EFFECTIVE DECEMBER 17th, 2020
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 SHOULD 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 websites, products, services and applications (the “Services”).
Will these Terms ever change?
We are constantly improving our Services, and in doing so, these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, effective upon your acceptance of the new Terms.
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, it means you agree to be bound by all such changes to the Terms and such changes will supersede any prior Terms or other agreements with you.
How do I start using Scoop?
Scoop provides a means to enable people who seek a carpool ride to and from work ("Riders") to be matched with other commuters, like your co-workers and neighbors driving near or to those destinations ("Drivers").
You promise to provide us with accurate, complete, and updated registration information (including, but not limited to, name, email, phone number, credit card information) about yourself. You may not input a fake or fraudulent name, or another person’s name with the intent to impersonate that person. You may not transfer your account or share your account with anyone else without our prior written permission.
What about my privacy?
Who can use Scoop?
You represent and warrant that you are an individual of at least 18 years of age 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.
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.
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.
To the extent permitted by law, Scoop reserves the right to refuse or deny access to its Services at any time to any user and within its sole discretion.
What are the requirements for being a Scoop user?
By using the Services, you represent and agree that:
- You will not discriminate or harass anyone on any illegal basis, including but not limited to, the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
You’re responsible for any activity associated with your account. As such, you also represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
- Provides misinformation or provides information with the intent to deceive Scoop with respect to usage, such as, but not limited to, providing inaccurate or false trip information, having multiple accounts, using fraudulent names or using names which you do not have the right to use;
- 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;
- Jeopardizes the security of your Scoop account or anyone else’s (such as allowing someone else to log in to the Services as you or sharing your password with anyone);
- 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.
If your account is suspected of any of the violations above, you agree to participate in any investigations, including responding to requests for information and providing necessary documentation. If you are found in violation of any of the above, Scoop reserves the right to deactivate your account and recoup any funds that may have been issued to you in connection with the Services. Additionally, should your account be associated with an Affiliated Partner, your violation of any of the above or our Community Guidelines or Health & Safety Guidelines may be shared with such partners in Scoop’s sole discretion.
Additionally, in order to access the Services, you may be required to sign up for an account using your email address and mobile phone number. Through your email address and mobile phone number, you will receive messages from Scoop and other users relating to your use of the Services. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your Scoop account information.
By using the Services, you agree that we may communicate with you by automated SMS, MMS, text message or other electronic means to your mobile device, and your wireless service carrier’s standard charges, data rates and other fees may apply. Message frequency depends on your interaction with the Service. These communications, including SMS messages, may relate to your use of the Services as well as marketing and promotional information. You can discontinue SMS communications from Scoop at any time by replying to any text message from Scoop with “STOP” to stop SMS communications or “HELP” for instructions on how to unsubscribe. If you would ever like to re-subscribe to these SMS messages, please contact firstname.lastname@example.org. If you have any questions about your text message or data plan, contact your wireless carrier.
Scoop, at its sole discretion, may make available promotions, referral programs, and loyalty programs with different features to any Scoop users or prospective Scoop users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Scoop. Scoop reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Scoop determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Scoop reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
For Commute, are there any additional requirements
When using Scoop commute, you are a part of a larger community of individuals. Scoop commute provides a means to enable people who seek a carpool ride to and from work ("Riders") to be matched with other commuters, like your co-workers and neighbors driving near or to those destinations ("Drivers"). We have certain expectations about what it means to be part of that community, and these can be found in Scoop’s Community Guidelines found here, and Scoop’s Health & Safety Guidelines found here, both of which are incorporated into these Terms. In order to use our Services, you must abide and agree to the Community Guidelines and Health & Safety Guidelines, as updated from time to time.
For Commute, are there any additional requirements to being a Driver?
If you use the Services as a Driver, you further represent, warrant, and agree that:
- You are at least 18 years of age.
- You possess a valid, current driver's license and are authorized to operate a motor vehicle in all jurisdictions in which you use the Services.
- You are medically fit to drive in accordance with applicable law.
- You own, or have the legal right to operate, the vehicle you use when commuting with 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.
- You are named or scheduled on a valid insurance policy and have knowledge that it satisfies relevant state and local laws and covers your use of the Services, including the vehicle and locations you use when commuting with Riders.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) and have knowledge that such liability insurance covers any losses related to the operation of your vehicle, your provision of rides to Riders, and your use of the Services.
- You will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle you use to commute with Riders, including, but not limited to personal injuries, death and property damages.
- 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.
- In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with your insurance carrier.
- You will obey all local laws, including traffic laws, related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
- You will not make any misrepresentation regarding Scoop, the Services or your status as a Driver, offer or provide transportation service for profit, as a public carrier, taxi service, livery, or Transportation Network Company (“TNC”), charge for rides or otherwise seek compensation from Riders other than the reimbursement Scoop seeks on your behalf, or engage in any other activity in a manner that is inconsistent with your obligations under these Terms.
- You will not accept cash payments or any other form of compensation directly from Riders or other passengers.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You are an independent third party volunteering to drive others in a share the expense carpooling arrangement, and are not an employee or agent of Scoop.
- You will cooperate fully with Scoop in the event that Scoop chooses to verify any or all of these Driver requirements.
What are the consequences for not complying with the foregoing sections or the Terms overall?
A violation of any of the foregoing, the Community Guidelines, or any other portion of the Terms, is grounds for termination of your right to use the Services, a deactivation of your account, and recoupment of any amounts distributed to you in connection with the Services.
For Commute, Is Scoop a Ride-hail or Rideshare or Transportation Network Company (“TNC”)?
Scoop is a carpooling service, not a Ride-hail or Rideshare company, also known as a transportation network company. Scoop does not provide transportation services, and Scoop is not a transportation carrier. Scoop offers information and a method to connect drivers and riders with each other to commute to and from work during work hours, but does not:
- Permit shared commutes outside the purpose of getting to or from work (i.e. Scoop is not an on-demand service, and does not operate at all times of day or night);
- Allow users to commute with Scoop more than twice a day;
- Allow Payments from Riders to Drivers other than reimbursements to share the expense of the commute;
- Pair Riders with Drivers that are not closely tied to the Drivers original commute route, such as with neighbors and co-workers;
- Provide or intend to provide transportation services or act in any manner as a transportation carrier
- Hire Drivers as employees or contractors and allow them to make taxable income from trips.
It is the user’s decision, in his or her sole discretion and sole risk, whether to offer or accept a ride after being matched with another user through the Scoop services. Scoop has no responsibility or liability for any transportation services voluntarily provided by any Rider or Driver using Scoop.
What should I know if my account is associated with an Affiliated Partner?
Scoop partners with certain enterprise organizations, governmental entities, business parks and other organizations (our “Affiliated Partners”) to encourage use of the Services among their employees, contractors and other personnel.
If your account is associated with Scoop through an Affiliated Partner (such as your employer), then, by using the Services, you acknowledge and agree to the following:
- Your usage is strictly voluntary and does not in any way imply that you are acting in the course and scope of your employment, nor does it establish an employer-employee or agency relationship with Scoop or its Affiliated Partners;
- For commute, time spent as a Rider or Driver is not compensable time;
- Scoop’s Affiliated Partners will not play any role in determining the amount of any Reimbursements;
- For commute, any issues, concerns or disputes between Riders, Drivers, and/or the wider public are not employment disputes subject to investigation or resolution by Affiliated Partners and should be addressed between the relevant parties;
- Scoop and its Affiliated Partners are not responsible or liable for any injury, illness, death, damage, destruction of property, or other loss resulting from usage of the Services;
- You assume and accept any and all risk of injury, illness, death, damage, destruction of property, or other loss associated with the Services, including the risk of exposure to or illness from COVID-19;
- For commute, Affiliated Partners are not responsible for ensuring the quality or safety of Scoop users, or for ensuring that Drivers’ vehicles are roadworthy or sufficiently insured; and You will not be covered by workers’ compensation for any resulting injuries or damages; and
- For commute, if your account is associated with an Affiliated Partner, Scoop may provide you with backup commute credits. These credits are non-cash-benefits, meaning they’re non-transferrable, cannot be redeemed for cash, and do not rollover.
Who is responsible for issues between Scoop users?
SCOOP DOES NOT GUARANTEE THE SUITABILITY, SAFETY, ELIGIBILITY, HEALTH OR ABILITY OF DRIVERS OR RIDERS. AS A USER OF SCOOP, IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER OR RIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. SCOOP IS NOT OBLIGATED TO PARTICIPATE IN DISPUTES BETWEEN YOU AND ANY OTHER USER OF SCOOP. 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 PARTICIPATION WITH 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 RELATED TO TRAVELLING WITH THE INDIVIDUALS MATCHED WITH YOU IN CONNECTION WITH THE SERVICES. SCOOP SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY, OR OBLIGATION ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES, TRANSACTIONS OR RELATIONSHIPS WITH DRIVERS OR RIDERS, AND/OR ANY RIDES OR TRIPS YOU TAKE IN CONNECTION WITH SCOOP’S SERVICES.
If there is a dispute between Scoop users, or between users and any third party, you agree that Scoop and its Affiliated Partners are under no obligation to be responsible for or to become involved in such disputes.
By using the Services, you agree to the following informed consent, waiver and release:
You hereby release, waive, and forever discharge Scoop, its Affiliated Partners, and their officers, directors, employees, agents, suppliers, 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 any disputes you may have with other users or third parties and/or our damages, injury, death, destruction of property or other losses resulting from your use of the Services, including actions, claims, or demands resulting in whole or in part from the negligence or gross negligence of Scoop, any Affiliated Partner, or their officers, directors, employees, agents, suppliers, and successors.
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."
What are my rights in Scoop’s intellectual property?
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?
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 contribute to 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 Scoop is not responsible for which people gain access to the Services.
You are solely responsible for all information and 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 activity associated with your account in connection with the Services.
Who is responsible for third party links?
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.
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.
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.
For Commute, how does Scoop facilitate sharing the costs of a Scoop carpool?
You understand and agree that use of the Services as a Rider will generally require you to pay a reimbursement of a portion of the costs incurred by a Driver as determined by Scoop (“Reimbursement”). You agree that you will remit such Reimbursement solely and directly to Scoop, not to a Driver. You further agree that you shall not give a Driver an amount in excess of the Reimbursement. 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 agent, using the preferred payment method designated in your account. Reimbursements paid by you are final and non refundable, unless otherwise determined by Scoop. Riders are not liable to Drivers if Scoop fails to remit your settled Reimbursement to the Driver.
If you are serving as a Driver, you authorize Scoop to receive funds from the Rider on your behalf for payment to you and for Scoop to act as your agent with respect to collection and settlement of Reimbursements. Payment of the Reimbursement in such a manner should be considered by the Driver and the Rider the same as a Reimbursement made directly by the Rider to the Driver
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 use a secondary payment method in your account, if available, or recoup payment by some other means.
In order to facilitate an ease of use with the Services, Scoop may apply your money you accrue in your Scoop account for Driver Reimbursements or promotions (your “Scoop Balance”) towards any charges associated with your account, such as Reimbursement you owe as a Rider or cancellation charges you may accrue. Subject to our then current minimum “cash out” amount, you may elect to reduce your Scoop Balance in exchange for money to be deposited into a qualifying bank account designated by you. You acknowledge and agree that Scoop may combine your Scoop Balance with other Scoop Balances, and no interest shall accrue to you from any such balances. If your account is inactive for twelve months or longer, we may deposit your Scoop Balance into the account designated by you.
From time to time, such as during account registration, Scoop offers promotional “carpool credits.” These credits have no monetary value and are subject to expiration. You agree that Scoop’s promotional offers and discounts to other users have no bearing on your use of the Services unless also made directly available to you.
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 without notice, for any reason in our discretion, including your breach of these Terms, fraud, abuse of the Services or any promotions, or any violation of law as determined by the sole judgement of Scoop. Scoop has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms or applicable law. To the extent permitted by law, we may seek to recover from you any funds, offset your Scoop Balance, or cancel any carpool credits that you may have obtained while in violation of these Terms or applicable law.
Account deactivation may result in destruction of any Content associated with your account, so keep that in mind before you decide to deactivate 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:
- 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.
What else do I need to know?
Warranty Disclaimer. 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, INDEMNITY OR OTHERWISE) SHALL SCOOP OR ITS AFFILIATED PARTNERS (OR ITS OR THEIR 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, OR LOSS OF INSURANCE COVERAGE, 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 ANY 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.
COVID-19 RELEASE OF LIABILITY AND ASSUMPTION OF RISK
You are aware the 2019 novel coronavirus disease (COVID-19) OR other infectious diseases (collectively, the "Disease") ARE HIGHLY CONTAGIOUS and there is a risk that You may be exposed to or contract the Disease by participating in the Scoop Services. You understand and acknowledge that: 1) such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage, 2) this risk may result from or be compounded by the actions, omissions, or negligence of others, and 3) while Scoop has implemented preventative measures to reduce the spread of the Disease, Scoop cannot guarantee that You will not become infected with the Disease while participating in a Scoop carpool. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE SCOOP SERVICES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASE, ARISING FROM YOUR PARTICIPATION IN THE SCOOP SERVICES, WHETHER CAUSED BY THE NEGLIGENCE OF SCOOP OR OTHERWISE. You hereby expressly waive and release any and all claims, now known or hereafter known, against Scoop, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to your participation in the Scoop Services and being exposed to or contracting the Disease, whether arising out of the negligence of Scoop or any Releasees or otherwise. You covenant not to make or bring any such claim against Scoop or any other Releasee, and forever release and discharge Scoop and all other Releasees from liability under such claims.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold Scoop, its Affiliated Partners, and its and their affiliates, officers, directors, agents, employees, 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 applicable law or 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). Scoop reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. In the event Scoop agrees that you may assume the defense of the matter, you agree not to settle any matter without the prior written consent of Scoop.
Assignment. 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. Any assignment attempt in violation of the Agreement shall be null and void.
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.
Miscellaneous. 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.
Entire Agreement/Severability. 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.
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 you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.