Terms of Service

Updated: October 11, 2019

Thank you for using FRCScout! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using FRCScout. Because it is such an important contract between us and our users, we have tried to make it as clear as possible


A. Definitions

  1. An "Account" represents your legal relationship with FRCScout. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on FRCScout. "Organizations" are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate. A User Account can be a member of any number of Organizations.
  2. The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the FRCScout Privacy Statement) and procedures that we may publish from time to time on the Website.
  3. "Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
  4. "FRCScout," "We," and "Us" refer to FRCScout, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  5. The "Service" refers to the applications, software, products, and services provided by FRCScout, including any Beta Previews.
  6. "The User," "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.
  7. The "Website" refers to FRCScout's website located at FRCScout.com, FRCScout.ca, FRCScout.app, and all content, services, and products provided by FRCScout at or through the Website. It also refers to FRCScout-owned subdomains of FRCScout.com, such as education.FRCScout.com and pages.FRCScout.com. Occasionally, websites owned by FRCScout may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

B. Account Terms

1. Account Controls

2. Required Information

You must provide a your first name, last name and a valid email address in order to complete the signup process.

3. Account Requirements

4. User Account Security

You are responsible for keeping your Account secure while you use our Service.

C. Acceptable Use

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

D. User-Generated Content

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. FRCScout may remove content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any FRCScout terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us - and other FRCScout Users - certain legal permissions. These license grants apply to Your Content. If you upload Content that already comes with a license granting FRCScout the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted. The licenses you grant to us will end when you remove Your Content from our servers.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant FRCScout the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others.

6. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant FRCScout the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. API Terms

No Abuse or Overuse of the API

Abuse or excessively frequent requests to FRCScout via the API may result in the temporary or permanent suspension of your Account's access to the API. FRCScout, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed FRCScout's rate limitations.

You may not use the API to download data or Content from FRCScout for spamming purposes, including for the purposes of selling FRCScout users' personal information, such as to recruiters, headhunters, and job boards.

All use of the FRCScout API is subject to these Terms of Service and the FRCScout Privacy Statement.

F. Termination

FRCScout May Terminate

FRCScout has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. FRCScout reserves the right to refuse service to anyone for any reason at any time.

G. Disclaimer of Warranties

FRCScout provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

FRCScout does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

H. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

I. Release and Indemnification

If you have a dispute with one or more Users, you agree to release FRCScout from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that FRCScout (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases FRCScout of all liability); and (3) provides to you all reasonable assistance, at your expense.

J. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

K. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and FRCScout and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and FRCScout agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

2. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of FRCScout to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

License

This Privacy Policy is adapted from GitHub's Terms of Service and is licensed under the Creative Commons Attribution license. You may use it freely under the terms of the Creative Commons license.


Contact

Contact alphadevelopmentsolutions@gmail.com if you have questions regarding our Terms of Service.