These Terms of Service (“Terms”) constitute a legally binding agreement between you and Big Lic Company, a Delaware corporation (referred to as “Assistant Scoutmaster”) governing your use and access of the Assistant Scoutmaster mobile application (“Assistant Scoutmaster App” or “App”) and the software and services made available through the App (collectively the “Services”).

By clicking the “I Agree to the Terms of Service and Privacy Policy” button or (i) accessing or using any part of the App or (ii) initiating any transaction on the App, you agree to be bound by these Terms of Service.

These Terms include a jury trial and class action waiver. These Terms also limit the remedies that may be available to you in the event of a dispute with us.

Internet technology, and the applicable laws, rules and regulations change frequently. We reserve the right to make changes to these Terms of Service at any time. Continued access and/or use of the App in any manner constitutes assent to any new Terms of Service that may be posted on the App.

1. Assistant Scoutmaster App

The Assistant Scoutmaster App is an engaging mobile platform that enables easy collaboration between leaders, parents and scouts to organize troop information, track merit badge progress and coordinate assignments of boy-led troop activities.

The Assistant Scoutmaster App is not affiliated with or endorsed by any scout-related organization and was created independently solely to facilitate and organize a leader’s troop-related activities.

2. Accounts: Eligibility, Consent & Notice

To access the Services, you must have an account established through the registration process and have agreed to these Terms of Service.

To create an account, you must be at least 13 years old.

Users under the age of 13, with parental consent, can be added to a parental account to input any scout-related data into the App.

If a parent/guardian does not consent to a child’s access to and use of the Services, Assistant Scoutmaster will bar that child’s registration, prevent the child’s access to and use of the Services, and ensure that such child’s information is not accessible through the Services.

If a Parent has consented to a child’s access to and use of the Services but wishes to rescind such consent, the Parent should contact us at privacy@assistantscoutmaster.com and delete the App from the applicable mobile device.

3. Services & Account Registration

By registering with the App, users are able to upload text, data, and/or digital images (“Content”) to facilitate use of the Services. In creating an account, you must provide an email address and password.

You are solely responsible for the Content you post within the App. We reserve the right to refuse service, terminate accounts, or remove or edit Content at any time in our sole discretion.

Account Security: Once account registration is complete, all users will be asked to create a password. Users are responsible for safeguarding their passwords and shall not disclose such password to any third party. Users are solely responsible and liable for any activities or actions taken under their password, whether or not users have authorized such activities or actions. Assistant Scoutmaster shall not be liable for any loss or damage arising from the failure of any user to keep their password or account secure.

4. User Accounts

Services are designed to assist leaders in organizing and leading their troop more effectively. The App is designed for both leaders, parents and scouts.

Individual troop members may not create an account until a leader (a) creates an account and troop profile, and (b) invites troop members to join the troop within the App.

Log-In Credentials. Upon account registration, leaders can create a troop profile either by inputting the individual profile of each troop member or by providing your leader log-in credentials to enable the App to import existing troop data into the Assistant Scoutmaster App. By providing your scout-related log-in credentials, you expressly authorize Assistant Scoutmaster to retrieve all troop related data and import into the Assistant Scoutmaster App.

By granting us access to your third party leader account Content, you understand that we will access, make available and store (if applicable) your Content so that it is available on the App. Please note that if a third party leader account becomes unavailable or terminates our access to that account, we may be unable to import data. Log-in credentials are not stored within the App, leaders must input credentials for each data import they require to update the App. Assistant Scoutmaster shall not be liable for any damages arising from or relating to the importation of data from any third party leader account.

Scoutmaster App Troop Invite – Once a leader has created an account and populated troop data into the App, leaders may then invite parents to create individual troop member accounts for their scouts.

Privacy Compliance. Leaders will have access to all Content pertaining to each individual troop member. Leaders shall be responsible for ensuring compliance with any and all privacy rules or regulations and/or data collection laws or regulations applicable to the use of troop Content.

Communication Permissions. You grant permission for scouts and parents within your troop to communicate with each other within the App, including but not limited to, by email, chat, SMS, or other forms of electronic communications available based upon the features and functionality within the App or based upon the contact information provided by you within the App.

5. Prohibited Conduct

In your use of the App, you may not:

  • Post false, inaccurate, misleading, defamatory or harassing Content;
  • Violate any law, statute, ordinance or regulation;
  • Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
  • Attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity
  • Post obscene or sexually explicit Content;
  • Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the App or its users;
  • Modify, adapt or hack the App or modify another site or mobile App so as to falsely imply that it is associated with the App;
  • Distribute or post spam, unsolicited or bulk electronic communications to App users;
  • Use any robot, spider, scraper or other automated means to access the App for prohibited or illegal purposes;
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the App’s infrastructure;
  • Interfere or attempt to interfere with the proper working of the App, its services or tools; or
  • Bypass the App’s robot exclusion headers or other measures we may use to prevent or restrict access to the App.

6. Content & Content License

  • Proprietary Rights: By uploading, submitting and posting Content to the App, you represent and warrant that you have all right, title, license and authority to upload, submit and post the Content, including the right to publish and distribute by electronic and digital means.
  • Non-Infringing: By uploading, submitting and posting Content on the App, you represent and warrant that the Content does not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights of any third party, or (ii) violate any statute, law, ordinance or regulation.
  • Content License: By creating an account and uploading, posting or submitting any Content on the App, you grant to Assistant Scoutmaster a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense such Content in any form, in all media now known or hereinafter created, anywhere in the world, for purposes of providing the services related to the App’s features and/or functionality. You hereby irrevocably waive any claims based on moral rights, if any.

7. End User License Agreement

Assistant Scoutmaster hereby grants you a limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to use the App and Services on your mobile device. You acknowledge that Assistant Scoutmaster may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms of Service will apply to all such upgrades.

8. Privacy

We respect your privacy and will only use personal information in accordance with our Privacy Policy and in compliance with the Children’s Online Privacy Protection Act.

9. Idea Submissions License

  • Non-Proprietary: We consider any suggestions, ideas, proposals or other material submitted by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. We shall not be liable for the disclosure, use or exploitation of such Material.
  • License: You hereby grant to Assistant Scoutmaster a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

10. Objectionable Content

We are not responsible for, and do not endorse, any Content posted on the App. We do not have any obligation to prescreen, monitor, edit or remove any Content. If your Content violates any of these Terms of Service, you bear legal responsibility for that Content.

We shall not be liable for any damage or harm resulting from the uploading, posting or submission of any Content or your interactions with other users on the App. We reserve the right, but have no obligation, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be a violation of these Terms of Service.

11. Customer Support

Customer support is available by email at help@assistantscoutmaster.com to address any issues you may have regarding your use of the App. Most concerns can be quickly resolved in this matter.

12. INDIVIDUAL ARBITRATION

EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Big Lic Company arising out of or relating to the App, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act shall govern the interpretation and enforcement of these Terms of Service.

ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Big Lic Company, 6310 Otter Park CT, Roanoke, VA 24018

Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

13. The App’s Intellectual Property

Copyright: The App’s logos, design, text, graphics, and other files, and the selection arrangement and organization thereof, are owned by Big Lic Company. You may not use such materials without permission. © 2016 Big Lic Company. ALL RIGHTS RESERVED.

Trademarks: The App and its logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Big Lic Company.

Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the App and Services gives you a right or license to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

14. Termination

Without limitation of any other remedies, we may suspend or terminate Services and accounts, restrict or prohibit access or use of the App, remove or restrict Content, and/or take any technical or legal steps necessary, at any time, in our sole and absolute discretion, including, but not limited to, as a result of the following:

  • A breach of these Terms of Service;
  • If we are unable to verify or authenticate a user’s information or parental notification;
  • If we believe that a user is acting inconsistently with the letter or spirit of the App’s policies, has engaged in improper or fraudulent activity in connection with the App or that a user’s actions may cause legal liability or financial loss to Assistant Scoutmaster;
  • If we suspect a user misuses Troop Content or violates any applicable laws or regulations relating to use of the Troop Content;
  • Believe a user is infringing the rights of third parties;
  • If we are unable to verify parental consent for users under the age of 13; or
  • If we decide to no longer offer the Services through the App

Survival: The following Sections survive termination of these Terms of Service: Content License, Idea Submission License, Individual Arbitration, Warranties and Disclaimers, Limitation of Liability, Release, Indemnity, and Governing Law.

15. WARRANTIES AND DISCLAIMERS

DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY “BETA” RELEASES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASSISTANT SCOUTMASTER DOES NOT REPRESENT OR WARRANT THAT THE APP, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, ASSISTANT SCOUTMASTER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.

16. LIMITATION OF LIABILITY

LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ASSISTANT SCOUTMASTER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT, APP OR SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, DATA BREACH, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR ITS SERVICES, EVEN IF ASSISTANT SCOUTMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASSISTANT SCOUTMASTER’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR OF THE INABILITY TO USE, THE APP OR SERVICES, EXCEED FIFTY DOLLARS $50.00.

17. INDEMNITY

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Big Lic Company, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising out of or relating to (i) your use of the App and Services (ii) any dispute between you and any user of the App and/or the Services, (iii) a breach of these Terms of Service, or (iv) a violation of any third party right, including without limitation any intellectual property right, publicity, property or privacy right.

18. RELEASE

If you have a dispute with one or more App members or users, you hereby release Big Lic Company and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns, from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENTS YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

19. Severability

The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.

20. Modifications

Our employees, volunteers or agents are not authorized to vary our Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Assistant Scoutmaster or posted on the App.

21. Choice of Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Virginia without regard to or App of Virginia’s conflict of law principles. The parties consent to the jurisdiction of the State of Virginia and venue in the County of Roanoke with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.

22. Assignment

You shall not assign any of the rights or obligations under this Term of Service without the prior written consent Assistant Scoutmaster. Assistant Scoutmaster may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms of Service without your consent.

23. Successors and Assigns

These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

24. No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Terms of Service.

25. No Waiver

No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.

26. Interpretation

Headings are for reference purposes only and do not limit the scope or extent of such section.

27. Notices

All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Big Lic Company at: 4894 Franklin Pike, Floyd VA 24091 or by email at help@assistantscoutmaster.com. All notices will be sent to you by email or will be conspicuously posted on the App.

28. Entire Agreement

These Terms of Service comprise the entire agreement between the parties and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.

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