These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Ever Scouts to binding and final arbitration. You will only be permitted to pursue claims against Ever Scouts on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
TO APPLY FOR ADMISSION FOR YOUR CHILD TO PARTICIPATE IN Ever Scout ACTIVITIES, TO ACCESS AND USE THE SITE AND THE OTHER EVER SCOUTS SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE. BY CLICKING “I AGREE,” ACKNOWLEDGING YOUR AGREEMENT, AGREEING VERBALLY OR APPLYING FOR ADMISSION FOR YOUR CHILD TO Ever Scout ACTIVITIES, OR ACCESSING AND USING ANY OF THE OTHER EVER SCOUTS SERVICES, YOU REPRESENT THAT:
- YOU ARE THE PARENT OF THE CHILD FOR WHOM YOU ARE APPLYING FOR ADMISSION TO PARTICIPATE IN THE Ever Scout ACTIVITIES
- NEITHER YOU NOR YOUR CHILD HAS BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM Ever Scout ACTIVITIES, OR ANY OF THE OTHER EVER SCOUTS SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH EVER SCOUTS;
- YOU AND YOUR CHILD WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
- YOU ARE NOT A COMPETITOR OF EVER SCOUTS AND DO NOT INTEND TO USE ANY Ever Scout ACTIVITIES, OR ANY OF THE OTHER EVER SCOUTS SERVICES FOR REASONS THAT ARE IN COMPETITION WITH EVER SCOUTS OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER EVER SCOUTS SERVICES FOR ANY REASON.
3. Ever Scout Activities
3.1 Participation in Ever Scout Activities.
(a) For a Scout to participate in Ever Scout Activities, the Scout’s Parent must apply by submitting (i) the Parent’s first and last name, e-mail address, mailing address (for purposes of physical fulfillment) and telephone number, and (ii) the Scout’s first and last name, gender, date of birth, and school grade and any other information requested at the time. We will send an e-mail notifying the Parent of a Scout’s acceptance in, or rejection from, Ever Scout Activities. We will also send an e-mail providing information regarding an e-mail address and password which we will establish for each Scout. Each Scout shall use such e-mail address and password to participate in Ever Scout Activities and to otherwise communicate with us and our Guides.
(b) If a Scout is accepted to participate in Ever Scout Activities, the applicable subscription fees must be paid in order for your Child to participate in Ever Scout Activities (as described below in Section 4).
(c) In applying for your Child to participate, and to participate, in Ever Scout Activities, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration process (“Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Ever Scouts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ever Scouts has the right to prohibit you (or your Child) from participating in Ever Scout Activities. You agree not to register using a false identity or information, or on behalf of someone other than your Child. You agree not to access any of the Ever Scouts Services if you have been previously removed by Ever Scouts or if you have (or your Child has) been previously banned from participation in Ever Scout Activities or you have been previously banned from accessing and using any of the Ever Scouts Services.
3.2 Ever Scout Standards.
When a Scout participates in Ever Scout Activities, both the Parent and the Scout agree that they will not behave in any way to provoke, bully, demean, or cause harm to others, or to create conflict, with any other Parent, Scout or User (collectively, the “Prohibited Behavior”). If you feel that any Parent, Scout or User, including any Guide, has engaged in any Prohibited Behavior, please promptly contact us at email@example.com. Please provide all relevant information, including your full name, the related Parent, Scout or User and the details of the possible engagement of Prohibited Behaviors. To the extent reasonably practicable, we will not disclose your name or the name of your Child.
4. Fees, Payments and Refunds
Unless otherwise agreed by Ever Scouts, the monthly Subscription Fees shall be paid prior to the beginning of each month. You authorize Ever Scouts to automatically charge your credit or debit card through the Payment Processor for any such Subscription Fee.
(b) Payment Processing.
The Subscription Fees and other payments made in connection with Ever Scout Activities and the other Ever Scouts Services shall be made through a third-party payment processor directed by Ever Scouts (e.g., PayPal, Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). Payment processing services for Ever Scout Activities are currently provided by Stripe and are subject to Stripe’s terms of service (as modified from time to time, the “Stripe Terms”). By agreeing to these Terms or continuing to access or use Ever Scout Activities or any of the other Ever Scouts Services, you agree to be bound by the Stripe Terms. As a condition of Ever Scout’s enabling payment processing services through a Payment Processor, you agree to provide the Payment Processor accurate and complete information about you, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Ever Scouts to share any relevant transaction information to the Payment Processor.
(c) Right to Suspend. If you fail to pay any Subscription Fees when due, Ever Scouts may, upon prior written notice to you, suspend your Child’s ability to participate in Ever Scout Activities.
(d) Future Services. In paying the Subscription Fee, you acknowledge and agree that you are not relying on future availability of Ever Scout Activities beyond the subscription period for which the Subscription Fee that you paid applies.
4.2 Changes in Fees and Payment Methods.
Ever Scouts reserves the right at any time to change the Subscription Fees (including to begin charging for services that it is currently providing free of charge or for new features) and billing methods, either immediately upon posting on the Site or any of the other Ever Scouts Services or by notifying you by e-mail.
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY EVER SCOUTS IN ITS SOLE DISCRETION.
5. Right to Access and Use; Unauthorized Use.
5.1 Right to Access and Use
Subject to your compliance with all the terms and conditions set out in these Terms, Ever Scouts hereby grants (a) to your Child the right to participate in Ever Scout Activities and (b) to you the right to access and use the Site and the other Ever Scouts Services, to the extent of, and in accordance with, these Terms.
5.2 Prevention of Unauthorized Use
Ever Scouts reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or participation in Ever Scout Activities, or the circumvention of the other Ever Scouts Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
6. Additional Policies.
When applying for or participating in Ever Scout Activities or requesting, accessing or using any of the other Ever Scouts Services, you may be subject to any additional posted policies, guidelines or rules applicable to Ever Scout Activities, the Site and the other Ever Scouts Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
7. Respecting other People’s Rights.
Ever Scouts respects the rights of others and so should you and your Child. You and your Child therefore shall treat all other Scouts with respect and shall not stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any other Scout or User.
8. Modification of these Terms.
Ever Scouts reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, or any of the other Ever Scouts Services. If Ever Scouts updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of Ever Scout Activities, or any of the other Ever Scouts Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Ever Scouts will use commercially reasonable efforts to notify you of such change. Ever Scouts may provide notice through a pop-up or banner within the Ever Scouts Services, by sending an e-mail to any address that we may have for you, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Ever Scouts may require you to provide consent by accepting the changed Terms. If Ever Scouts requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Ever Scouts, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on the Site or any of the Ever Scouts Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR PARTICIPATION IN THE Ever Scout ACTIVITIES AND USE OF ALL OF THE OTHER EVER SCOUTS SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
9. Digital Millennium Copyright Act.
It is Ever Scouts’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). Ever Scouts reserves the right to terminate without notice any Scout’s participation in Ever Scout Activities and any User’s access to the Site and the other Ever Scouts Services if that Scout or User is determined by Ever Scouts to be a “repeat infringer.” In addition, Ever Scouts accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
10. Prohibited Conduct.
BY PARTICIPATING IN Ever Scout ACTIVITIES, OR ACCESSING OR USING ANY OF THE OTHER EVER SCOUTS SERVICES YOU, AGREE NOT TO:
10.1 Access or use Ever Scout Activities or any of the other Ever Scouts Services for the benefit of anyone other than yourself (and your Child) except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the Ever Scout Activities, or using Ever Scout Activities as part of a service bureau or outsourcing offering;
10.2 Provide any services, directly or indirectly, that are similar to, or based on, Ever Scout Activities or any of the other Ever Scouts Services;
10.3 Copy, disclose, or distribute any data or other information available through Ever Scout Activities, the Site or any of the other Ever Scouts Services, including any information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”
10.4 Interfere with, circumvent or disable any security or other technological features or measures of the Ever Scout Activities or attempt to gain unauthorized access to the Ever Scout Activities;
10.5 Use bots or other automated methods to: access Ever Scout Activities, download any information, send or redirect messages or perform any other activities through the Ever Scout Activities or any of the other Ever Scouts Services;
10.6 Take any action that Ever Scouts determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
10.7 Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Ever Scouts Services;
10.8 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
10.9 Participate in Ever Scout Activities, or use any of the other Ever Scouts Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or
10.10 Use any of the Ever Scouts Services for any commercial solicitation purposes.
11. Third-Party Sites.
The Site and/or any of the other Ever Scouts Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to our Users. These sites or services may include links to the information about education and other sites or services that we think may be of interest to our Users. Ever Scouts does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Ever Scouts Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
12. Mobile and Data Services.
You are responsible for any mobile and data charges that you may incur in connection with participation in Ever Scout Activities and use of any of the other Ever Scouts Services. If you’re unsure what those charges may be, you should ask your service provider before participating in Ever Scout Activities or using any of the other Ever Scouts Services.
13.1 Ever Scouts.
You agree that Ever Scouts in its sole discretion, for any or no reason, and without penalty, may terminate you (or your Child’s) participation in Ever Scout Activities or your access and use of any of the other Ever Scouts Services and remove and discard all or any part of your information, at any time. Ever Scouts may also in its sole discretion and at any time discontinue providing access to Ever Scout Activities or any of the other Ever Scouts Services, or any part thereof, with or without notice. You agree that any termination of your (or your Child’s) ability to participate in Ever Scout Activities, or access or use any of the other Ever Scouts Services may be effected without prior notice, and you agree that Ever Scouts will not be liable to you or any third party for any such termination. Ever Scouts reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Ever Scouts to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Ever Scouts may have at law or in equity. As provided herein, Ever Scouts does not permit copyright infringing activities on the Site or any of the other Services, and Ever Scouts shall be permitted to terminate participation in Ever Scout Activities or access to any of the other Ever Scouts Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD EVER SCOUTS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EVER SCOUTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EVER SCOUTS OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) Ever Scout Activities, the Site or any of the other Ever Scouts Services, (ii) any term of these Terms or (iii) any policy or practice of Ever Scouts in operating Ever Scout Activities, the Site or the other Ever Scouts Services, is to terminate your participation in Ever Scout Activities and the use of the other Ever Scouts Services. You may terminate your use of any of the Ever Scouts Services at any time.
14. Ownership; Proprietary Rights.
The Ever Scout Activities, the Site and the other Ever Scouts Services are owned and operated by Ever Scouts. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Ever Scouts Services provided by Ever Scouts (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of the Ever Scouts Services are the property of Ever Scouts or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to Ever Scouts or its affiliates and/or third-party licensors. Except as expressly authorized by Ever Scouts, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Ever Scouts reserves all rights not expressly granted in these Terms.
You hereby grant to Ever Scouts a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to Ever Scout Activities, the Site and/or the other Ever Scouts Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation.
You agree to indemnify, defend, and hold Ever Scouts its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your (or your Child’s) participation in Ever Scout Activities, your use or misuse of the Site or any of the other Ever Scouts Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Ever Scouts reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Ever Scouts and you agree to cooperate with Ever Scouts’ defense of these claims. Ever Scouts will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. No Warranties; Disclaimers.
16.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVER SCOUTS AND ITS GUIDES, AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “EVER SCOUTS PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO Ever Scout ACTIVITIES, THE SITE AND THE OTHER EVER SCOUTS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EVER SCOUTS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT Ever Scout ACTIVITIES, THE SITE OR THE OTHER EVER SCOUTS SERVICES, WILL MEET YOUR (OR YOUR CHILD’S) REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE EVER SCOUTS PARTIES OR THROUGH Ever Scout ACTIVITIES, THE SITE OR THE OTHER EVER SCOUTS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16.2 “As Is” and “As Available” and “With all Faults.”
YOU EXPRESSLY AGREE THAT Ever Scout ACTIVITIES, THE SITE AND ANY OF THE OTHER EVER SCOUTS SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE EVER SCOUTS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
16.3 PLATFORM OPERATION AND CONTENT.
THE EVER SCOUTS PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH Ever Scout ACTIVITIES, THE SITE OR ANY OF THE OTHER EVER SCOUTS SERVICES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY EVER SCOUTS, THE EVER SCOUTS PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE PARTICIPATION IN Ever Scout ACTIVITIES OR THE USE OF ANY OF THE EVER SCOUTS SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
16.5 Harm to your Mobile Devices.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH Ever Scout ACTIVITIES, THE SITE OR ANY OF THE OTHER EVER SCOUTS SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
17. Limitation of Liability and Damages.
17.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE EVER SCOUTS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR (OR YOUR CHILD’S) PARTICIPATION OR INABILITY TO PARTICIPATE IN Ever Scout ACTIVITIES, YOUR USE THE SITE OR ANY OF THE OTHER EVER SCOUTS SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH EVER SCOUTS, ANY SCOUT, PARENT OR ANY OTHER USER, EVEN IF EVER SCOUTS OR A EVER SCOUTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EVER SCOUTS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17.2 Limitation of Damages.
IN NO EVENT WILL THE EVER SCOUTS PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR (OR YOUR CHILD’S) PARTICIPATION IN Ever Scout ACTIVITIES, ACCESS AND USE OF THE SITE OR ANY OF THE OTHER EVER SCOUTS SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH EVER SCOUTS, ANY GUIDE, SCOUT, PARENT OR OTHER USER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $100 AND (B) AN AMOUNT EQUAL TO THE SUBSCRIPTION FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
17.3 Release for Disputes between Users.
If you have a dispute with any Parent, Scout or other Users or other third parties, you hereby release Ever Scouts and the other Ever Scouts Parties from claims, demands and damages (actual and consequential) 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 Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
17.4 Third-party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN EVER SCOUTS AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE EVER SCOUTS SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
17.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT EVER SCOUTS HAS OFFERED Ever Scout ACTIVITIES AND THE OTHER EVER SCOUTS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EVER SCOUTS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EVER SCOUTS. EVER SCOUTS WOULD NOT BE ABLE TO AUTHORIZE PARTICIPATION IN Ever Scout ACTIVITIES OR ACCESS AND USE OF ANY OF THE OTHER EVER SCOUTS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17.6 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
18. United States Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of Ever Scout Activities or any of the other Ever Scouts Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
Ever Scouts may provide you with notices, including those regarding changes to these Terms, by e-mail or postings on any of the Ever Scouts Services. Notice will be deemed given twenty-four hours after the e-mail is sent, unless Ever Scouts is notified that the e mail address is invalid. Notices posted on any of the Ever Scouts Services are deemed given 30 days following the initial posting.
The failure of Ever Scouts to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ever Scouts.
19.3 Dispute Resolution.
If a dispute arises between you and Ever Scouts, the goal is to provide you with a neutral and cost- effective method of resolving the dispute quickly. Accordingly, you and Ever Scouts agree that any dispute, claim or controversy at law or equity that arises out of these Terms, Ever Scout Activities, the Site or any of the other Ever Scouts Services (a “Dispute”) will be resolved in accordance with this Section 19.3 or as Ever Scouts and you otherwise agree in writing. Before resorting to these dispute methods, Ever Scouts strongly encourages you to first contact Ever Scouts directly to seek a resolution.
- (a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE EVER SCOUTS SERVICES.
- (b) Arbitration and Class Action Waiver. PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
- ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND EVER SCOUTS (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE EVER SCOUTS SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION AND YOU AND EVER SCOUTS HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE California. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND EVER SCOUTS WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF. Neither you nor Ever Scouts will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST EVER SCOUTS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another Parent, Scout or other User or third party, if Ever Scouts is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
- Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 19.3(b) is found not to apply to you or your claim, you and Ever Scouts agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Los Angeles County, CA. Both you and Ever Scouts irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Ever Scouts may bring a claim for equitable relief in any court with proper jurisdiction.
- Survival. This arbitration agreement will survive the termination of your (or your Child’s) participation in Ever Scout Activities or use any of the other Ever Scouts Services or your relationship with Ever Scouts.
- (c) 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 19.3 above by sending written notice of your decision to opt-out to firstname.lastname@example.org. The notice must be sent to Ever Scouts within thirty (30) days of your use of any of the Ever Scouts Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
- (d) Improperly Filed Claims. All claims you bring against Ever Scouts must be resolved in accordance with this Section 19.3. All claims filed or brought contrary to this Section 19.3 shall be considered improperly filed. Should you file a claim contrary to this Section 19.3, Ever Scouts may recover attorneys’ fees and costs up to $15,000, provided that Ever Scouts has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
19.5 Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Ever Scouts. Nothing in these Terms shall create any obligation between either party and a third party.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ever Scouts without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your (or your Child’s) participation in Ever Scout Activities, your use of the Site or any of the other Ever Scouts Services or your relationship with Ever Scouts any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4 and 9 - 19.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
19.9 Entire Agreement.
19.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
19.11 Geographic Restrictions.
Ever Scouts is based in the state of California in the United States. Ever Scouts makes no claims that participating in Ever Scout Activities or that accessing or using or that any of the other Ever Scouts Services or any of the content is accessible or appropriate outside of the United States. Participating in Ever Scout Activities or accessing or using the Site or any of the other Ever Scouts Services may not be legal by certain persons or in certain countries. If you access any of these Ever Scouts Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ever Scouts with respect thereto.
19.12. Electronic Communications.
The communications between you and Ever Scouts use electronic means, whether you visit the Site or the other Ever Scouts Services or send Ever Scouts e-mails, or whether Ever Scouts posts notices on the Site or the other Ever Scouts Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Ever Scouts in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Ever Scouts provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
Ever Scout Activities, the Site and the other Ever Scouts Services are offered by Ever Scouts, Inc. You may have this same information sent to you by e-mailing email@example.com with a request for this information. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.