Terms Of Service

Make sure to visit our Privacy Center for more information.

Effective date: 1st November, 2016

Thanks for using ScootPad! We're glad you're here, but there are some rules you need to agree to before you use our website and services ("Services"). When we use the word "Services," we mean not only the ScootPad.com website and the mobile version of the website (the "Site"), but also all the other websites, products, services and applications owned, controlled or offered by ScootPad and its affiliates (for example, the ScootPad Android app available via the Android Marketplace, and the ScootPad iPad apps available at the Apple App Store). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@ScootPad.com.

Acceptance of Agreement

These Terms of Service (the "Terms") are a binding contract between you and ScootPad Corporation, a Delaware corporation ("ScootPad," "we" or "us"). You must agree and accept all of the Terms, or you don't have the right to use the Services. By accessing or using the Services in any way, you represent that you have read, understood and agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document and in the ScootPad Privacy Policy (collectively, the "Site Policies"), When you visit our website, use our Services or send e-mails to us, you are communicating with us electronically. You acknowledge that you can access information that is provided electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our Services are constantly changing, to keep up with the dynamic needs of learners everywhere - so, these Terms and the Privacy Policy might need to change, too. If they do change, we will do our best to tell you in advance by placing a notification on the ScootPad.com website, or we might send you an email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), we may not be able to give you advance notice. Unless otherwise provided in such revision, any revision to the Terms and/or the Privacy Policy, or any part thereof, will take effect when they are posted. If you don't like the new Terms, you are free to reject them - unfortunately, that means you won't be able to use the Service anymore. If you use the Service in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.

Privacy Information

ScootPad takes the privacy of its users very seriously. For the entire current ScootPad Privacy Policy, please click here, but we've included some information below related to the Children's Online Privacy and Protection Act ("COPPA"). COPPA requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. ScootPad does NOT collect, request or allow any student (not just those under 13) to save or share any personally identifiable information. We only allow student's school, district, and/or teacher to enter a student's first name (last name is optional) for identifying the student within a classroom. If you are a student under 13, please do not send any personal information about yourself to us. If we learn we have received any personal information from a student under 13, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at info@ScootPad.com.

Special Instructions for Teachers and Schools

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA. You are responsible for understanding how any Publisher Software (defined and described below) that you install on behalf of yourself or other users may collect and use information of users of ScootPad's Services. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

How to Use ScootPad

First, you have to sign up for an account (valid Email Address is required), and select a password . You promise to provide us with true, accurate, complete, and current registration information about yourself. You represent that you will not select a name that you do not have the rights to use or another person's name with the intent to impersonate that person for your ScootPad User ID. In certain situations, your ScootPad User ID may be selected for you by your school or district; the same rules apply to them when they select a ScootPad User ID for you. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are of legal age to form a binding contract (or if not, that you have received your parent's or guardian's permission to use the Services and your parent or guardian has agreed to these Terms on your behalf, as we described earlier). If you are agreeing to these Terms on behalf of an organization or entity (for example, if you are an administrator agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms. You promise to only use the Services for your personal, internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you. You also represent that you are not a person barred from receiving our Services under the laws of the United States or any other applicable jurisdiction. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for you using the Services in a way that breaks the law. If you do not comply with the foregoing conditions, or we reasonably suspect that information provided by you is in violation of the foregoing conditions, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof). We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). If you use your mobile device to access or use our Services, you understand that you are responsible for any fees that your mobile service provider charges for data or SMS services. In addition, you must provide and are responsible for all equipment necessary to access our Services.

Account Security

It is your responsibility to maintain the confidentiality of your password. If you use our Services, you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or if you feel your password has been compromised, or for any other breach of security. To better maintain account security, be sure to sign out from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. While we do allow children to use our Services, we only sell products to adults who can make purchases with a credit card or using PayPal. Any users under the age of 18 may only make purchases with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. If you feel that your account has been compromised, contact us immediately at info@ScootPad.com.

License, Site Access and Content

a. The Site ScootPad grants you a limited, nonexclusive, nontransferable, revocable license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ScootPad. You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ScootPad's and any of our affiliates without express written consent. You may not access the Site in order to (a) build a competitive, related commercial product or service, or (b) copy any features, functions or graphics of our Services. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of ScootPad. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any local, state, national and international laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not use this Site to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You may not use this Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization or organizations designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by ScootPad. You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, ScootPad, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use our logo or other proprietary graphic or trademark as part of the link without express written permission. b. The Content The materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), and so forth) (the "Content") are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including ScootPad's) rights. For example, if someone shares a really creative lesson plan with you on ScootPad, that doesn't mean you can print it out and start distributing it to other people - unless the owner specifically told you in writing that you could. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply. c. User Submissions Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant ScootPad a non-exclusive, royalty-free, worldwide license to translate, modify (for technical purposes, for example making sure your content is viewable on your iPhone as well as your computer) and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below. This is a license only - your ownership in User Submissions is not affected. If you store a User Submission in your own personal ScootPad account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant ScootPad the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of displaying that Personal User Submission to you and providing you the Services necessary to do so. If you share a User Submission only within a class/group, or otherwise in a manner that only certain specified users can view (for example, a private message to one or more other users)(each, a "Limited Access User Submission"), then you grant ScootPad the license above, as well as a license to display, perform, and distribute your Limited Access User Submission for the sole purpose of displaying that Limited Access User Submission to other members of that Class/Group (or to such specified users, as applicable) and providing you the Services necessary to do so. Also, you grant the other members of that Class/Group (or such specified users, as applicable) a license to access that Limited Access User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a worksheet (that can be completed through the Services) with students in your Class/Group, you grant your students the rights necessary to view that worksheet and fill it out, and return it to you. If you share a User Submission in a public "community" on the Services or in a manner that more than just you or your Class/Group can view (a "Public User Submission"), then you grant ScootPad the license above, as well as a perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Public User Submission throughout the world in any mediafor the purpose of displaying that Public User Submission to all ScootPad users and providing you the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with ScootPad, provided that ScootPad will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your User Submissions are stored with us. When you delete your ScootPad account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from ScootPad's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Finally, you understand and agree that ScootPad, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.

User Submissions, Communications and Other Content

You represent that you will not post any User Submission that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, malicious computer code, files or software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, forge headers or manipulate identifiers, impersonate any person or entity, or otherwise mislead as to the origin of the User Submission. You agree not to act in a manner that negatively affects other users' ability to use our Site or Services, nor to harass or "stalk" another user. You agree not to interfere or disrupt our Services or servers or networks connected to our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Services, including using any device, software or routine to bypass our robot exclusion headers. We reserve the right (but not the obligation) to remove or edit such User Submissions, but do not regularly review posted content. You understand that any User Submission, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Submission originated. This means that you are solely responsible for all User Submissions that you upload, post, email, transmit or otherwise make available while using our Services. We do not control the User Submissions posted through our Services and, as such, do not guarantee the accuracy, integrity or quality of such User Submissions. You understand that by using our Services, you may be exposed to Content that is offensive, indecent or objectionable. We are not liable for any Content under any circumstances, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, the reliance of, or related to any Content posted, emailed, transmitted or otherwise made available through our Services, even if you relied on . We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can't control that, but please let us know if it happens and we'll try to remedy the situation. We also can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. But that doesn't mean we don't take security seriously; students are only permitted to access the Services within their Class/Groups, we require teachers, schools, and districts guard their Class/Group with the appropriate confidentiality, as described in the Acceptable Use Policy, we enable teachers with moderation tools for monitoring content within Class/Groups, and student accounts are not enabled to "browse" groups to join (a student is only permitted to view and join a group he or she has been given a Class Code to). The Services may contain links or connections to third party websites or services that are not owned or controlled by ScootPad. When you access third party websites or use third party services (including, without limitation, your use of Publisher Software, defined below), you accept that there are risks in doing so, and that ScootPad is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. ScootPad has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, ScootPad will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Publisher Software). By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that ScootPad shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you agree that ScootPad is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ScootPad, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

License and Subscription Services

The basic ScootPad user account is free - that is, we don't charge for signing up for a ScootPad account. We offer licenses for parents, individual teachers and schools/districts which grant access to all our features and services. To review all available licenses and their pricing, please visit our Pricing page. From time to time, we may offer additional products and services for purchase. We reserve to create, modify or remove each subscription service and any other products and services at our sole discretion.

Referral Credits

Teachers can receive credits towards future classroom license fees ("Referral Credit") through teacher referrals. In order to receive credit, a teacher must first be registered to use ScootPad. To receive Subscription Credit through a referral, a teacher (the "Referring Teacher") can refer another teacher who does not already have a ScootPad account (the "New Teacher") to ScootPad. When the New Teacher signs up to use ScootPad, we conduct a verification process before the Referring Teacher receives a credit. First, the New Teacher must follow the Referral Link sent by the Referring Teacher to sign up. Second, ScootPad will verify the New Teacher's account for two things: (a) to ensure the New Teacher has not signed up for ScootPad previously; and (b) to monitor the account for "Valid Activity", which means that the New Teacher will have added real student accounts and have completed practices (1000 problems solved in total). Once the verification process is complete and the above requirements have been met, ScootPad will add a credit of $10 to the Referring Teacher's account. We reserve the right to create, modify or remove any of the above terms relating to Referral Credits at our sole discretion.

Returns/Refunds

We currently do NOT offer refunds for our Site License or Subscription services. We reserve the right to change our refund policy at our sole discretion.

Service Modifications/Removal of Account

ScootPad is a cloud based dynamic learning platform, so the Services will change over time. We reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or the removal of any Content. You may request removal of your account, any associated email address and access to our Services by submitting a removal request to us. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someone's safety or security to do so. If you have deleted your account by mistake, contact us immediately at info@ScootPad.com - we will try to help, but unfortunately, we can't promise that we can recover or restore anything. We may, without prior notice, immediately delete, limit your access to or suspend your account and access to our Services. Cause for such action shall include, but not be limited to, any breaches or violations of the Terms, the Privacy Policy or other agreements or guidelines on the Site, requests by law enforcement or other government agencies, discontinuance or material modification to our Services (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, your engagement in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with our Services. All deletions, limitations of access and account suspensions shall be made at our sole discretion and we are not liable to you or any third party for the deletion of your account or access to our Services. Removal of your account includes any or all of the following: (a) removal of access to all or part of the offerings within our Services, (b) deletion of your password and all related information (or any part thereof), (c) removal of any User Submissions, and (d) barring of further use of all or part of our Services.

Copyright

The compilation of all content on the Site is the property of ScootPad and is protected by U.S. and international copyright laws. All software used on the Site is the property of ScootPad or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks

"ScootPad.com" and others are our service marks or registered service marks or trademarks. Other products and company names mentioned on the Site may be trademarks of their respective owners. ScootPad's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ScootPad or www.ScootPad.com. All other trademarks not owned by ScootPad or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ScootPad or its subsidiaries.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of the Site Policies and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Securities Laws

Our website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our website and the information contained on the Site does not constitute an offer or a solicitation of an offer for sale of any securities.

Information and Press Releases

Our website contains information and press releases about us. We disclaim any duty or obligation to update this information or any such press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

Disclaimer Of Warranties And Limitation Of Liability

THIS SITE IS PROVIDED BY SCOOTPAD ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCOOTPAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCOOTPAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCOOTPAD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM www.SCOOTPAD.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCOOTPAD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of the Site Policies or use of our website.

Applicable Law

By visiting www.ScootPad.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern the Site Policies and any dispute of any sort that might arise between you and ScootPad or its affiliates.

Disputes

Any dispute or unresolved controversy arising out of or relating to the Site Policies, your visit to www.ScootPad.com or to products you purchase through the Site shall be submitted to confidential arbitration under the auspices of JAMS in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate ScootPad's intellectual property rights, ScootPad may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs with respect to any disputes arising under the Site Policies. To the fullest extent permitted by applicable law, no arbitration under the Site Policies shall be joined to an arbitration involving any other party subject to the Site Policies, whether through class arbitration proceedings or otherwise.

Miscellaneous

The language in the Terms shall be interpreted as to its fair meaning and not strictly for or against any party. The Terms, together with any purchase orders or contracts with you and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of the Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms, the Terms shall take precedence. Our failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under the Terms shall survive any termination of the Terms.

Other Site Policies and Modification

From time to time, we may post revised versions of existing policies or new policies on our website. Please review all of our other policies posted on this Site. These policies also govern your visit to www.ScootPad.com. We reserve the right to make changes to our Site, policies, and this Terms of Use agreement at any time.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ScootPad's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ScootPad and its affiliates that your copyrighted material has been infringed. - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; - A description of the copyrighted work that you claim has been infringed upon; - A description of where the material that you claim is infringing is located on the Site; - Your address, telephone number, and e-mail address; - 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; - A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ScootPad's Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows: ScootPad Copyright Agent Address: 5655 Silver Creek Valley Rd, Suite 933, San Jose, CA 95138 Phone: 1-800-994-0706 E-mail: info@ScootPad.com

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