WEBSITE TERMS OF USE
USER’S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
Hazard Scout, LLC, an Oklahoma limited liability company d/b/a iScout (“iScout,” “we,” “us,” or “our”)
welcomes you. We invite you to access and use our website (the “Website”).
We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use,
which may be updated by us from time to time without notice to you. By browsing the public areas or by
accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound
by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this
“Agreement”). If you do not agree to any of these terms, then please do not use the Website.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through
our Website, is agreeing to the terms of this Agreement and any accompanying agreement related to your
purchase of our product and services, including without limitation that certain Subscription Agreement each
Registered User will be required to execute prior to purchasing our products and services. In the event there is a
conflict between these Terms of Use and the Subscription Agreement, the terms of the Subscription Agreement
shall govern and control.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
DESCRIPTION AND USE OF OUR WEBSITE
We provide Visitors and Registered Users with access to the Services as described below.
Visitors: Visitors are people who do not register with us, but want to browse the Website. No login is required for
Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) email us.
Registered Users: Registered Users can do all the things that Visitors can do, and, amongst other things: (i)
purchase products and services through our Website; (ii) access exclusive content available only to Registered
Users; and (iii) create, access, manage, and update their own personal accounts on the Website.
We are under no obligation to accept any individual as a Registered User and may accept or reject any registration
in our sole and complete discretion. In addition, we may deactivate any account at any time, including, without
limitation, if we determine that a Registered User has violated these Terms of Use.
GUIDELINES FOR WEBSITE USE
By accessing and/or using the Website, you agree to comply with these guidelines (the “Guidelines”) and that:
You will comply with all applicable laws in your use of the Website and will not use the Website for any
unlawful purpose;
You will not upload, post, email, transmit, or otherwise make available any content that:
o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or
entity; or
o is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s
privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group
based on race or ethnic origin, religion, disability, gender, age, and/or veteran status); or
o discloses any sensitive information about another person, including that person’s email address,
postal address, phone number, credit card information, or any similar information.
You will not “stalk,” threaten, or otherwise harass another person;
You will not spam or use the Website to engage in any commercial activities;
You will not access or use the Website to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation
with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Website through the use of
any virus, device, information collection or transmission mechanism, software or routine, or access or
attempt to gain access to any data, files, or passwords related to the Website through hacking, password or
data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features
(e.g., report abuse button) on the Website;
You will not use any robot, spider, scraper, or other automated means to access the Website for any
purpose without our express written permission; provided, however, we grant the operators of public
search engines permission to use spiders to copy materials from the public portions of the Website for the
sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the
materials, but not caches or archives of such materials;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our technical infrastructure; and
You will let us know about inappropriate content of which you become aware. If you find something that
violates our Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the
Website, without notice, and to remove any content that does not adhere to these Guidelines.
AGE RESTRICTIONS
The Website is only available for individuals aged 18 years or older. If you are 18 or older, but under the age of
majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that
you and your parent or guardian understand it.
SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a
sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will
assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your
account, you must provide true, accurate, current, and complete information. Each Sign-In Name and
corresponding Password can be used by only one Registered User, and sharing your access credentials with others
(especially if they are using your credentials to access our proprietary Content (as defined below)) is a material
breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name,
Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website
using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name,
or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or
Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused
by such action. iScout will not be liable for any loss or damage caused by any unauthorized use of your account.
FEES AND PAYMENT
As consideration for any purchase you make on the Website, you shall pay all applicable fees and taxes. We (or
our third-party payment processor) shall authorize your credit card, bank account, or other approved payment
facility you provided during the registration process for the full payment of the fees and any applicable taxes, and
you hereby consent to the same. All payments will be charged and made in U.S. dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update
all billing information (such as billing address, card number, and expiration date) to keep your account current,
complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become
aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name
or Password). You hereby authorize iScout to obtain or determine updated or replacement expiration dates for
your credit card in the event that the credit card you provided us expires. We reserve the right to charge any
renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card
issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including
attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may
charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to
check with your bank and credit card issuer for details.
INTELLECTUAL PROPERTY
The Website contains material, such as photographs, software, text, graphics, images, sound recordings, videos,
and other material provided by or on behalf of iScout (collectively referred to as the “Content”). The Content may
be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized
use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users,
who have purchased any product or service, may download onto their own machines and view any Content
contained in such purchased product or service for their own personal, non-commercial use. Other than as
expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other
than your own Registered User Content that you post to the Website), and you will not use the Content except as
permitted under this Agreement. No other use is permitted without the prior written consent of iScout. iScout
retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain
all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign,
license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of,
distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of
the Content on any other website, social media page, or in a networked computer environment for any purpose is
expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website
automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of iScout (the “iScout Trademarks”) used and displayed on the Website
are registered and unregistered trademarks or service marks of iScout. Other company, product, and service names
located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and,
collectively with iScout Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written
permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited
unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use
of iScout Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal
laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of
framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and
every instance.
COMMUNICATIONS WITH US
Although we encourage you to email us, we do not want you to, and you should not, email us any content that
contains confidential information. With respect to all emails and communications you send to us, including, but
not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas,
concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but
not limited to, the development, production, and marketing of products and services that incorporate such
information without compensation or attribution to you.
NO WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, PRODUCT, SERVICES, AND THE CONTENT PROVIDED BY ISCOUT ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS
SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT
TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER
CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN
RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE
WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS
REQUIRED BY APPLICABLE LAWS.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR
OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY
SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. THE
WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF
WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON
THE WEBSITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE
IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR
IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
EXTERNAL SITES
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a
convenience to you and not as an endorsement by us of the content on such External Sites. The content of such
External Sites is developed and provided by others. You should contact the site administrator or webmaster for
those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding
the content or accuracy of materials on such External Sites. You should take precautions when downloading files
from all websites to protect your computer from viruses and other destructive programs. If you decide to access
linked External Sites, you do so at your own risk.
REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
(a) If you are a Registered User, you hereby represent, warrant, and covenant that:
You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret,
copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and
any other works that you incorporate into your Registered User Content, and all the rights necessary to
grant the licenses and permissions you grant hereunder;
Use of your Registered User in the manners contemplated in this Agreement shall not violate or
misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party;
and
You shall not submit to the Website any Registered User Content that violates our Guidelines set forth
above or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our officers, members, directors, employees, agents,
successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims,
actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting
from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Website; and/or
(iii) your violation of any third-party rights, including without limitation any copyright, trademark, property,
publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the
exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section.
In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Content may be
downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the
Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United
States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all
or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to
change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
DIGITAL MILLENNIUM COPYRIGHT ACT
iScout respects the intellectual property rights of others and attempts to comply with all relevant laws. We will
review all claims of copyright infringement received and remove any Content deemed to have been posted or
distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification
of Claimed Infringement which may be given under that Act is as follows:
Hazard Scout, LLC d/b/a iScout
765 Asp Avenue, Box #204
Norman, OK 73069
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement,
please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of
the copyrighted work that has been infringed and the specific location on the Website where such work is located;
(ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address,
telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of
perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the
person authorized to act on behalf of the owner of the copyright interest.
CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of Oklahoma without
regard to its conflict of laws provisions.
MISCELLANEOUS
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE WEBSITE, THE CONTENT, OR THIS AGREEMENT MUST BE
COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES,
OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction or terminated in accordance with the
Termination provision above, the invalidity or termination of such provision shall not affect the validity of the
following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until
you pay all fees and taxes due hereunder),
“Intellectual Property,”
“Registered User Content; Licenses,”
“Communications with Us,”
“No Warranties; Limitation of Liability,”
“Representations; Warranties; and
Indemnification,” “Termination of the Agreement,” “Controlling Law,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that
provision or any other provision in this Agreement. No waiver shall be effective against us unless made in
writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as
expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us
with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or
oral, between the parties with respect to the subject matter. The section headings are provided merely for
convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors,
assigns, licensees, and sublicensees.