Effective Date: August 28th, 2013
ACCEPTANCE OF TERMS AND CONDITIONS
Through this website and its mobile applications and microsites, ScoutIt, Inc., operator of the Shoparoo, Receipt Hog, and InfoScout services, provides access to software and services (collectively, the "Service") that allow Customers (defined below) to provide and use information for market research purposes. The Service may also include other information and interactivity, such as information and advertising from Clients, and the ability to post comments and participate in discussions. In these Terms of Service, "Customer", "user" or "you" means any person using the Service, whether by browsing ScoutIt, Inc. websites or mobile apps or participating in any other activities available through the Service.
These Terms of Service (the "Terms of Service" or "Agreement") sets forth the terms and conditions that apply to the use of this website on which ScoutIt, Inc. provides the Service to Customers. READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), BY INDICATING ACCEPTANCE OF THIS AGREEMENT, ENGAGE IN A SCOUTIT, INC. OPERATED REWARDS PROGRAM, OR OTHERWISE USING THE SERVICES, OR BY DOWNLOADING THE SCOUTIT, INC. APPLICATION, YOU ARE ENTERING INTO THIS AGREEMENT WITH SCOUTIT, INC. AND AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE HEREOF. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you may not use the Service or this website, or download or use ScoutIt, Inc. applications. Void where prohibited.
In order to use the Service, you must create an account and register with us ("Account"). If you register as a Customer or otherwise use the Service, you represent and warrant to ScoutIt, Inc. that: (i) you are of legal age to form a binding contract; (ii) you will provide ScoutIt, Inc. with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) all such registrations use an actual email address owned and operated by you. ScoutIt, Inc. reserves the right to suspend or terminate your registration, or your access to the Service, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Service under it. You shall not share your password nor use the Service through using the registration of any third party. Your registration, and this Agreement, is personal to you, and is not transferable by you to any third party without the prior written consent of ScoutIt, Inc.
You further represent that you will create and/or use only one Account, and are thereby entitled to the benefits of only one ScoutIt, Inc. membership when using the Service or Reward Program(s). Any creation of additional Account(s) shall be considered a violation of this Agreement. Any such violations may result in fees and penalties as deemed appropriate by ScoutIt, Inc. to rectify such resulting fraudulent use, including immediate termination of your ScoutIt, Inc. account(s). By registering for ScoutIt, Inc., you hereby agree to all fees and penalties that may be applied to your Account in the event ScoutIt, Inc. deems your use of the Service as a violation of this Agreement, or in any way against the intended purpose or interest of the Service or any Rewards Program(s). In the event such violations cannot be rectified by fees and penalties (as determined by ScoutIt, Inc.), or in the event you attempt to register additional Account(s) once your Account has been terminated, ScoutIt, Inc. shall be entitled to collect treble damages associated with each violation. You agree to said liquidated damages and shall not contest such figure in any arbitration proceeding (as addressed in Section 13).
Use of ScoutIt, Inc. Services is limited to users who are at least 18 years old, although if you are 13 or more, but not yet 18, you may use this website if your parent or legal guardian agrees to this Agreement on your behalf. Use of the Service is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to use this website, register as a Customer or send personal information to ScoutIt, Inc.
3. Proprietary Materials and Ownership.
The Service and the ScoutIt, Inc. website and online application are the property of ScoutIt, Inc. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in the ScoutIt, Inc. website or mobile application or otherwise used by ScoutIt, Inc. to deliver the Service ("Software"), is proprietary to us or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks "Shoparoo" "Receipt Hog" "InfoScout" and their respective logos are registered or unregistered trademarks of ScoutIt, Inc., and they may not be used in connection with any service or products other than those provided by ScoutIt, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ScoutIt, Inc. The Service also features the trademarks, service marks, and logos of Clients and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
4. License to Use the Service.
Subject to your payment of any applicable fees, ScoutIt, Inc. authorizes you to access, view and use the Site Content and Software (collectively, the "ScoutIt, Inc. Property") solely to the extent necessary for you to use the Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the ScoutIt, Inc. Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the ScoutIt, Inc. Property, or any portion of the ScoutIt, Inc. Property, is strictly prohibited without the prior written permission of ScoutIt, Inc.
You agree, and represent and warrant, that your use of the Service and the ScoutIt, Inc. Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the ScoutIt, Inc. Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Terms of the Service
5.1 A reward account will be opened for you automatically on registration within the Shoparoo app. Your reward account status can be checked on-line at any time from within the Shoparoo app.
5.2 You will be asked to designate a beneficiary (e.g., school or charity) for any Roo Points that you accrue through the Shoparoo app. You may change your designated beneficiary at any time from within the Shoparoo app, however, any Roo Points previously accrued shall be considered donated to the cause you had designated at the time of their granting and your account's Roo Point balance for your new cause will be reset to zero.
5.3 Individuals may only open one Shoparoo account per household. Attempts by a single person to open multiple accounts for the same household may result in suspension of all their accounts and awards.
5.4 You may not earn Roo Points or other rewards in Shoparoo once you set-up a Receipt Hog, Receipt Lottery or Receipt Bin account. You must choose to participate in one program only.
5.5 Award redemptions must be made within the Shoparoo app. You may be asked to confirm and enter some information about yourself and your household in order to redeem Awards.
5.6 Shoparoo Roo Points, status and other Awards will be rewarded as described within the app.
5.7 Receipt images uploaded through the app must legibly include the retailer name, all individual items purchased and their prices, the total amount paid and transaction date. If any of this receipt information is illegible, or if no grocery-related items are listed on the receipt, your receipt may not earn Awards.
5.8 Receipt images must be uploaded within 14-days of the in-store transaction to be eligible for Awards. The same receipt may not be uploaded more than once. Up to 3 receipts per retailer per transaction date may be eligible for rewards. A maximum number of twenty receipts may be eligible over a 7 day rolling period. You may only submit real, unmodified receipts for shopping trips made by members of the household's account.
5.9 Receipts must be for purchases at stores that sell grocery products as a primary line of business, including: supercenters, grocers, clubs, drug, dollar, pet supply, beauty supply & convenience stores. Apparel, services and gas-only receipts, for example, are not currently eligible unless stated otherwise within the Shoparoo app. When in doubt submit the receipt.
5.10 If you have any questions related to your Awards, Account or the Shoparoo app, you may use the feedback feature within the app to contact us.
5.11 Shoparoo and its parent company, ScoutIt Inc., reserve the right to change the Rewards Program and Award redemption options and will notify you of changes from within the Shoparoo app with at least a 14-day notice.
5.12 The minimum donation amount to a beneficiary is 25,000 Roo Points (currently $50). Any designated beneficiaries (e.g., school or charity) with a balance less than 25,000 Roo Points as of July 31st shall simply keep all Roo Points earned and have them carry over into the next donation year running from August 1st through July 31st. Any Roo Points carried over from one donation year to the next shall be forfeited if the minimum donation amount has not been reached by the end of the donation year the Roo Points carried forward into.
5.13 All beneficiaries with Account balances greater than 25,000 Roo Points as of midnight Pacific Time on July 31st, shall receive a donation check in August for the corresponding dollar value of their entire Roo Point balance (currently set to exchange at $1 per 500 Roo Points).
5.14 ScoutIt Inc. reserves the right to decide who may use the Shoparoo app.
5.15 ScoutIt Inc. may freeze or eliminate your Shoparoo Account after three consecutive months of inactivity. This will be at ScoutIt Inc.'s discretion.
5.16 ScoutIt Inc. may freeze or eliminate your Shoparoo Account if fraudulent activity is suspected and/or if receipts submitted are not the direct result of your shopping activity. Specifically, you may NOT submit receipts resulting from shopping trips that you were not a part of or that have been modified in any way.
6. Sweepstakes, Contests & Promotions.
Any sweepstakes, contests or other promotions (collectively, "Promotions") that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of Submissions, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the Rewards Program Sponsor(s) identified therein.
7. Third Party Websites.
The ScoutIt, Inc. website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by ScoutIt, Inc. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. Ideas Submitted to ScoutIt, Inc.
ScoutIt, Inc. is pleased to hear from you and welcomes your comments about the Service. If you submit ideas or suggestions for the Service ("Service Comments"), the Service Comments will be deemed, and will remain, the sole property of ScoutIt, Inc. None of the Service Comments will be subject to any obligation of confidence on the part of ScoutIt, Inc., and ScoutIt, Inc. will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, ScoutIt, Inc. will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
9. Warranty Exclusions and Limitations of Liability.
ScoutIt, Inc. does not warrant that the Service or ScoutIt, Inc. Property will operate error-free or without downtime. ScoutIt, Inc. may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service. Because we do not control the security of the Internet, or other networks you use to access the microsite, ScoutIt, Inc. is not responsible for the security of information that you choose to communicate with ScoutIt, Inc. and the microsite while it is being transmitted. Additionally, ScoutIt, Inc. is not responsible for any data lost during transmission. Customer's sole and exclusive remedy, and ScoutIt, Inc.'s sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at ScoutIt, Inc.'s option) to remedy the failure or to give a credit to the Customer the amount owed as an Award under a Rewards Program. (Individual Customer contracts with ScoutIt, Inc. may include remedy terms which supersede those listed above.)
SCOUTIT, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND SCOUTIT, INC. PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR SCOUTIT, INC. PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE SCOUTIT, INC. PROPERTY. No advice or information, whether oral or written, obtained by you from ScoutIt, Inc. or through the Service will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SCOUTIT, INC. ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR SCOUTIT, INC. PROPERTY, EVEN IF SCOUTIT, INC. HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SCOUTIT, INC.'S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF THE AMOUNT OWED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Digital Millennium Copyright Act.
Company complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services, you may contact our Designated Agent at the following address:
322 Ritch St.
San Francisco, CA 94107
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
1. a physical or electronic signature of the subscriber;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties. If a matter arises that cannot be resolved between you and ScoutIt, Inc. with reasonable effort, you agree that all such disagreements or disputes that in any way involves the Program or this Agreement shall be resolved exclusively by final and binding administration by the American Arbitration Association ("AAA"), and will be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA. You agree that the arbitration shall be held in California, or at any other location that is mutually agreed upon by You and ScoutIt, Inc. You agree that the arbiter will apply the laws of the State of California consistent with the Federal Arbitration Act, and will honor and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between You and ScoutIt, Inc. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid.
13. Suspension; Modifications and Termination.
ScoutIt, Inc. reserves the right to suspend your password and/or access to the Service at any time if it believes you are in breach of this Agreement. ScoutIt, Inc. reserves the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time, with or without notice to you. Any such termination will not affect any Incentives you have earned prior to termination. If you earn an Incentive or use the Service, you shall be bound by the version of the Agreement in effect at the time of your purchase. If we make changes that materially affect your use of the Program or Services, we will post a notice of the change on the ScoutIt, Inc. website. You are under an obligation to review the current version of this Agreement and other published ScoutIt, Inc. policies before using the Service. Sections 2, 3, 5, 7-12, 14 and 15, any accrued rights and remedies hereunder, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
14. Force MajeureIn no event shall ScoutIt, Inc. be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside ScoutIt, Inc.'s reasonable control.
15. Third Party BeneficiariesThe provisions of this Agreement are entered into for the benefit of ScoutIt, Inc. and its third party licensors and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
16. Miscellaneous Provisions.No delay or omission by ScoutIt, Inc. in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by ScoutIt, Inc. of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with whom ScoutIt, Inc. has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and ScoutIt, Inc. regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes in writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. You agree to act in a way that complies with the letter and spirit of this Agreement and the terms of any Loyalty Program, and you understand that failure to do so can result in your immediate deletion of your ScoutIt, Inc. account.
17. Choice of Law.
Any disputes arising out of or related to this Agreement and/or the Program shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision in Section 11 shall be governed by the Federal Arbitration Act.