TERMS AND CONDITIONS OF USE
1. Acceptance of Terms.
This software application (the “Application”) is provided by Offerscout, LLC. (“Offerscout”), subject to your compliance with the following Terms and Conditions of Use (“Terms”).
Offerscout reserves the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Application and these Terms. Your continued use of this Application after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to Offerscout’s “Affiliates” include its owners, licensees, assigns, parents, subsidiaries, affiliated companies, officers, directors, employees, suppliers, attorneys and insurers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Application and/or contents available on this Application.
You must be 18 years old, or the age of majority, as determined by the laws of your state, nation or province of residency, to accept these Terms and assume the obligations set forth herein.
BY USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE APPLICATION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION, OR THESE TERMS IS TO CEASE USING THE APPLICATION.
2. Third-Party Applications and Information.
This Application may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While Offerscout makes every effort to work with trusted, reputable providers, from time to time such websites may contain information, material or policies that some may find inappropriate or personally objectionable. Offerscout is not responsible for the accuracy, completeness, decency or legality of content hosted by third-party websites, nor is Offerscout responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the application or party by Offerscout, or any warranty of any kind, either express or implied.
Offerscout grants you a limited, non-transferable, non-sub-licensable right to use the Application exclusively for your own personal use on the authorized Apple or Android device (the “Device”) that you own or control. This license does not allow you to use the licensed Application on any Device that you do not own or control. You may not a) distribute or make the Application available over a network where it could be used by multiple devices at the same time; b) decompile, reverse engineer, disassemble, translate, make any attempt to discover the source code, images, item data, underlying ideas, web services, algorithms, structure, or organization of the Application, or otherwise reduce the source code to a human perceivable form (except as and only to the extent this restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of Open Source components included with the Application); c) download (other than page caching) modify, alter, network, or create derivative works based upon the Application or its accompanying documentation, in whole or in part, nor permit any other party to do so; d) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or e) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms of the Agreement. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Offerscout or its licensors. This Application may not be reproduced, duplicated, copies, sold, resold, visited, or otherwise exploited for any commercial purpose without Offerscout’s express written consent.
This Application is intended for use only in North America and other territories as designated by Offerscout. You agree that the Application will not be shipped, transferred or exported into any country, or used in any manner prohibited by the United States Export Administration Act, or any other law, rules, regulations or restrictions.
4. Warranty Disclaimer.
ALL CONTENT ON THIS APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OFFERSCOUT MAKES NO WARRANTY ABOUT (A) THE MATERIALS OR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS APPLICATION OR IN THE MATERIALS OR OFANY INFORMATION CONTAINED IN THIS APPLICATION, (B) ESTIMATES AND/OR FORECASTS OF FUTURE PERFORMANCE THAT MAY BE INCLUDED IN THE MATERIALS OR CONTENT (B) THE CONTENT OR APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
OFFERSCOUT MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS ON THIS APPLICATION, AT ANY TIME AND WITHOUT NOTICE.
THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, INCLUDING ANY LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
5. Limitation of Liability & Indemnification.
IN NO EVENT SHALL OFFERSCOUT, NOR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, BUSINESS PARTNERS, AFFILIATES OR ITS ATTORNEYS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES AND/OR THOSE ARISING FROM OR IN CONNECTION WITH (i) THE USE OF OR INABILITY TO USE THE APPLICATION (ii) THE USE OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS APPLICATION; (iii) ANY CONTENT CONTAINED ON THE APPLICATION; (iv) STATEMENTS OR CONTENT POSTED OR MADE PUBLICLY AVAILABLE ON THIS APPLICATION; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THIS APPLICATION; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THIS APPLICATION; OR (vii) ANY OTHER MATTER RELATING TO THIS APPLICATION REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED BY OFFERSCOUT. THIS EXCLUSION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION SHALL SURVIVE THE TERM OF YOUR RIGHT TO USE THE APPLICATION. BY USING THE APPLICATION, YOU ACKNOWLEDGE YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE APPLICATION.
You agree to defend, indemnify, and hold Offerscout and its members, officers, employees, business partners, affiliates, attorneys and any other person or entity involved in storing, retrieving, evaluating or displaying the data harmless from and against all liabilities, claims and expenses, including attorneys’ fees and costs that may arise from your use or misuse of this Application, your breach or alleged breach of these Terms, license agreements or associated notices, and/or your breach or alleged violation of intellectual property or other rights of third parties. Offerscout reserves the right, at its 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 Offerscout in asserting any available defenses.
6. No Legal or Tax Advice. The information contained in the Application is under no circumstances to be construed as investment advice. Offerscout does not provide accounting, tax or legal advice.
7. Termination of Use.
You agree that Offerscout may, at its sole discretion, terminate or suspend your access to all or part of the Application with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Application, and reporting you to the proper authorities, if necessary.
8. Miscellaneous Provisions.
a. International Use. Although this Application may be accessible worldwide, Offerscout makes no representation that materials on this Application are appropriate or available for use in locations outside North America. Those who choose to access this Application from other locations do so on their own initiative and at their own risk. If you choose to access this Application from outside North America, you are responsible for compliance with all local laws, ordinances, rules and regulations in your jurisdiction.
b. Governing Law. These terms and the relationship between you and Offerscout shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Texas, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
c. Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Offerscout must be sent to firstname.lastname@example.org, if by email, or to Offerscouts’s address at 429 College Ave Apt 429 Fort Worth, TX 76104, if by conventional mail. You agree to allow Offerscout to submit notices to you either through the email address or address provided, or to the address we have on record (where applicable). Any notices or communications under these Terms will be deemed delivered to the party receiving such notice or communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
d. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Application, or use of or access to this Application, beyond the limited rights granted to you under Section 3 of these Terms.
e. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
f. No Waiver. Any failure by Offerscout to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.