Terms and Conditions | Scout. Real Estate.

 Ⓒ 2019 Scout.

1177 Avenue of the Americas, New York, NY 10036

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TERMS AND CONDITIONS

 

​Welcome to the website (the "Site") of Scout Holding Company ("Scout", "we", "us" and/or "our"). This Site is operated by Scout Holding Company and has been created to provide information about Scout and our services (together with the Site, the "Services") to our Service visitors ("you", "your"). this Privacy Policy sets forth Scout’s policy with respect to information including personally identifiable data ("Personal Data") and other information that is collected from visitors to the Site and our Services. You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain services (the “Services”).

 

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.

NON-SOLICITATION

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.

 

ARBITRATION

 

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.  

 

PRIVACY

 

INFORMATION WE COLLECT


When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below: Personal Data That You Provide Through the Services

We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever Scout collects Personal Data we make an effort to provide a link to this Privacy Policy. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Scout, and the authorized third parties referred to herein located in the United States.

COLLECTION OF PERSONAL DATA


When you request to use Scout’s Services, we may also collect information about you or your contacts from our service providers, partners, or other sources of publicly available information. 

 

The personal data that Scout may collect includes: 

 

  1. Biographic information, such as names and age; 

  2. Contact information, such as addresses, telephone numbers, email addresses, and professional networking or social media platform contact information; 

  3. Professional information, such as your title, industry, professional and employment background, and profile; 

  4. Preferences and interests, such as contact preferences, preferred language; 

  5. Credentials, such as usernames and passwords for Scout website accounts;  

  6. Financial data, such as credit and debit card or bank account information relating to your purchases from Scout; and  

  7. Other information you may provide to us. 

 

We may also collect other identifying information we may obtain from you, as disclosed in other policies or notices. 

 

You may choose not to provide us with your personal data. If you choose not to provide us with your personal data, we may be unable to provide you with all functional aspects of our products and services.  

 

Scout may store such information itself or such information may be included in databases owned and maintained by its affiliates, agents or service providers.

 

A. Providing Products and Services. 

 

We may use your contact information, or the contact information that you provide us, to communicate with you about our products or Services. Scout may also use your personal data to add new features or capabilities to our products or services or otherwise improve them. We may use your personal data to administer your website account with us. We may use your personal data to help us provide after-sales care, such as product servicing, warranties, or recalls. We may also use your personal data to produce aggregate or statistical data about our customers, users, products, services, or industry.  

 

Our legal bases for processing your personal data to provide you with our products and services are the performance of contracts and the furtherance of Scout’s legitimate business interests. 

 

Our legitimate business interests may relate to fraud detection and prevention, risk assessment, or improvement of our products and services. If you choose not to provide your personal data where it is required as part of a contract for our products or services or to create your website account, we may be unable to provide you with our products or services.  

 

B. Communications and Customer Service. 

 

Scout may use your personal data to communicate with you and provide you with customer service. For example, we may request personal data from you regarding financial status, homeownership, purchase history, or questions contained in surveys or contests. We may use survey information for monitoring or improving this website, our Services, or products. 

 

Additionally, we may use your personal data to respond to inquiries, provide support, address issues or disputes, or otherwise manage our relationship with you. We may also retain and use records regarding the content and nature of our communication with you, whether by email, telephone call, internet chat, fax or otherwise. We may merge personal data with other information Scout has about you. 

 

Our website allows users to engage in discussion by commenting on our blog posts. Note that blogs are public. Any information you include in a comment on a blog may be read, collected, and used by anyone. 

 

Participation in our surveys or contests is voluntary and you may choose to participate and disclose this personal data. We may use your contact information (such as name and billing address) and demographic information (such as zip code or age) for these surveys or contests. 

 

We may use this information to notify the winners and award prizes.  

 

Our legal bases for processing your personal data for communications and customer service purposes are your consent or furthering Scout’s legitimate business interests, which include continuing and improving customer relations and updating customer details and preferences.

 

COOKIES 

 

In operating the Services, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

AGGREGATED PERSONAL DATA


In an ongoing effort to better understand and serve the users of the Services, Scout often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Scout may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Scout may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

USE OF PERSONAL DATA

 

Scout uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Scout and its subsidiaries and affiliates (the "Scout Companies") may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Scout and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. If Scout intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

 

MARKETING

 

We may use your personal data so that we, or our affiliates, can market, advertise, or otherwise promote products and services that may be of interest to you based on your profile. We may advertise to you on websites or using email or professional networking or social media platforms. Unless you ask us not to, Scout may contact you in the future to tell you about new products or Services offered by Scout or its partners and affiliates. We may use your personal data for website analytics and customer relationship management purposes.  

 

Our legal basis for processing your personal data for marketing purposes is Scout’s legitimate business interests relating to marketing, advertising, and promoting our products and services. 



THIRD PARTY ANALYTICS

 

This Site uses Google Analytics, Adwords, and AdSense (“Google Services”) to collect data about our Site traffic via advertising cookies and anonymous identifiers. Google may serve ads across other websites that you visit based upon your past visits to our Site and may also serve our advertisements on other websites. We do not facilitate the merging of personal information with non-personal information previously collected through these Google Services. Any data collected will be used in accordance with these terms and Google’s privacy policy.
 

Parts of our Services may be linked up with other accounts you may have, such as your Facebook, Pinterest, Twitter, Instagram, or Google+ Account (“Third Party Accounts”). If you link to Third Party Accounts from our Services, we may collect some information about your use of the Third Party Account. We will only be able to collect the information if you have authorized the Third Party Service to provide us with that information or if you have made that information public. Additionally, if you mention us through your Third Party Account, we may collect information and content related to your comment that is publicly available. If you wish to limit the information available to us, you should be sure to manage the privacy settings of your Third Party Accounts. One thing we will not ever store is your Third Party Account password. If you link your account on the Services with a Third Party Account, we may also collect and store publicly available information about your contacts and friends from the linked Third Party Account. This information may include their photo, name, email address, birthday, interests or other content you can see when you access such profiles on those Third Party Services. We may also collect and store information if you invite other users to the Services by providing us with their Personal Information.

 

Marketing Communication. If you do not want us to send you marketing or promotional communications, you can opt-out by clicking the “unsubscribe” link in any such promotional emails, checking the relevant box located on the form on which we collect your data or emailing us at info@trustscout.com.

 

Google Analytics. You can opt out of tracking by Google Analytics by using Google’s Ads Settings or going to https://tools.google.com/dlpage/gaoptout/. You may also opt out of Google marketing products, but please note that this does not opt you out of being served generic ads.
 

DISCLOSURE OF PERSONAL DATA


In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

We may share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy. Agents, Consultants, and Related Third Parties. Examples of such functions include mailing information, maintaining databases and processing payments.

Exclusions

 

This Privacy Policy does not apply to any Personal Data collected by Scout other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Scout through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Scout shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Scout does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services.
 

SHARING INFORMATION

Scout may share your personal data for the purposes of providing our products or services, communications and customer service, marketing, and as a part of our legal and compliance obligations.  

 

When Scout shares your personal data, we do so consistent with this Privacy Policy or to the extent necessary to carry out the purposes described in this policy, and as required or permitted by applicable law.  

 

Our service providers may include information technology providers, communications technology providers, email or marketing services providers, contact information verification services providers, consultants, auditors, attorneys, outsourcing services service providers, financial services providers, payment processing and billing service providers, customer service providers, or others. 

 

In providing you with communications and customer service and marketing, we may share your personal data with customer relationship management service providers, advertising and marketing service providers, social media platforms (where you use those services to connect with us), and others. 

 

We may also share your personal data to comply with our legal and compliance obligations; enforce our agreements; detect, prevent, or address fraud or other suspected illegal activity; and protect our rights and the rights of others. As a part of legal and compliance efforts, we may share personal data with our attorneys, governmental entities, supervisory authorities, law enforcement agencies, or others as required or permitted by applicable law. Scout may share personal data as part of corporate transactions, such as mergers, acquisitions, or divestitures; however, your personal data remains subject to promises made in this Privacy Policy during those transactions. 

 

Scout may also share your personal data with its employees, contractors, service providers, and others.

 

DATA SOURCES

 

Scout may provide recommendations or Services based in part, based on information derived from public and private sources, such as the data partners, government records, MLS sources, and information that may be licensed or available in the public domain.  Scout may aggregate, supplement or enhance this with data from other trusted data suppliers. Scout may also collect and provide access to residential and commercial property information that it obtains itself, or its partners have a legal right to provide. Scout makes no representations or warranties with respect to the accuracy or completeness of such information and shall not be held liable for any omission or inaccuracy of such information thereof.

 

The following types of information may be used to provide Scout’s Services:


 

  • Public records: Records created and maintained by government agencies and open for public inspection and use.

  • Publicly available information: Information that is available to the general public from non-governmental sources.

  • Non-public available information: Information that is privately owned and is not available to the general public or that is generally offered for a fee for use and redistribution without restriction.

  • Openly available information: Information that has been made available without restriction by a property’s owner or representatives, typically for their own convenience, competitive advantage, business benefit or other commercial purposes.

  • Freely available information: Information that is accessible or available on the Internet or from other offline sources.

  • Derived information: Partial or derived information from any combination of the above sources that is assembled, aggregated, appended, calculated or associated together.

 

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. 

 

EQUAL HOUSING OPPORTUNITY

 

Scout is an equal housing opportunity provider. Consistent with applicable law, we do not discriminate on the basis of race, creed, color, national origin, sexual orientation, lawful source of income, military status, sex, gender identity, age, disability, familial status (having children under age 18), or religion. Equal Housing Opportunity.