executed by hand (not by email) by an officer of Scooch. Any unauthorized assignment or delegation by you is void and without force or effect.
- Scooch may notify you via postings on the Site, and via e-mail or any other communications means using any contact information you provide. All notices given by you or required from you under these Terms will be in writing and addressed to:
15482 Herriman Blvd
Noblesville, IN 46060
Attn: SCOOCH LEGAL NOTICE
Any notices that you provide that do not comply with the above requirements will have no force or effect.
- These Terms, any supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Scooch with respect to the Site, and supersede all prior understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent. All terms of these Terms which, by their nature, are intended to survive termination of these Terms will survive termination, including all ownership terms, indemnification obligations, disclaimers and limitations of liability.