CUB SCOUT TRACKER TERMS OF SERVICE
BY ACCEPTING, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“THE AGREEMENT”) GOVERNING YOUR USE OF CUB SCOUT TRACKER’S ONLINE SERVICE. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ORGANIZATION. IF YOU DO NOT HAVE THE AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR SERVICE.
1. Acceptance of Terms
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that.
The Services are provided subject to this Agreement, as it may be amended by Cub Scout Tracker, and any guidelines, rules or operating policies that Cub Scout Tracker may establish and post from time to time.
You will provide true, accurate, current, and complete information about yourself and / or organization as requested in the registration form. You are responsible for maintaining the security or your account, passwords, and files.
4. Privacy & Security Disclosure
Cub Scout Tracker’s privacy and security policies may be viewed by clicking on the “Privacy Statement” hyperlink located at the bottom of our Web pages. Cub Scout Tracker reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Cub Scout Tracker may occasionally contact you and other users of the Service of important announcements regarding the operation of the Service.
Cub Scout Tracker will not use your user list or any other user information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties unless required by law.
To use the Service, you must register and provide certain information, including a first and last name, a password, a valid email address, and specific unit information about your Pack, Troop, or Crew (the “Registration Information”). You agree to provide accurate Registration Information and to keep it accurate. You agree that you will not allow others to use your user name, password and/or account and you are solely responsible for maintaining the security and confidentiality of your account. You must also agree to notify Cub Scout Tracker of any unauthorized use of your account by contacting firstname.lastname@example.org. Cub Scout Tracker shall not be responsible for any losses arising out of the unauthorized use of your user name, password and/or account and you agree to indemnify and hold harmless Cub Scout Tracker, its partners, and parent subsidiaries, for any inappropriate, unauthorized or illegal uses of the service. By using the Service, you represent and warrant that you are 13 years of age or older and that your use of the Service shall not violate any applicable law or regulation. Your access to the Service may be terminated at any time and without warning.
6. Cub Scout Tracker’s Intellectual Property Rights.
You acknowledge that Cub Scout Tracker owns all right, title and interest in and to the Service including without limitation all intellectual property rights (“Cub Scout Tracker Rights”), and are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, reverse engineer, alter, modify, or create derivative works from the Service. Cub Scout Tracker rights include rights to (i) the Service development and provided by Cub Scout Tracker; (ii) all software associated with the Service. The Cub Scout Tracker Rights do not include third-party content uses as part of the Service, including the content of communications appearing on the Service.
7. Your Intellectual Property Rights.
Cub Scout Tracker does not claim any ownership in any of the content, including any text, data, information, images, photographs, or other material, that you upload, store, or transmit through Cub Scout Tracker. We will not use any of your content for any purpose except to provide you with the Service.
As consideration for using the Service, you agree and understand that Cub Scout Tracker may display ads in reserved sections of your website. Cub Scout Tracker ensures all advertising is 100% appropriate for members. No personal information including addresses, phone, and email is ever shared with advertising sponsors.
9. Unit Inactivity
After a period of inactivity, Cub Scout Tracker reserves the right to disable or delete unit accounts.
10. Termination; Cancellation.
You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to support@CubScoutTracker.com. Cub Scout Tracker may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system or system backups.
You agree to hold harmless and indemnify Cub Scout Tracker, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, 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, Cub Scout Tracker will provide you with written notice of such claim, suit or action.
12. Warranty Disclaimer; Remedies
USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CUB SCOUT TRACKER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND CUB SCOUT TRACKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICES SHALL BE FOR CUB SCOUT TRACKER TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
13. Internet Delays
Cub Scout Tracker services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communication. Cub Scout Tracker is not responsible for any delays, delivery failures, or other damage resulting from such problems.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CUB SCOUT TRACKER OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “CUB SCOUT TRACKER”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CUB SCOUT TRACKER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY AND OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, CUB SCOUT TRACKER IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF CUB SCOUT TRACKER TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
15. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
16. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.