Effective Date: June 25, 2021
These Terms Contain an Agreement to Arbitration.
Please read these terms of service (“Terms” or “Agreement”) carefully before using our website, https://thescuttle.com/, (the “Site”), our mobile application, The Scuttle: Life. Organized. (“App”), and our other products or services that reference this Notice (collectively, the Site, the App, and our other products and services are hereinafter called the “Services”) operated by The Scuttle Sisters, LLC (“The Scuttle” or “we” or “us” or “our”).
1. Ability to Use the Services
In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction (defined below) and be at least 18 years of age, or if you have parental consent, at least 13 years of age in all other Authorized Jurisdictions (Minimum Age“). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you are at least 13 years of age and have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant The Scuttle the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, and are not located in an Authorized Jurisdiction, or if you do not agree to all the terms and conditions of this Agreement, you may not use the Services.
2. Authorized Jurisdictions
We make the Services available in the United States of America and its territories (each, an “Authorized Jurisdiction“, and collectively, the “Authorized Jurisdictions“). We may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the Services outside of the Authorized Jurisdictions is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action.
Our Privacy Notice explains our privacy practices in relation to your use of our Services. By using our Services, you have read, understood, and agree to the terms of our Privacy Notice and you agree that we may use your personal information in accordance with the terms of our Privacy Notice. If you have any questions regarding our Privacy Notice, please contact firstname.lastname@example.org.
You agree that you will not use or encourage others to use the Services in a way that could harm or impair others’ use of the Services or in any unlawful manner or for an unlawful purpose. In addition, your access to and use of the Services is conditioned upon the terms set forth herein and the following:
- Ownership by The Scuttle. As between you and The Scuttle, all right, title and interest in the Services (including all copyrights, trademarks and other intellectual property rights) belongs to The Scuttle or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services are proprietary marks of The Scuttle. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
- Your Account Confidentiality, Security and Use. You are solely responsible for maintaining the confidentiality of your Account login credentials (username and password) and the security of your device (including any information stored on that device) and for using appropriate and up-to-date software on your device to detect and manage the threat posed by viruses and other harmful code. You are responsible for all activities that occur under your account, username or password. Sharing of accounts is prohibited.
- Copyright Policy. As between you and us, you will continue to own copyright to the Content (meaning texts, images, graphics, logos, videos, music, documents, contacts, and any other information you choose to upload or otherwise submit to the Services) which you publish on the Services. All compilations and other Content which we author, or which is authored for us, will remain our exclusive property and is protected by U.S. and international copyright law. When you post your Content, you grant us a non-exclusive, transferrable, sublicensable, perpetual, fully paid up, royalty-free and irrevocable worldwide right (but not obligation) to use, archive, stream, copy, distribute, reproduce, publish, display publicly or privately, modify, create derivative works of, and otherwise exploit such Content, in whole and in part.
- Prohibited Uses and Content. You will not use the Services in violation of any applicable laws, rules or regulations. Without limiting the foregoing, you agree and warrant to us that all Content you post shall not be obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. You specifically agree to these policies:
- Private Information. Do not post or distribute your or other people’s personal or confidential information, such as passwords, addresses, telephone numbers, medical information, itineraries, or financial information without their consent.
- Spam. Do not use the Services or its features to spam others. The term “spam” includes, but is not limited to, sending or posting multiple messages within a short timeframe; sending repetitive or duplicative content within a short timeframe; posting unwanted promotional or commercial content; and posting false or misleading content.
- Phishing and Malicious Content. You may not post, link to, or distribute content that is intended to damage or disrupt the Services or another’s computer or consumer electronic device, or to compromise another user’s privacy or account security.
- Impersonation. You may not use the Services or its features to impersonate others in a manner that does or is intended to confuse, mislead, or deceive other users of the Services.
- Sexually Explicit and Pornographic Materials. Do not post or distribute messages or other Content that contains nudity, sexual acts, or sexually explicit materials. Do not post links to pornographic sites or sites that contain pornography.
- Regulated Goods & Services. Do not use the Services or its features to promote regulated goods and services, including alcohol, gambling, pharmaceuticals, health/medical devices, tobacco, fireworks, or firearms/weapons, or other goods and services that are heavily regulated in the United States or in other countries in which The Scuttle operates.
- Hate Speech. Do not post or distribute messages or other Content that promotes hatred or violence toward groups of people based on their race, ethnicity, religion, disability, gender, age, marital status, veteran status, sexual orientation, or gender identity.
- False & Misleading Content. Do not post or distribute Content on the Services or through its features that is intentionally false or is intended to mislead or deceive others.
- Intellectual Property Rights and Rights of Publicity. We respect the intellectual property rights (e.g., copyright, trademark, etc.) of others and we ask that you do the same. Please do not post or distribute Content that violates the intellectual property rights or rights of publicity of others. Under the Digital Millennium Copyright Act, The Scuttle is obligated to remove any allegedly infringing Content should it receive a proper takedown notice from a third party.
- Violence, Illegal Activities, Harassment and Bullying. Do not use the Services or its features to promote or engage in violence, the harming of others, self-harm, or other types of illegal activities, harassment or bullying.
5. Your License to Use the Services
Grant. Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), The Scuttle hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services in an Authorized Jurisdiction, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for sublicense to or use by third parties. You may only access and/or use the Services through the App or intended methods that The Scuttle makes available to you. Any access or use of our Services through an application, service, or method provided by a party other than The Scuttle is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein is strictly prohibited and a violation of this Agreement. The Scuttle may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
Restrictions. Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by The Scuttle; (c) “scrape,” copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise use the Services for a commercial purpose or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without The Scuttle’s prior written consent; (h) provide your username and password used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of The Scuttle to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of The Scuttle or other users of the Services; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
From time to time, we may send you communications to the email address(es) associated with your account(s). These communications may include, but are not limited to, marketing materials, special offers, and account-related or transactional messages. You agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirement that such communications be in writing.
Additionally, our App may, in some circumstances, offer the ability for you to receive push notifications in connection with the App. If you would like to modify your ability to receive push notifications from our App, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of The Scuttle.
The Services may present advertisements for or links to third party websites, products, and/or services (“Third Party Ads“). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Nor will we be liable for any errors in content or omissions in any Third Party Ads, or responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
You agree to defend (at our option), hold harmless, and indemnify The Scuttle and its licensors, suppliers and service providers, and each of their and The Scuttle’s respective officers, directors, members, employees and agents, and any respective successors and assigns (collectively, “the Covered Parties”) from and against from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including but not limited to your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and/or rights of privacy.
9. Disclaimers; Limitation of Liability
- Warranty Disclaimers. THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS. ANY USE OF THE SERVICES WILL BE AT YOUR OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCUTTLE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS OR LIMITS SUCH EXCLUSIONS, THOSE EXCLUSIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED.
- Limitation of Liability. THE COVERED PARTIES’ CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL THE COVERED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED.
10. Dispute Resolution by Binding Arbitration; Class Action Waiver
AGREEMENT TO ARBITRATE (Arbitration Clause). any controversy, claim, or dispute ReLATED IN ANY WAY TO YOUR USE OF THE SERVICES OR arising out of or in any way relating to the agreement or the breach, termination, enforcement, interpretation, or validity of the agreement, including any determination of the scope, enforcement, or applicability of this Arbitration Clause shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award may be enforced in any court of competent jurisdiction. the arbitration shall be conducted in dallas, texas, usa and in no other location, provided that it may be conducted remotely in whole or in part over zoom, microsoft teams, or other recognized service if the arbitrator so determines.
The arbitration shall be conducted before a single arbitrator selected purusant to the AAA’s Rules and a judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction over the parties to this agreement.
By agreeing to arbitration, the parties acknowledge and agree that they are each waiving their right to (I) use any other available resolution processes, such as a court action or administrative proceeding; (II) participate in any class action; and (III) a trial by jury. The agreement is a transaction in interstate commerce; thus, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Clause. This Arbitration Clause shall survive termination of the Agreement, and the provisions of this Arbitration Clause may not be changed or modified in any way without the express written agreement of the parties.
Limitation of Arbitration to Individual Claims; No Class Actions. A Party may bring claims against another Party only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The Parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of purported class or representative proceeding. The arbitrator may award injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim.
Notice of Dispute; Commencement and Rules of Arbitration. A Party who intends to seek arbitration must first send in writing by email to the other Party a written Notice of Dispute that specifically describes the nature and basis of the dispute and the specific relief sought. If the controversy, claim, or dispute is not settled to the mutual satisfaction of the Parties within thirty (30) days after receipt of the Notice of Dispute, the Party sending the Notice of Dispute may commence an arbitration proceeding with the AAA as provided by AAA’s rules in Dallas, Dallas County, Texas. A single arbitrator, selected pursuant to the AAA rules, shall conduct the arbitration proceeding pursuant to AAA’s Commercial Dispute Resolution Procedures, as modified by this Arbitration Clause. Should a Party fail to voluntarily participate in an arbitration proceeding as provided for herein, the Party desiring to proceed with arbitration may seek relief from a court of competent jurisdiction to compel arbitration in accordance with applicable law.
Authority of the Arbitrator. The arbitrator, not a court, shall determine what issues and claims are subject to arbitration pursuant to this arbitration clause. As a condition of The Scuttle entering into this Agreement and providing the Services, however, it is further expressly provided and agreed that the arbitrator does not have authority (i) to render a decision which contains a reversible error of state or federal law, (ii) to apply a cause of action or remedy not expressly provided for under existing state or federal law or which is prohibited under this Agreement including but not limited to any type or amount of relief exceeding the limitations provided in Section 9(b) above (Limitation of Liability), or (iii) to consolidate proceedings of more than one person’s claims or otherwise preside over any form of purported class or representative proceeding. The arbitrator shall award to the prevailing party reasonable and necessary attorney’s fees and recovery of the costs or fees incurred by such party that were assessed against said party by the AAA pursuant to AAA’s rules.
You may terminate your account at any time by notifying us at email@example.com. We reserve the right, but not the responsibility or obligation, to remove and/or edit any Content, or terminate any account at any time for any reason in our sole and absolute discretion, without opportunity to cure or entitlement to any refund. Upon any such termination or suspension, your right to use the Services will immediately cease. If The Scuttle terminates or suspends your use of the Services, you hereby waive any claims against the Covered Parties with respect to such termination or suspension.
12. Applicable Law
You agree that the laws of Texas, without regard to principles of conflicts of laws, will govern these Terms, or any dispute of any sort that might come between you and us, or any of our business partners or associates.
The Scuttle may make changes to these Terms from time to time. The Scuttle may notify you of such changes by any reasonable means, including by posting the revised versions of the Terms. You can determine if such changes have been made by referring to the “Effective Date,” or, if later, the “Last Updated” legend above. Your access to and use of the Services following any changes to this Agreement will constitute your acceptance of those changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such change.
14. Entire Agreement; Severability; No Waiver
This Agreement constitutes the entire agreement regarding your use of and access to the Services, but shall not be construed to, create any partnership, joint venture, employer-employee, agency, franchisor-franchisee, or other special relationship between you and The Scuttle. If any provision of this Agreement is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Scuttle’s failure or delay to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.