TERMS OF SERVICE

Welcome to Scout!

Introduction

Thank you for using the Samaritan Scout (“Scout”) platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).  

Our Service. The Service allows you to discover volunteer activities and related content, and acts as a search and match platform connecting individuals with volunteer activities offered by governmental and nonprofit organizations. Coming soon will be additional services including providing a forum for people to share, connect, inform, and inspire others across the globe.

Your Service Provider. The entity providing the Service is Samaritan Scout, a 501(c)(3), incorporated in the State of New Jersey, EIN 92-3607846.

Applicable Terms. Your use of the Service is subject to the terms (“Agreement”) outlined below, which may be updated from time to time.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Samaritan Scout (“Scout,” “we,” or “us”) provides the platform available at https://www.samaritanscout.org/ (“Site”). These Terms of Service and Use (the “Terms”) describe the terms and conditions that apply to your use of the Site and the services offered by Scout through use of the Site, including but not limited to the Scout’s online volunteer matching service and other information and services related thereto (the Site and all such services are, collectively, the “Services”). “You” means the individual person entering into these Terms on his or her own behalf; or, if these Terms are being entered into on behalf of an entity, such as an employer, “you” means the entity on whose behalf of which these Terms are entered, and in the latter case, the person entering these Terms represents and warrants that he or she has the authority to do so on your behalf.

By visiting, using, or accessing any Services, accepting these Terms by clicking on the “I Accept” button, or completing the Account registration process, you represent and warrant that (a) you have read, understand, and agree to be bound these Terms, (b) you are of legal age to form a binding contract with Scout, (c) you are not barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction, and (d) you have the authority to enter into these Terms. If you do not agree with these Terms, you may not use the Services and you should leave the Site and discontinue use of the Services immediately. If you wish to create an account to make use of the Services reserved for account holders, you must read these Terms and indicate your acceptance during the registration process. Note, however, that these Terms apply to your access to and use of the Services regardless of whether you register an Account. We reserve the right to terminate your use or access to the Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms.

Who may use the Service?

Age Requirements. You must be at least 13 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.

Permission by Parent or Guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. 

Businesses/Organization. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Use of the Service

Content on the Service. The content on the Service includes graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Samaritan Scout or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with this Agreement, including by violating the law, you can report it to us.

Third-Party Services and Links. You acknowledge and agree that by using the Services, which include maps provided by Google, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). We may also provide links to other third-party websites, applications, or advertisements. Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, and cannot be responsible for, these outside sites or their content. We encourage you to review the terms of use and privacy policies for any such third-party links you visit on the Services. We will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information.

Scout Accounts. You can use parts of the Service, such as browsing and searching for Content, without having a Scout account. However, you do need a Scout account to use some features. With a Scout account, you may be able to ‘favorite’ search results, receive intelligent recommendations of volunteer opportunities relevant to you, ‘flag’ search results, and more. You can follow this link to create a Scout account.

To protect your account, keep your password confidential. You should not reuse your Scout account password on third-party applications. 

In creating an account, you will also be asked to provide an email address, choose a password for your Account and share a city/state/zip location. You shall not have more than one Account at any given time.

By creating an account, you represent that: (a) all registration information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Scout has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) if you (i) are not of legal age to form a binding contract with Scout; (ii) provide any information that is untrue, inaccurate, incomplete, or not current (or if Scout has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete, or not current); (iii) create an Account using a false identity or information, or on behalf of someone other than yourself; and/or (iv) do not meet Scout’s eligibility requirements.

Your Information. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. 

Permissions and Restrictions. You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view Content for your personal, non-commercial use. You may also show and link to Scout Content on your personal websites and/or social media accounts.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Scout and, if applicable, the respective rights holders;

2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines; or (b) with Scout’s prior written permission; 

4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;

5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a search result’s views, ‘favorite-ing’, ‘flagging’, or otherwise manipulate metrics in any manner;

7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

8. use the Service to view Content other than for personal, non-commercial use (for example, you may not display search results from the Service through another organization/business website); or

9. use the Service to (a) raise funds or sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content; or (b) raise funds or sell advertising, sponsorships, or promotions on any page of any website or application that primarily contains Content from the Service or where Content from the Service is the primary basis for such sales.

Reservation. Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Scout.

Release. You hereby release Scout, our officers, employees, agents and successors from claims, demands, and any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your participation in any Volunteer Opportunities or activities arising from or related to your use of the Services.

Develop, Improve and Update the Service

Scout is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also make best efforts to provide you with an opportunity to export your content from your Scout Account, subject to applicable law and policies. 

INTELLECTUAL PROPERTY

You acknowledge that Scout and its suppliers own all right, title and interest in and to the Services, including without limitation, the Site, the Syndication Services, the Code, any Content available through or on any of the foregoing (excluding Your Content and Member Content), and all underlying software and technology, including without limitation all Intellectual Property Rights. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such Intellectual Property Rights. VolunteerMatch and its suppliers reserve all rights not granted in these Terms. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

TERM AND TERMINATION

Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.

Termination of Services by Scout. Scout has the right to, immediately and without notice, suspend or terminate any Services provided to you at its sole discretion for any or no reason, including but not limited to (a) if you have (or if Scout has any reason to believe you may have) breached any provision of these Terms, or (b) if Scout is required to do so by law (for example, if provision of the Services is, or becomes, unlawful). You agree that all terminations shall be made at Scout’s sole discretion and that Scout shall not be liable to you or any third party for any termination of your Account.

Termination of Services by You. If you want to terminate the Services provided by Scout, you may do so by closing your Account for all of the Services that you use. 

Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Scout will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services and these Terms, including without limitation, ownership provisions, indemnification provisions, warranty disclaimers, and limitation of liability.

No Subsequent Registration. If your registration(s) with, or ability to access, the Services or any other Scout community is discontinued by Scout due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community (including but not limited to your conduct at any Volunteer Opportunity, if applicable), then you agree that you shall not attempt to create an Account or re-register with or access the Services or any Scout community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Scout reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

INDEMNIFICATION

You shall indemnify and hold Scout, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors harmless from any and all damages, judgments, losses, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of the Services; (c) your violation of these terms; (d) your violation of any rights of another party, including any user; (e) your interactions, transactions, communications, or dealings with any other user of the Services, including but not limited to those related to Volunteer Opportunities; and/or (f) your violation of any applicable laws, rules or regulations. Scout reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Scout in asserting any available defenses. This provision does not require you to indemnify any of the Scout Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, these Terms, and/or your access to the Services.

DISCLAIMER OF WARRANTIES

As is. You expressly agree that use of the services is at your sole risk. The services are all provided on an “as is” and “as available” basis. Scout expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement. Scout makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does Scout make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services, or that defects in the services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. Scout makes no warranty regarding any dealings with or transactions entered into with any other parties (including volunteer opportunities) through the services. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the services is with you. No advice or information, whether oral or written, obtained by you from Scout or through the services shall create any warranty not expressly made herein.

No Liability for Conduct of Third Parties. You are solely responsible for all of your communications and interactions with third parties on the service. You acknowledge and agree that Scout parties are not liable, and you agree not to seek to hold the Scout parties liable, for the conduct of third parties, including other users of the services and operators of external sites, and that the risk of injury from such third parties rests entirely with you. You understand that Scout does not make any attempt to verify the statements of users, including any Scout members. Scout makes no warranty that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. 

Disclaimer of Certain Damages. You understand that to the extent permitted under applicable law, in no event will Scout or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. If you are dissatisfied with any portion of the services, your sole and exclusive remedy is to discontinue use of the site. 

Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

ARBITRATION AGREEMENT

Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Scout and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver. 

Unless you opt out of the arbitration agreement (as defined below) within thirty (30) days in accordance with the 30-day right to opt out (described below): (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial. 

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Scout agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any services distributed or received through these Terms and prior versions of these Terms, including claims and disputes that arose between you and us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and Scout may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Scout may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms. 

Informal Dispute Resolution. There might be instances when a Dispute arises between you and Scout. If that occurs, Scout is committed to working with you to reach a reasonable resolution. You and Scout agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Scout therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Scout that you intend to initiate an Informal Dispute Resolution Conference by contacting us at the info@samaritanscout.org email. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

Waiver of Jury Trial. You and Scout hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Scout are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

Waiver of Class and Other Non-Individualized Relief. You and Scout agree that, except as specified in Batch Arbitration (described below), each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis, and the parties hereby waive all rights to have any dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. Only individual relief is available, and disputes of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Batch Arbitration (described below). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Scout agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New Jersey. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Scout from participating in a class-wide settlement of claims.

Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and VolunteerMatch agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at Consumer Arbitration Rules.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. 

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

Unless you and Scout otherwise agree, or the Batch Arbitration process discussed below (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules. 

You and Scout agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 

Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Jersey and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process below (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (a) all Disputes arising out of or relating to above (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part is unenforceable, illegal, void or voidable, or has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (b) except as expressly contemplated in below (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (c) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (d) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided below (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Scout need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Scout agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Scout by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (a) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. 

You and Scout agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Invalidity, Expiration. Except as provided above (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Scout as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

MODIFICATIONS TO TERMS

We may change the Terms from time to time. When changes are made, Scout will make a new copy of the Terms available on the Site, and we will also update the “Last Update” date at the top of the Terms. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of these Terms to you at the email address associated with your Account. Scout may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the services. Unless otherwise stated in such update, any changes to these Terms will be effective immediately for users without an Account, and thirty (30) days after posted on the Site, unless subject to earlier consent or acceptance, in which case, changes shall be effective upon such consent or acceptance. Your continued access to the Site or use of the Services after that time shall constitute your acceptance of the amended Terms. You are responsible for providing us with your most current email address. In the event that the last email address you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you object to any such changes, your sole and exclusive remedy shall be to cease using the Services and terminate your Account.

GENERAL PROVISIONS

Electronic Communications. The communications between you and Scout may take place via electronic means, whether you visit the Service or send Scout emails, or whether Scout posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Scout in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Scout electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.