TERMS AND CONDITIONS
These terms contain provisions that govern how claims you and Scout have against each other are resolved. You are required to submit claims you have against us, our agents, or our service providers to binding and final arbitration. You are not permitted to pursue claims against us, our agents, or our service providers as a plaintiff or class member in any class or representative action or proceeding. You are only permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. By using our Site or services, or entering into this agreement, you expressly acknowledge that you have read and understand these terms.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.
THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY "CHANGE") BY SCOUT IN ITS SOLE DISCRETION AT ANY TIME, WITHOUT NOTICE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS OF USE REGULARLY.
The information on this website is intended solely for informational purposes and is not intended to solicit any individual or property currently listed or under contract with any real estate broker or agent.
ACCESS TO THIS SITE
To access this Site or any of the resources it has to offer, you may be asked to provide certain personal information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Scout believes the information you provide is not correct, current, or complete, it retains the right to deny access to this Site or any of its resources, and to terminate or suspend your access to the Site or our Services at any time.
RESTRICTIONS ON USE
You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Scout’ prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyperlink or deep-link to this Site without the express prior written consent of an authorized representative of Scout. For purposes of these Terms and Conditions of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Scout in causing any unauthorized co-branding, framing, or linking to immediately cease.
COPYRIGHT AND LIMITATIONS ON USE
Proprietary content from Scout is the property of Scout. As such, copyrighted material is protected by U.S. copyright and intellectual property laws. You may print copyrighted material for personal, noncommercial use only. You may not publish, copy, or otherwise reproduce any of Scout’ copyrighted material for public/commercial use and/or distribution. Any attempt to reproduce or commercially distribute any copyrighted material without the expressed written permission of Scout is strictly prohibited. Scout does not grant any expressed or implied rights to the user under any patents, trademarks, copyrights, or other similar rights. Use of editorial content without the expressed written permission of Scout is strictly prohibited.
You and Scout hereby agree that any dispute, claim, or controversy arising out of relating to the Terms, the Site, or the Services will be settled in binding arbitration between you and Scout—not in a court of law. The Federal Arbitration Act governs the interpretation and enforcement of this obligation to arbitrate.
You and Scout hereby waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Scout otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. Notwithstanding the foregoing, both you and Scout retain the right to bring an individual action in small claims court (if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You and Scout agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. Unless both you and Scout agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Scout’s right to appeal the court’s decision. All other claims will be arbitrated.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form notice of dispute. If you and Scout are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or Scout may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.
The arbitration hearing will be held in a location agreed between you and us. If we cannot agree, either party may request an arbitrator to decide the location of the hearing. If the value of the relief sought is $10,000 or less, you or Scout may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Scout, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you or Scout may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different users. The arbitrator’s award is final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Unless otherwise determined by the arbitrator, each party will be responsible for their own fees.
CHOICE OF LAW
These Terms are governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. This choice of law and venue provision do not apply to the arbitration provision or any arbitrable disputes described above. Instead, the Federal Arbitration Act applies to such disputes.
THIRD PARTY TRADEMARK
All trademarks not owned by Scout that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, sponsored, or endorsed by Scout.
Note that this Privacy Notice DOES NOT apply to any third-party websites, platforms, or activities, such as a Customer’s websites or marketing practices. If you are a Contact of our Customer(s), your use of a Customer’s website or receipt of marketing communications from a Scout Customer is governed by the Customer’s privacy notice, and Scout has no control over their privacy practices.
Scout attaches particular importance to the respect for the privacy of the Users and of the confidentiality of their personal data, and is thus committed to processing the data in compliance with the applicable laws and regulations.
Personal data: any information relating to an identified or identifiable natural person, that is, a person who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to that person.
Processing of personal data: any operation or any set of operations relating to personal data, whatever the process used, and in particular the collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, as well as locking, erasure, or destruction.
Cookie : a cookie is a piece of information placed on the hard drive of Internet users by the server of the site they visit. It contains several pieces of data: the name of the server which installed it, an identifier in the form of a unique number, and possibly an expiry date. This information is sometimes stored on the computer in a simple text file that a server accesses to read and save pieces of information.
Scout collects data from Users in order to make the Services for which they have subscribed to the platform available to them.
The mandatory or optional nature of the data provided (in order to complete the Users’ registration and to render the Services) is indicated at the time of collection through a link to our Terms & Conditions.
In addition, certain data is collected automatically as a result of the User’s actions on the site (see the paragraph on cookies).
The personal data collected by Scout during the provision of the Services is necessary for the performance of the contracts concluded with the Users, or to allow Scout to pursue its legitimate interests while respecting the rights of the Users. Certain data may also be processed based on the Users’ consent.
The purposes for which Scout processes data are the following:
commercial and accounting management of the contract;
management of customer acquisition and marketing activities;
detection of malicious behavior (fraud, phishing, spam, etc.);
the improvement of the Users path on the site
more generally, any purpose that advances the automated processing of personal data relating to the management of users and their recipients.
TRANSFER OF DATA
Scout does not transfer or rent personal data to third parties for marketing purposes without the express consent of the Users of Scout.
In addition, personal data may only be disclosed to third parties for purposes other than marketing in the following cases:
with their authorization or at the request of the competent legal authorities, upon judicial request, or in the context of a legal dispute.
YOUR PRIVACY RIGHTS
Scout believes you should have the ability to control the Personal Information we collect and hold about you on your own. You can use the methods described below to control how we collect and use your Personal Information.
Customer Accounts: Customers can change or delete the Personal Information in their accounts at any time by signing into the Platform and editing information or changing settings. Scout may offer instructions to guide Customers in making additional changes. A Customer can delete all of their Personal Information on Scout by closing the account.
Contact Information: Customers can change or delete their Contacts’ Personal Information at any time by signing into the Platform and editing information or changing settings. Scout may offer instructions to guide Customers in making additional changes. If a Contact submits a Consumer Privacy Request directly to Scout, we will relay the request to the applicable Customer for further processing.
Email Communications: If you are a Customer or Site visitor, we may send you marketing emails about the Services. Customers may also receive informational or support emails from us. If you do not wish to receive these emails, you may change your preferences via the links provided in the emails or by sending a request to email@example.com to be removed from our email list. Note that if you opt-out of marketing communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Texting Consent: If you provide us with your wireless phone number, you consent to Scout sending you informational or service text messages. However, we will only send you marketing text messages if you opt-in to receive these notifications from us. For all Scout text messages, the number of texts you receive will depend on the Services you use and the information you request from us. You can unsubscribe from Scout text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
Do Not Track: Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. If this changes in the future, we will update this Privacy Notice.
Depending on where you reside, you may have additional privacy rights or be entitled to additional controls over your Personal Information. Please see our supplemental notices specific to residents of California.
CONSUMER PRIVACY REQUESTS
If you wish to exercise your privacy rights beyond the methods available through the Platform, or if you want to express concerns, lodge a complaint, or request information, please send an email to firstname.lastname@example.org.
Note that if you are a Customer’s Contact, then we process your Personal Information as a service provider to the Customer and we cannot fulfill your request directly. In that case, we will relay your request to the appropriate Customer for further processing and fulfillment, provided that we have sufficient information to do so.
Scout can only fulfill a request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We endeavor to respond to Consumer Privacy Requests in accordance with the requirements of the law applicable to your jurisdiction. Depending on the circumstances and the nature of your request, we may be unable to fulfill your request in part or in whole, for example, if your request falls within a statutory exception or if fulfilling your request would prevent us from complying with a statutory or contractual obligation.
CALIFORNIA PRIVACY RIGHTS
This section provides residents of the State of California (“California Consumers”) with the disclosures and notices required under the California Consumer Privacy Act of 2018 (“CCPA”). The following paragraphs apply solely to California Consumers and describe the specific rights afforded under the CCPA. California Consumers may exercise the following rights over their Personal Information, subject to any exceptions and limitations that may apply:
Right to Know: You have the right to request that we disclose information to you about our collection and use of your Personal Information, such as: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business or commercial purpose for collecting, selling or sharing your Personal Information; (iv) the categories of third parties with whom we disclose your Personal Information; and (v) a list of specific pieces of Personal Information we have collected about you. If a business sells or shares your Personal Information, you also You also have the right to ask the company to disclose the categories of your Personal Information sold or shared and the categories of third parties to whom that Personal information was sold or shared, as well as the categories of Personal information disclosed for a business purpose and the categories of recipients of that information. Scout is only required to respond to two disclosure requests from you within a 12-month period.
Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested Personal Information in a portable and readily usable format. Please note that Scout may be prohibited by law from disclosing copies of certain Personal Information when the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our systems, or your account. We are only required by law to respond to two access requests from you within a 12-month period.
Right to Correct. If you discover that we maintain inaccurate Personal Information about you, or if your Personal Information changes, please inform us and we will update our records to reflect the correct information.
Right to Deletion. You have the right to request that we delete Personal Information that we collected from you and retained, with certain exceptions. Scout may permanently delete, de-identify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
No Selling Personal Information. Scout does not and will never sell your Personal Information to third parties.
Sharing Personal Information. Scout may share Personal Information we collect via cookies and other tracing technologies with third parties for cross-contextual behavioral advertising purposes. You can opt-out of this sharing by adjusting your cookie settings or by submitting a Consumer Privacy Request.
Limited Use and Disclosure of Sensitive Personal Information. Scout does not seek to collect sensitive Personal Information from any consumer. If a Customer chooses to input sensitive Personal Information into the Platform, we will not use or disclose Sensitive Personal Information for the purpose of inferring characteristics about any consumer. If this ever changes in the future, we will update this Privacy Notice and provide you with methods to limit use and disclosure of Sensitive Personal Information. However, we have no control over whether our Customers may use or disclose their contacts’ sensitive Personal information for any particular purpose. If you are a Contact of our Customers, please direct any questions about your sensitive Personal Information to the respective Customer.
Right to Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under the CCPA.
Right to Disclosure of Marketing Information. Under California’s Shine the Light Act (Ca. Civ. Code § 1798.83-1798.84), California Consumers are entitled to request certain disclosures about Personal Information sharing with affiliates and/or third parties for marketing purposes. Please contact us if you wish to obtain these disclosures.
California Consumers may exercise these rights over their Personal Information by logging into their Customer account or by sending us a verifiable Consumer Privacy Request, subject to any exceptions and limitations that may apply.
EMPLOYEE DATA EXCEPTION
In many cases, the Personal Information we collect about you is in a business-to-business context when you are acting as an employee to a Customer or potential Customer in the performance of your job duties. Please note that Personal Information collected and used in this context is not protected under the CCPA.
ADDITIONAL TERMS REGARDING THE USE OF SCOUT'S APPLICATION AND GOOGLE USER DATA
Scout's platform complies with the Google API Services user Data Policy, including the Limited Use requirements. Any use and transfer of information received from Google API’s from Scout's platform to any other applications will require to adhere to Google API Services User Data Policy, including the Limited Use requirements.
Notwithstanding anything else in the present Terms & Conditions, if the you provides Scout access to your Gmail user data, Scout shall:
only use access to read, write, modify, or control Gmail message bodies (including attachments), metadata, headers, and settings, allowing Scout to provide a web email client for you to compose, send, read, and process emails;
never transfer such data to other parties unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets;
in no way use such data for its management of customer acquisition and marketing activities;
in no way use such data to serve advertisements;
not allow humans to read this data unless Scout has your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for Scout's internal operations, and even then, only when the data have been aggregated and anonymized.
Scout implements reasonable and appropriate security procedures and practices to help protect your Personal Information from unauthorized or illegal access, destruction, use, modification, or disclosure.
All data is stored on secure servers that are individually audited and certified by various internationally recognized compliance standards, including SOC 1, SOC 2, PCI-DSS, ISO/IEC 27001:2013 Certification and EU-U.S. and Swiss-U.S. Privacy Shield Certification.
We ensure that Scout employees, contractors, and agents responsible for handling your inquiries are informed of applicable privacy law requirements and we restrict access to those who need that information in order to process it.
Please note, however, that no transmission of data over the internet is 100% secure. We cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes. We also have no control over our Customers’ security measures or practices, and we make no representations or guarantees that your Personal Information is secure once transmitted or stored on their systems.
It is your responsibility to keep your Customer account secure from unauthorized access. We encourage our Customers to take steps to protect against unauthorized access to their accounts, such as choosing a robust password, keeping the password private, and signing off after using a shared computer or other device. Scout is not responsible for any lost, stolen, or compromised passwords, or any unauthorized activity on your account.
Updated May 25, 2022