Description of Services
The following terms and conditions (the "Agreement") form a binding agreement
between you and Scoutmob, which is sometimes referred to as “Scoutmob,” “we,” “us”
or “our.” Please review the following terms carefully. By using the Site or any Scoutmob
Services, you are agreeing to these terms, and all of these terms will govern your use
of the Site and our Services. The term "you" refers to the person accessing or using
the Site or our Services, or the company or organization on whose behalf that person
accesses the Site or our Services.
Our Services
Scoutmob is an online community for people to express their local interests
(the "Services") through our website located at http://www.scoutmob.com and other
online areas owned or operated by us, such as our Facebook, Twitter and mobile phone
applications (the "Site"). The Services also include the opportunity for you to purchase
special Hand-Picked Deals (as described below) for the products and services of third
party merchants. The Services and Site are collectively referred to here as "Scoutmob."
Conditional Use of Our Site and Services
Your permission to use Scoutmob is conditioned upon your agreement that you:
- will comply with these Terms of Service;
- will not copy or distribute any part of Scoutmob in any medium without
Scoutmob’s prior written authorization;
- will provide accurate information when registering for our Services;
- will not use Scoutmob to collect any personally identifiable information, including
account names, email addresses, or other such information, for commercial
purposes;
- will not use the communication systems provided by or contacts made on
Scoutmob for any commercial solicitation purposes;
Terms of Sale
How It Works
By placing an order for a given Deal, you make an offer to purchase the Deal you have
selected on the terms, restrictions and conditions associated with the Deal. Once you’ve
placed your order, you will receive a confirmation of the Deal and your Reservation. Your
credit card will be charged for the amount of the Deal. We will notify you by email when
the Deal is to be used.
Expiration Dates
If applicable, the expiration date for a Deal and Reservation is noted on your
confirmation and receipt.
Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at
the time you commit to purchase the particular Deal. Deal specific terms supersede any
inconsistent terms in this Agreement, except to the extent such terms are prohibited by
applicable law.
General Terms
Unless otherwise stated in the Deal or required by law, the following additional terms
apply to all Vouchers:
- no cash value for any Deal,
- no cash back will be issued for partial redemption of the paid portion of a
Voucher, except as required by law,
- Deals cannot be combined with any other coupons or promotions unless
otherwise noted in the Reservation,
- Deals cannot be used for taxes, tips, prior balances, shipping or handling, as
applicable,
- neither Scoutmob nor the Merchant is responsible for lost or stolen Deals or Deal
reference numbers,
- duplicate use, sale or trade of a Deals is prohibited, except as required by law,
Promotions of Deals and Hand-Picked Deals
From time to time we may offer special promotions, contests and/or sweepstakes
intended to provide you an incentive to purchase Deals or to encourage you to get
others to do so. The applicable rules will be posted on the Site in or near the description
of each such promotion. We reserve the right to interpret these rules in our sole
discretion, and you hereby agree to our interpretation.
Products Available for Sale
You understand that some or all products or services provided on the Site may not be
available for purchase to persons residing in certain jurisdictions or geographic areas.
Scoutmob reserves the right, in its sole discretion, to exclude or otherwise limit the
provision of a Voucher for any product or service to a person residing in any jurisdiction
or geographical area. Scoutmob does not represent or warrant that any product or
service promoted on the Site will be available for purchase by any particular person.
Refunds
Scoutmob will provide refunds as stipulated for each specific deal.
Links to Third Party Sites
Scoutmob may contain links to third party websites that are not owned, operated, or
controlled by Scoutmob. Therefore, we cannot and do not assume responsibility for the
content, privacy policies, or practices of such websites or the companies that own them.
Additionally, we cannot and will not censor or edit the content of any third party site. By
using Scoutmob you expressly relieve us from any and all liability arising from your use
of any third party website.
Disclaimer Of Warranties
THIS SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND "AS
AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SCOUTMOB
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT
NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING
ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS);
AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT,
AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT
OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT,
OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER
ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1)
THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES,
WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING
OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.
Limitation Of Liability
IN NO EVENT WILL SCOUTMOB, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS,
OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER
DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE
ON, OR INABILITY TO USE THE SITE, EVEN IF SCOUTMOB IN OR ITS AGENTS
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, SCOUTMOB'S LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon request by Scoutmob, you agree to defend, indemnify, and hold Scoutmob its
affiliates, officers, directors, and employees harmless from any and all claims, liabilities,
costs, and expenses, including reasonable attorneys' fees, arising in any way from your
use or misuse of the Site or Services, including your interaction with causes, companies,
or organizations that advertise or solicit contributions on the Site, or other uploading,
posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content
or other materials by you or users authorized by you or any violation of these Terms by
you. We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will
cooperate with us in asserting any available defense.
