PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Scoop. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, effective upon posting of updated terms on www.takescoop.com.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to be bound by the Terms in effect at the time of such use.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Scoop takes the privacy of its users very seriously.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com
By using the Services, you consent and agree to the collection, use, and disclosure of your personally identifiable information and any other information provided by you to Scoop. We may disclose personal information or any other information we collect when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement, or to protect the interests or safety of Scoop.
Scoop reserves the right to perform background checks on Users at any time. By using the Services, you consent and agree that Scoop may perform such background checks consistent will all applicable laws and regulations, and you waive any claims against Scoop for conducting such background checks.
What are the basics of using Scoop?
Scoop provides a means to enable persons who seek transportation to certain destinations ("Riders") to be matched with independent third party persons driving to those destinations ("Drivers").
You may be required to sign up for an account, using your email address (“Scoop User ID”), and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Scoop User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of at least 18 years of age, or the legal age of majority in your jurisdiction, and able to form a binding contract.
You will only use the Services for your own personal, noncommercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
To the extent permitted by law, Scoop reserves the right to refuse or deny access to its Services at any time and within its sole discretion.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Scoop);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Scoop account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
SCOOP DOES NOT PROVIDE TRANSPORTATION SERVICES, AND SCOOP IS NOT A TRANSPORTATION CARRIER OR A TRANSPORTATION NETWORK COMPANY. IT IS SOLELY UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER, AND IT IS SOLELY UP THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH SCOOP IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION AND AT THAT USER’S SOLE RISK. SCOOP OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY RIDER BY ANY DRIVER USING SCOOP.
SCOOP DOES NOT GUARANTEE THE SUITABILITY, SAFETY, ELIGIBILITY, OR ABILITY OF DRIVERS OR RIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER OR RIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. SCOOP WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A DRIVER OR RIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING DRIVERS OR RIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF DRIVERS OR RIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS SOLELY AT YOUR OWN RISK AND JUDGMENT. YOU ARE SOLELY RESPONSIBLE AND BEAR ALL RISKS FOR CHOOSING THE INDIVIDUALS WITH WHOM YOU TRAVEL. SCOOP SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY, OR OBLIGATION ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH DRIVERS OR RIDERS AND/OR ANY RIDES OR TRIPS YOU TAKE IN CONNECTION WITH SCOOP’S SERVICES.
What are my rights in Scoop?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or 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 Scoop’s) rights.
You understand that Scoop owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Do I have to grant any licenses to Scoop or to other users?
For all User Submissions, you hereby grant Scoop a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, 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 share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Scoop the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Scoop users and providing 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 the Services and/or otherwise in connection with Scoop’s business, provided that Scoop 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, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that Scoop, 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, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Scoop, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. 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. We 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.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
, and by using our Services, you agree to be bound by the applicable terms for such third party services.
For some of our Services, we use Google’s Maps API(s); by using such Services, you agree to be bound by Google’s Terms of Service available here
If you work in Alameda County, California, you acknowledge and agree that we may register you and accept the terms on your behalf for the Alameda County Transportation Commission Guaranteed Ride Home Program (“Program”), and you hereby agree to the Program Guidelines and Liability Waiver and General Release of All Claims available here.
In addition, you acknowledge and agree that you have read the rules and regulations of the Program, and recognize that you will be charged by the Program for any proven fraudulent use of the Program.
Scoop 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, Scoop will not and cannot monitor, verify, censor or edit the content of any third party site or service. 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. You agree that Scoop 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 Scoop is under no obligation to become involved and is in no way responsible. In the event that you have a dispute with one or more other users, you release Scoop, 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 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."
Will Scoop ever change the Services?
We’re always trying to improve the Services, so they may change over time. Scoop reserves the right to modify, suspend, or discontinue any part of the Services, impose limits on certain features, or restrict access to parts or all of the Services. You agree that Scoop will not be liable to you for any modification, suspension, or discontinuation of part or all of the Services. 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), in our sole discretion, and without notice.
Does Scoop cost anything?
You understand and agree that use of the Services as a Rider may require you to pay a reimbursement of a portion of the costs incurred by a Driver (“Reimbursement”). You agree that you will remit such Reimbursement solely and directly to Scoop, not to a Driver. You further agree that you shall neither give a Driver, nor accept when serving as a Driver, Reimbursement in excess of the costs the Driver incurred for the particular trip in which you participated. After you have received services obtained through your use of the Service, Scoop will facilitate payment of the applicable Reimbursement on behalf of the Driver, as such Driver’s limited Reimbursement collection agent, using the preferred payment method designated in your account. Payment of the Reimbursement in such a manner shall be considered the same as a Reimbursement made directly by you to the Driver. Reimbursements will be inclusive of applicable taxes where required by law. Reimbursements paid by you are final and nonrefundable, unless otherwise determined by Scoop.
All Reimbursements are due immediately and payment will be facilitated by Scoop using the preferred payment method designated in your account. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Scoop may, as the Driver’s limited Reimbursement collection agent, use a secondary payment method in your account, if available.
Scoop reserves the right to establish, remove and/or revise Reimbursements for any or all aspects of the Services at any time in Scoop’s sole discretion. Scoop may from time to time provide certain users with promotional offers and discounts that may result in different Reimbursements for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Reimbursements applied to you. You may elect to cancel your request for Services from a Driver at any time. If you elect to cancel your request for Services from a Driver after the Driver arrives, you will be charged for all or a portion of the Driver’s Reimbursement. Even if you elect to cancel your request for Services from a Driver prior to such Driver’s arrival, you may still be charged for all or a portion of the Driver’s Reimbursement, depending on when you cancel.
By using the Service, a Driver represents, warrants, and agrees that:
- Such Driver is at least 21 years of age.
- Such Driver possesses a valid, current driver's license and is authorized to operate a motor vehicle in all jurisdictions in which such Driver uses the Services.
- Such Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting Riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- Such Driver is named or scheduled on a valid insurance policy satisfying State and local laws where the vehicle is registered and covering the vehicle such Driver uses when accepting Riders.
Such Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver's vehicle to cover any anticipated losses related to such Driver's provision of rides to Riders.
Such Driver has no record of convictions for felonies, serious driving offenses, sex offenses, or crimes involving violence.
- Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.
In the event of a motor vehicle accident such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver's insurance carrier.
Such Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- Such Driver will not make any misrepresentation regarding Scoop, the Services or such Driver's status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek nonvoluntary compensation from Riders, or engage in any other activity in a manner that is inconsistent with such Driver's obligations under these Terms.
- Such Driver will not transport a Rider on any trip arranged through the Services which is in excess of one hundred (100) miles.
- Such Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- Such Driver is medically fit to drive in accordance with applicable law.
- Such Driver will not accept cash payments or any other form of compensation directly from passengers.
- Such Driver is an independent third party volunteering to drive others in a not-for-profit carpooling arrangement, and is not an employee or agent of Scoop or its affiliates.
- Such Driver will cooperate fully with Scoop in the event that Scoop chooses to verify any or all of these Driver Requirements.
When you are a Driver (or as part of a promotion or other offer), you may accrue credits (collectively, your “Scoop Balance”) in accordance with our credit accrual policy in effect at the time of accrual. In accordance with our policy in effect at the applicable time of application or reduction, your Scoop Balance may be applied towards trips you take as a Rider or (subject to our then current minimum “cash out” amount and applicable limits on promotional credits) you may elect to reduce your Scoop Balance in exchange for money to be deposited into a qualifying bank account designated by you. Please note that these rights (and the Scoop Balance) are contractual rights only and do not constitute or represent property or any right or interest in property; in any case (and notwithstanding any reference to any “account”), we are not holding any property (including money) for you or on your behalf, as a fiduciary or otherwise. If you have not accrued new credits or used any credits within a twelve (12) month period, your credits will expire and your Scoop Balance will go to zero.
What if I want to stop using Scoop?
Scoop is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms, without notice. Scoop has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
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.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Scoop App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
What else do I need to know?
- Both you and Scoop acknowledge that the Terms are concluded between you and Scoop only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Scoop, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Scoop, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Scoop acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Scoop acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Neither Scoop nor its licensors or suppliers makes any representations, guarantees, or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations, guarantees, or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Scoop or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY SCOOP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SCOOP (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SCOOP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, You agree to indemnify, defend, and hold Scoop, its affiliates, officers, directors, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) violation of these Terms by you. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that Scoop’s failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Scoop’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SCOOP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Scoop may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. You hereby acknowledge and agree that you are not an employee, agent, independent contractor, partner, or joint venture of Scoop, and that you do not have any authority of any kind to bind Scoop in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Scoop agree there are no third party beneficiaries intended under these Terms.
Waiver of Reliance on Advertising or Representations.
By using Scoop’s Services you agree that you are not relying in any way on any advertisements, representations, or statements made by Scoop or any of its employees, agents, contractors, or anyone else acting on its behalf in choosing to use the Services.
You and Scoop agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Scoop, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms. The failure of Scoop to exercise, in any way, any right herein shall not be deemed a waiver of any rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.