Skout Deals., Inc.
Effective May 24, 2016
Welcome to Skout Deals! We’ve developed this app to make it easy for you to find great deals and promotions and save money. Skout Deals helps you find the best deals at nearby locations easily. All Deals are 25% off or more. We hope you enjoy using our app as it was made with much love and passion by deal finders for deal finders.
In these Terms, we refer to campaign owners providing goods and services for compensation as “Merchants.” We refer to advertisements and deals as “Campaigns.” We refer to users buying products and services from such merchants as “Users” For the purposes of these Terms, “Software” shall refer to any and all software that is available on or through the App or otherwise provided by Skout Deals. We refer to “Device(s)” as mobile phones, tablets, readers, netbooks, laptops, and other electronic tools. For clarity, the Software will be deemed as part of the “Services” therein.
The software and transmission of applicable data is subject to United States export controls. No software may be downloaded or otherwise exported or transmitted in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Should you have any questions or concerns about our terms and conditions or would simply better understand how we do things at Skout Deals please do not hesitate to contact us
2. Acceptable and Permitted Use
You may not enter false, fraudulent, obscene, or profane information into any application page or data entry form or page located on or through the App and you represent, warrant, and agree that you will enter only true and accurate information on any page related to or located on the App; you will keep all personal information updated, and you will use the App only in compliance with all applicable laws.
You acknowledge and agree that SKOUT DEALS will cooperate with law enforcement personnel, investigation agencies, and any other government or non-government organization in the event of any potential or alleged violations of any applicable (national and international laws). You acknowledge and agree that SKOUT DEALS may and will investigate allegations of infringement of third-party rights or any other inappropriate use of the App.
3. Opening a Skout Deals Account
You agree to provide us with basic information about you such as your name, gender (optional), email, date of birth, and location. SKOUT DEALS reserves the right to refuse any Services to anyone and to reject, cancel, interrupt, remove or suspend any Services at any time for any reason without liability. In opening a Skout Deals Account, you represent and warrant that you have permission and authorization to do so. You can also register your account through Facebook, or sign up directly with email.
Our service helps Users sign up for deals through our mobile app. While Skout Deals aims to connect merchants with customers, Skout Deals does not accept responsibility in honoring deals Merchants have posted. We are a conduit by which Merchants communicate deals to prospective and existing customers. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Skout Deals.
Skout Deals hereby grants Users a non-exclusive, non-transferable, non-sub licensable right to access and use the Services solely for the purposes of browsing the App, and searching or, viewing, registering for, a deal that is registered on the App, in each case (i) in compliance with these TOS, and (ii) to the extent permitted by all applicable laws. Notwithstanding these Services, you shall not permit anyone to (directly or indirectly) (i) modify, reproduce or otherwise create derivatives of any part of the Services or the App Content; (iii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Skout Deals Software to any third party or use the Skout Deals Software to provide time sharing or similar service for any third party (iv) make any copies of Skout Deals Software(v) reverse engineer, disassemble, decompile, deconstruct, discover the source code or structure of any part of the App or (iv) engage in any activity that interferes with or disrupts the Services (ie: worms, viruses, malware, adware, etc).
5. Our software
Parties are unable to retain data or use data transmitted over the App for any other purposes notwithstanding through the Skout Deals App. Users have no proprietary claim or ownership rights over the Skout Deals App. All data transmitted over the App remains the sole property of Skout Deals.
7. Third Party Links
The App might provide links to third-party websites, not owned by Skout Deals. Skout Deals has no control over and assumes no liability for, the content, privacy policies or practices of any third party website or service.
8. Disclosure of Notice
You agree that Skout Deals can provide disclosure and notice regarding the Service(s) to you by emailing them to the email address which you have provided in your Skout Deals account. Such disclosure and notice shall be considered delivered within 24 hours of the time it is emailed to you.
9. Signing up for a Skout Deals Service Account
Services are only available to Users residing in the United States and Canada. In registering for Services, the term “you” will mean you, the natural person. Upon registration, we collect basic information including your name, birthday, location, gender (optional), and email address.
We may terminate your use of Products and Services on the App at any time without notice for any breach by you of these Terms or any of our applicable policies, as posted on the App from time to time. We may discontinue offering any Products and Services or suspend your account without notice. Termination does not relieve you of your obligations as defined in these Terms.
You may cancel your account by simply uninstalling the App from your Mobile phone.
You agree to defend, indemnify and hold harmless Skout Deals and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use the Service to meet another User in-person or to locate and/or visit any offline place or event.
13. NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, SKOUT DEALS, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKOUT DEALS, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SKOUT DEALS SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SKOUT DEALS OR ANY OTHER USER OF THE SKOUT DEALS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SKOUT DEALS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SKOUT DEALS IS NOT LIABLE FOR ANY DEALS NOT BEING REDEEMED, NOR IS SKOUT DEALS RESPONSIBLE FOR MERCHANTS NOT HONORING DEALS. IF A MERCHANT IS OFFERING A DEAL THAT IS NOT TRULY A 25% SAVINGS DEAL, PLEASE EMAIL SKOUT DEALS AT CONTACT@SKOUTDEALS.COM
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. The Service is controlled and operated from its facilities in Ontario, Canada. Those who access the App are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Any claim arising out of or relating to these Terms or the provision of Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. in the United States. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skout Deals without restriction.
17. Waiver; Invalid Provisions
19. Trademark Information
The trademarks, service marks, and logos of Skout Deals used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Skout Deals. The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Skout Deals. Use of any trademarks, any other piece of intellectual property, as part of a link to or from the App is prohibited unless Skout Deals approves the establishment of such a link by prior written consent.
If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.