TERMS OF SERVICE
1.0. Introduction and Agreement
1.1. Acceptance of Terms. These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "User"), and ScoutFare ("ScoutFare," "we," "us," or "our"), concerning your access to and use of the scoutfare.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). 1.2. Consent. By accessing or utilizing the Site, you explicitly acknowledge that you have read, understood, and consented to be bound by the entirety of these Terms. SHOULD YOU NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY CEASE ALL USE. 1.3. Modifications. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the unequivocal right, in our sole discretion, to effectuate changes or modifications to these Terms at any time and for any reason, without prior notification.
2.0. Acceptable Use Policy
2.1. Permitted Conduct. Users are hereby granted a limited, non-exclusive, non-transferable, and revocable license to access and utilize the Site strictly in accordance with the provisions set forth in these Terms. 2.2. Prohibited Activities. You expressly agree not to employ the Site in any manner whatsoever that: 2.2.1. Constitutes, promotes, or facilitates any activity that is unlawful or illegal under applicable law. 2.2.2. Infringes upon, misappropriates, or otherwise violates the intellectual property rights, rights of publicity, or privacy rights belonging to ScoutFare or any third party. 2.2.3. Is harassing, defamatory, libelous, threatening, abusive, or otherwise objectionable to other users or third parties. 2.2.4. Involves the transmission or distribution of unsolicited commercial communications ("spam"), chain letters, or any other form of mass solicitation. 2.2.5. Contains or introduces software viruses, Trojan horses, worms, or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. 2.2.6. Attempts to gain unauthorized access to any portion or feature of the Site, other user accounts, computer systems, or networks connected to the Site or to any ScoutFare server, whether through hacking, password mining, or any other illicit means. 2.2.7. Interferes with, disrupts, or adversely impacts the integrity or performance of the Site or the data contained therein. 2.2.8. Impersonates any individual or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.
3.0. Intellectual Property Rights
3.1. ScoutFare's Property. The Site, inclusive of its original content, features, functionality, trademarks, service marks, and logos, are and shall remain the exclusive property of ScoutFare and its licensors. The Site is protected by copyright, trademark, and other applicable laws of both the United States and foreign jurisdictions. Our trademarks and trade dress shall not be utilized in connection with any product or service without the express prior written consent of ScoutFare. 3.2. User Content. To the extent that you upload, post, or submit any content to the Site ("User Content"), you hereby grant ScoutFare a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the Site and ScoutFare's business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
4.0. Disclaimers of Warranties
4.1. "As Is" Basis. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SCOUTFARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. 4.2. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCOUTFARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCOUTFARE DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM SCOUTFARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5.0. Limitation of Liability
5.1. General Limitation. IN NO EVENT SHALL SCOUTFARE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 5.2. Maximum Liability. NOTWITHSTANDING ANYTHING TO THE CON