The Nitty Gritty
- 21+ to drink
The following terms and conditions (the "Agreement") form a binding agreement between you and Scoutmob, which is sometimes referred to as “Scoutmob,” “we,” “us” or “our.” Please review the following terms carefully. By using the Site or any Scoutmob Services, you are agreeing to these terms, and all of these terms will govern your use of the Site and our Services. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.
Scoutmob is an online community for people to express their local interests (the "Services") through our website located at http://www.scoutmob.com and other online areas owned or operated by us, such as our Facebook, Twitter and mobile phone applications (the "Site"). The Services also include the opportunity for you to purchase special Hand-Picked Deals (as described below) for the products and services of third party merchants. The Services and Site are collectively referred to here as "Scoutmob."
Your permission to use Scoutmob is conditioned upon your agreement that you:
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your Reservation. Your credit card will be charged for the amount of the Deal. We will notify you by email when the Deal is to be used.
If applicable, the expiration date for a Deal and Reservation is noted on your confirmation and receipt.
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
Unless otherwise stated in the Deal or required by law, the following additional terms apply to all Vouchers:
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Scoutmob reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Scoutmob does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
Scoutmob will provide refunds as stipulated for each specific deal.
Scoutmob may contain links to third party websites that are not owned, operated, or controlled by Scoutmob. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Scoutmob you expressly relieve us from any and all liability arising from your use of any third party website.
THIS SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SCOUTMOB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS); AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
IN NO EVENT WILL SCOUTMOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF SCOUTMOB IN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SCOUTMOB'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon request by Scoutmob, you agree to defend, indemnify, and hold Scoutmob its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, including your interaction with causes, companies, or organizations that advertise or solicit contributions on the Site, or other uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.