Términos y Condiciones
Terms and Conditions of Use
Effective as of December 08th, 2019
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AND COMPLETELY BEFORE USING OUR SERVICES. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ON YOUR RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND MANDATORY ARBITRATION. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.
OUR SERVICES ARE DIRECTED TO, OR INTENDED FOR ALL AGES. Any minors that use the resources or services of ScoutChamps, LLC must be with and through an adult parent or legal guardian. Using these services, you acknowledge, assent and agree that you are above the legal age or are using these services with your parent´s or legal guardian consent in your respective country and or location or doing so though an adult parent or guardian.
When you register on or through our Services to participate in or receive various services offered by ScoutChamps. Users can register as an athlete, parent or Scout (Team Coaches (either professional, youth level or collegiate), Sports Directors and/or Sponsors of different brands). You understand that that the services offered may vary. ScoutChamps reserves the right to at any time to add, remove or alter any services without notice. ScoutChamps also reserves the right to block and/or delete any account due to bad use of the services (inappropriate content) or if the account is without use for 6 months or more. While your use of our Services is subject to the Terms and Conditions, other services offered by ScoutChamps may be subject to additional terms and conditions.
By registering for ScoutChamps Services, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current. Information includes name, email address, mailing address, phone number and any other information that ScoutChamps deem necessary to servicing your account. You also agree that 100% of the information uploaded is at your sole responsibility.
ScoutChamps does not guarantee Partial/Full athletics scholarships or professional contracts when registering through our free or premium services.
AMATEUR V.S. PROFESSIONAL
USERS will be directed into uses of our services for either amateur or professional uses. It is the sole responsibility of the User registering and maintaining the account to delineate the athlete as either and amateur seeking university or other amateur involvement or professional. It is not the responsibility of ScoutChamps LLC to delineate whether an athlete is an amateur or professional. ScoutChamps is not responsible in any way for any potential repercussions or liability with mischaracterizing and athlete and the User takes full responsibility as to their designation of the said athlete as an amateur or professional. ScoutChamps does not warrant or assume any responsibility as to the designation of an athlete as a professional or amateur or what is required as either at any venue, jurisdiction or league, such as university, professional league, Olympic requirements, etc.
Users are required to create a username and password for the use of ScoutChamps services. The creation, protection and confidentially of usernames and passwords are at the sole responsibility of the Users. Any use or misuse of user accounts by either authorized or unauthorized users are the sole responsibly of the registered holder of the accounts. Any known or discovered unauthorized and or misuse of an account must be immediately reported to ScoutChamps. Failure to report to ScoutChamps any unauthorized use or misuse of an account may be considered a breach of the terms and conditions and may result in suspension of an account and or banning from ScoutChamps.
USE OF OUR SERVICES
You agree that you will not:
Use ScoutChamps’s Services in any way that may lead to the encouragement, furtherance, promotion procurement or carrying out of any criminal or otherwise illegal activity.
You further agree, acknowledge and assent that ScoutChamps shall not be used by you in order to violate any applicable law and use of any services provided by ScoutChamps will be solely for a legal purpose.
You also agree that your use of ScoutChamps is not for the obtaining, collection, mining of personal or proprietary information or documentation or materials for sale or use of unauthorized third party. Are to use any information or data for ScoutChamps for uses beyond the intended personal or commercial or non-commercial purposed delineated herein.
Users agree, acknowledge and assent ScoutChamps Services shall not be used to transmit inappropriate and or illegal data or malware such as: computer viruses, chain letters, junk mail, “spam” or bulk communications of any kind or impersonate real or fictitious persons for any reason whether legal or illegally including but not limited to athletes, scouts, coaches, university, team employees or employees or agents of ScoutChamps.
Users agree, acknowledge and assent that the use of ScoutChamps is solely for the intended used and not to share. disseminate, post, submit, transmit, share host and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Users agree, acknowledge and assent that the use of ScoutChamps is not to share. disseminate, post, submit, transmit, share host and/or publish material that is in violation of any copyright, patent or trademark or in violation of any privacy or proprietary rights. Use of any such material will require written permission from the legal owner granting rights or a license for use and expressed consent releasing ScoutChamps from any liability if its use.
Users agree, acknowledge and assent that they are to protect the integrity of the information held by ScoutChamps and by no way shall users penetrate or attempt to penetrate the security protecting our Services, including without limitation by hacking, password “mining” or any other means beyond the access granted with the normal used account. Users also agree to not inhibit, disrupt or impede the function of our services by any means and any knowledge of breaches shall be immediately reported to ScoutChamps.
ScoutChamps does not guarantee Partial/Full athletics scholarships or professional contracts when registering through our free or premium services.
MATERIALS SUBMITTED TO SCOUTCHAMPS
Our Services may allow you to share disseminate, post, submit, transmit, share host and/or publish material and information, including biographical information, videos, photographs, and other materials (collectively, “User Materials”). Users are solely responsible for the materials and User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services.
Users agree, acknowledge assent and warrant through use of ScoutChamps services sharing, posting, transmitting, disseminating, hosting or publishing materials and or information that you own or own the right to full use of said materials or information for said purposes. These warranties include the right of copyright and or trademark usage in such sufficient interest in writing to allow full usage for the services provided by ScoutChamps that they do not violate or infringe on the rights of any copyright or trademark holder or to any third Party´s rights.
You hereby grant to ScoutChamps and its employees, agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, associates, partners and those acting with authority of the foregoing (collectively, “ScoutChamps”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sub-licensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the ScoutChamps Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the ScoutChamps Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the ScoutChamps Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys’ fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
User acknowledges, agrees and assents that ScoutChamps reserves the right to display materials, images, video and advertisements in relation to materials provided by User, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You further acknowledge, agree and assent that ScoutChamps has the right, in our sole discretion, to prescreen, pre-approve, reject refuse, rescind and/or remove from our Services, without prior notice, any User Materials for any reason or no reason at, including without limitation Materials that violate the Terms and Conditions.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
It is of the upmost importance to ScoutChamps to respect the legitimate intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our Services, including without limitation User Materials, in accordance with the Digital Millennium Copyright Act (the “DMCA”).
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides Copyright owners with a recourse for material on the Internet infringes their rights under U.S. copyright law. Parties who in good faith belief that their copyrighted materials are being found on a website or application infringing on their interest may send ScoutChamps If you believe in good faith that materials appearing on our website or mobile application (collectively, the "Service") infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. This notice must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. We will need direct URLs to the content/image(s) being referenced. If URLs are not available, we will need screenshots.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.
In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Copyright owner’s, or an agent of a copyright owner or Assigns of a copyright owners, who believe that any content or materials on ScoutChamps, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA agent with the following information in writing as follows:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
See 17 U.S.C. §512(c)(3)
ScoutChamps’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Attn: DMCA Notice
Address: 7071 SW 158th ct Miami, Florida 33193
NOTICES PURSUANT TO THE DMCA ONLY should be directed to ScoutChamps’s DMCA agent.
For all other inquiries about our Services or the Terms and Conditions should be directed to ScoutChamps as provided at the end of the Terms and Conditions.
If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actual copyright owner or the owner’s agent and/or because you have the right to use the User Materials under applicable law, you may send a written counter notification to ScoutChamps’s DMCA agent with the following information:
(B) 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.
(C) A statement under penalty of perjury that the subscriber has 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.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
See 17 U.S.C. §512(g)(3)
Proper U.S. Federal Jurisdiction for ScoutChamps, LLC shall be the Southern District of Florida.
All valid notifications if the DMCA received by ScoutChamps will be reviewed and notification shall be provided to the reporting and allege offending party. ScoutChamps will require \ ten (10) days to review a complaint under the DMCA and up to fifteen (15) days to remove offending material.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our Services, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our Services, and the software comprising and/or embodying the foregoing (collectively, the “ScoutChamps Content”), are owned, controlled or licensed by or to ScoutChamps, and are protected under applicable intellectual property laws, including without limitation copyright, trade adress, trademark and/or patent laws. Your use of our Services gives you no ownership rights in the ScoutChamps Content.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our Services or the ScoutChamps Content except as follows: (i) you may download the ScoutChamps Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our Services and the associated ScoutChamps Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way.
TERMINATION OF YOUR RIGHT TO USE OUR SERVICES
ScoutChamps reserves the right to restrict, limit, suspend and/or terminate Users access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, ScoutChamps reserves the right to terminate your account and or any subsequent accounts held by you if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.
PRODUCTS AND SERVICES OFFERED BY SCOUTCHAMPS
ScoutChamps may offer products and services on or through our Services, including those supplied and/or operated by third parties. Registration and enrollment for such products or services, requires acknowledgment, assent and acceptance of the specific agreement(s) applicable to such products or services. Use of any aforementioned products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our Services, the Terms and Conditions also will apply.
LINKS TO OTHER WEBSITES AND THIRD PARTY MATERIAL
Use of ScoutChamps may provide links to other resources and or websites, such as private advertisers and other third parties period. These links are provided solely as a convenience and benefit to users and are not under the control or direction of ScouChamps. ScoutChamps providing a link to third party material shall not be construed as being an endorsement by ScoutChamps of the content, services or products provided by these Third party link. ScoutChamps provides there are no guarantees or warranties provided on the accuracy or validity of the products and services provided by any third party. ScoutChamps makes no representations as to the content of these websites and are not responsible for any liability arising from their use or their resources. Use of such sites is in the sole discretion of the user and the user accepts all risk and liability from their use or their resources.
THIRD PARTY ADVERTISING ON OUR SERVICES
ScoutChamps does not recommend, endorse or guarantee any third party products or services advertised on our sites or any third parties sponsoring parts of our Services Unless stated explicitly. Has Use of any 3rd party services and or advertisers will be the sole responsibility of the user end of the 3rd party provider. Any services, promotions, guarantees and all dealings with 3rd party providers and or advertisers will be subject to whatever terms and conditions, warranties, or representations made by the Third party. Statements and or claims made by 3rd parties would not be construed as being made by or endorsed by ScoutChamps. Any loss, breach, payment or representations, made during dealings with third parties are not the responsibility of ScoutChamps and ScoutChamps will have no liability as to any incurred losses.
DISCLAIMER OF WARRANTIES
USER AGREES THAT YOUR USE OF SCOUTCHAMPS SERVICES, MATERIALS AND PRODUCTS ARE ENTIRELY YOUR OWN RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION, INCLUDING, BUT NOT LIMITED TO DATA, TEXT, GRAPHICS, VIDEOS LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH SCOUTCHAMPS SERVICES, PRODUCTS AND AFFILIATES INCLUDED THEREIN ARE PROVIDED “AS IS,”, “AS PROVIDED,” “WITH ALL FAULTS,” “AS AVAILABLE,” WITH NO WARRANTIES OR REPRESENTATIONS. SCOUTCHAMPS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED AND ANY WARRANTIES PROVIDED BY STATUTE, CODE OR APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCOUT CHAMPS FURTHER DISCLAIMS ANY WARRANTY FOR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR TITLE OR FREEDOM FROM COMPUTER VIRUSES.
SCOUTCHAMPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY OF INFORMATION OR RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. SCOUTCHAMPS DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SCOUTCHAMPS EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. SCOUTCHAMPS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SERVICES. SCOUTCHAMPS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY USER MATERIALS POSTED ON OR THROUGH THE SERVICES OR TRANSMITTED TO USERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. SCOUTCHAMPS TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR WEBSITES PROVIDED BY ITS ADVERTISERS. SCOUTCHAMPS DOES NOT WARRANT USE OF DATA OR METRICS PROVIDED FOR ANY PURPOSE AND USE OF SAID DATA IS SOLELY AT THE RISK AND DESCRETION OF THE USER OR USERS AGENTS AND/OR REPRRESENTATIVES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT THE SOLE RISK OF THE USER. SCOUTCHAMPS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. SCOUTCHAMPS IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICES, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICES.
SCOUTCHAMPS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL SCOUTCHAMPS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER OR NOT SCOUTCHAMPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THE SERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UNDER NO CIRCUMSTANCES SHALL ScoutChamps BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
The Terms and Conditions shall be governed by and construed under the law of the State of Florida, without regard to conflicts of laws rules. You agree that the courts of Florida shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Miami-Dade County Florida.
All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Florida, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Miami-Dade, Florida before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice in Florida. No Party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR SERVICES
Users Pause of disruption of services and the functionality of our products the offending user agrees to be responsible for any costs or losses or liabilities to ScoutChamps that may arise from such disruption. Offending user agrees to be responsible for any such costs and or liabilities including but not limited to attorney’s fees and costs arising from the same, no matter the jurisdiction law or vendor.
If you cause a technical disruption of our Services or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses ScoutChamps may suffer and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.
You agree to compensate, indemnify, defend, and hold harmless ScoutChamps, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our Services or any violation of the Terms and Conditions.
Each provision of the Terms and Conditions shall be construed separately and independently of each other and if any portion is found to be invalid is shall not affect the validity of any other part of the Terms and Conditions.
Failure to insist upon strict compliance and/or strict performance of any of the Terms and Conditions of this Agreement shall not be deemed a waiver of default, covenant, or condition. Any failure of performance shall not in any way waive any rights to enforce subsequently any terms or conditions of the Terms and Conditions or to act with respect to similar breaches.
A waiver of any provision of this Agreement must be made in writing, designated as a waiver, and signed by the Party against whom its enforcement is sought. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of such right or power at any other time or times.
Failure to require will not operate as a waiver of any subsequent.
ScoutChamps reserve the right to change, suspend, merge, terminate and/or discontinue, at any time, any aspect or feature of our Services, including User´s profile without limitation materials, products, content, hours of availability, third party resources and equipment needed for access or use. We also reserve the right to change or modify or amend, replace the Terms and Conditions for use of ScoutChamps Services, or any part thereof, or append or to impose new conditions, at any time. All aforementioned changes shall be effective immediately after publication and all Users shall be bound by them and deemed to have accepted them by continued use of our services. It is therefore recommended that Users continually review the Terms and Conditions periodically to continue being informed of the most current applicable terms.
GENERAL SCOUTCHAMPS, LLC CONTACT
Address: 7071 sw 158th ct Miami, Florida 33193