Effective February 10, 2017
1. Your Agreement with ScoutSavvy
1.1 Your use of the ScoutSavvy service is governed by this agreement (the "Terms"). "ScoutSavvy" means ScoutSavvy LLC, located at 937 NW Glisan St, Portland, OR, 97209, United States, and its subsidiaries or affiliates involved in providing the ScoutSavvy Service. The “ScoutSavvy Services” means the services ScoutSavvy makes available through this website, including this website, the ScoutSavvy cloud computing platform, the ScoutSavvy API, the ScoutSavvy iOS app, the ScoutSavvy Android app, and any other software or services offered by ScoutSavvy in connection to any of those.
1.2 In order to use the ScoutSavvy Services, you must first agree to the Terms. You can agree to the Terms by actually using the ScoutSavvy Services. You understand and agree that ScoutSavvy will treat your use of the ScoutSavvy Services as acceptance of the Terms from that point onwards.
1.3 You may not use the ScoutSavvy Services if you are a person barred from receiving the ScoutSavvy Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the ScoutSavvy Services. You affirm that you are over the age of 18, as the ScoutSavvy Services are not intended for children under 18.
1.4 You agree your purchases of ScoutSavvy Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by ScoutSavvy or any of its affiliates regarding future functionality or features.
2. Your Account and Use of the ScoutSavvy Services
2.1 You must provide accurate and complete registration information any time you register to use the ScoutSavvy Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify ScoutSavvy immediately.
2.2 Your use of the ScoutSavvy Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the ScoutSavvy Services by any means other than through the interface that is provided by ScoutSavvy in connection with the ScoutSavvy Services, unless you have been specifically allowed to do so in a separate agreement with ScoutSavvy, or (b) engage in any activity that interferes with or disrupts the ScoutSavvy Services (or the servers and networks which are connected to the Service).
2.4 You may not access the ScoutSavvy Services for the purpose of bringing an intellectual property infringement claim against ScoutSavvy or for the purpose of creating a product or service competitive with the ScoutSavvy Services.
3. Service Policies and Privacy
3.1 You agree to comply with the ScoutSavvy Acceptable Use Policy available at acceptable use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
4. Fees for Use of the ScoutSavvy Services
4.1 Subject to the Terms, the ScoutSavvy Services are provided to job seekers without charge. The ScoutSavvy Services are provided to recruiters without charge for 7 days (or a pre-negotiated longer timeframe for some recruiters) after signup. Usage after 7 days for recruiters requires a purchase of additional resources or services. The pricing for additional resources and services can be found at http://scoutsavvy.co/pricing.
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in ScoutSavvy fees and payment policies, if different. Charges are exclusive of taxes.To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on ScoutSavvy's measurements of your use of the ScoutSavvy Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of ScoutSavvy and only in the form of credit for the ScoutSavvy Services. Nothing in these Terms obligates ScoutSavvy to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to ScoutSavvy may be shared by ScoutSavvy with companies who work on ScoutSavvy 's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to ScoutSavvy and servicing your account. ScoutSavvy may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ScoutSavvy shall not be liable for any use or disclosure of such information by such third parties. ScoutSavvy reserves the right to discontinue the provision of the ScoutSavvy Services to you for any late payments.
4.3 ScoutSavvy may change its fees and payment policies for the ScoutSavvy Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (http://scoutsavvy.co/pricing). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
5. Content on the ScoutSavvy Services and Take Down Obligations
5.1 You understand that all information (such as data files, written text, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the ScoutSavvy Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."
5.2 ScoutSavvy reserves the right (but shall have no obligation) to remove any or all Content from the ScoutSavvy Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from ScoutSavvy . In the event that you elect not to comply with a request from ScoutSavvyto take down certain Content, ScoutSavvy reserves the right to directly take down such Content or to disable your account.
5.3 You agree that you are solely responsible for (and that ScoutSavvy has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the ScoutSavvy Services and for the consequences of your actions (including any loss or damage which ScoutSavvy may suffer) by doing so.
5.5 You agree that ScoutSavvy has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service.
6. Proprietary Rights
6.1 You acknowledge and agree that ScoutSavvy (or ScoutSavvy 's licensors) own all legal right, title and interest in and to the ScoutSavvy Services, including any intellectual property rights which subsist in the ScoutSavvy Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7. License from ScoutSavvy and Restrictions
7.1 ScoutSavvy gives you a non-exclusive, non-transferable, non-sublicensable, license to access and use the ScoutSavvy Services as provided to you by ScoutSavvy. This license is for the sole purpose of enabling you to use and enjoy the benefit of the ScoutSavvy services as provided by ScoutSavvy, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the ScoutSavvy Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ScoutSavvy, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the ScoutSavvy Services or any applications running on the ScoutSavvyServices.
7.3 ScoutSavvy hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the ScoutSavvytrademarks and/or logos as provided here (“Marks”) for the sole purpose of promoting or advertising that you use the ScoutSavvy Services and solely in accordance with ScoutSavvy ’s then current Trademark Usage Guidelines, which may be found at https://www.ScoutSavvy.co/branding (or such other URL ScoutSavvy may provide from time to time). You agree that all goodwill generated through your use of the ScoutSavvy Marks shall inure to the benefit of ScoutSavvy .
8. Modification and Termination of the ScoutSavvy Services
8.1 ScoutSavvy is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the ScoutSavvy Services which ScoutSavvy provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the ScoutSavvy Services will be effective with respect to all versions of the ScoutSavvy Services; examples of changes to the form and nature of the ScoutSavvy Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
8.2 You may terminate these Terms at any time by canceling your account on the ScoutSavvyServices. You will not receive any refunds if you cancel your account.
8.3 You agree that ScoutSavvy, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the ScoutSavvy Services may be without prior notice, and you agree that ScoutSavvywill not be liable to you or any third party for such termination.
8.4 You are solely responsible for exporting your Content and Application(s) from the ScoutSavvy Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
8.5 Upon any termination of the ScoutSavvyServices or your account these Terms will also terminate, but Sections 6.1, 9, 10, 11, 12, 13, 14, 15, and 16 shall continue to be effective after these Terms are terminated.
9. EXCLUSION OF WARRANTIES
9.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT ScoutSavvy 'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ScoutSavvySERVICE IS AT YOUR SOLE RISK AND THAT THE ScoutSavvySERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
9.3 ScoutSavvy , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE ScoutSavvySERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ScoutSavvy , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE ScoutSavvySERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE ScoutSavvySERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE ScoutSavvySERVICES WILL BE ACCURATE.
10. LIMITATION OF LIABILITY
10.1 SUBJECT TO SECTION 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ScoutSavvy , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
10.2 THE LIMITATIONS ON ScoutSavvy 'S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT ScoutSavvyHAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11.1 You agree to hold harmless and indemnify ScoutSavvy, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "ScoutSavvy and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the ScoutSavvy Services, (c) your violation of applicable laws, rules or regulations in connection with the ScoutSavvy Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ScoutSavvy will provide you with written notice of such claim, suit or action.
12. Copyright Policy
12.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is ScoutSavvy 's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice. For more information, please go to https://www.ScoutSavvy.co/dmca.
13. Other Content
13.1 The ScoutSavvy Services may include hyperlinks to other web sites or content or resources or email content. ScoutSavvy may have no control over any web sites or resources which are provided by companies or persons other than ScoutSavvy.
13.2 You acknowledge and agree that ScoutSavvy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that ScoutSavvy is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14. Changes to the Terms
14.1 ScoutSavvy may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
14.2 You understand and agree that if you use the ScoutSavvy Services after the date on which the Terms have changed, ScoutSavvy will treat your use as acceptance of the updated Terms.
15. General Legal Terms
15.1 The Terms constitute the whole legal agreement between you and ScoutSavvy and govern your use of the ScoutSavvy Services (but excluding any services which ScoutSavvymay provide to you under a separate written agreement), and completely replace any prior agreements between you and ScoutSavvy in relation to the ScoutSavvy Services.
15.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
15.3 If ScoutSavvy provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
15.4 You agree that ScoutSavvy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the ScoutSavvy Services. By providing ScoutSavvy your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
15.5 You agree that if ScoutSavvy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ScoutSavvy has the benefit of under any applicable law), this will not be taken to be a formal waiver of ScoutSavvy's rights and that those rights or remedies will still be available to ScoutSavvy .
15.6 ScoutSavvy shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
15.7 The Terms, and your relationship with ScoutSavvy under the Terms, shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. You and ScoutSavvy agree to submit to the exclusive jurisdiction of the courts located within the county of Multnomah, Oregon to resolve any legal matter arising from the Terms.
15.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the ScoutSavvy Services upon written notice to the assigning party.
This document is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither Heroku, Inc. nor Google, Inc. is connected with and they do not sponsor or endorse ScoutSavvy or its use of the work.