Terms of Use

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SCOLLAR WEBSITE AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS BETWEEN YOU AND SCOLLAR, INCORPORATED (“SCOLLAR”), A DELAWARE CORPORATION.

BY USING THE SCOLLAR WEBSITE (THE “WEBSITE”), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND SCOLLAR’S PRIVACY POLICY (“PRIVACY POLICY”). THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

DO NOT USE THE SCOLLAR WEBSITE IF YOU DO NOT AGREE TO THE TERMS OUTLINED HERE.

ACCESS TO THE SERVICES

The www.scollar.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by SCOLLAR in connection therewith (collectively, the “Website”) are owned and operated by SCOLLAR. Subject to the terms and conditions of this Agreement, SCOLLAR may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party.

The term “Services” includes, without limitation, use of the Website, any service SCOLLAR performs for you and the Content (as defined below) offered by SCOLLAR on the Website. SCOLLAR may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. SCOLLAR may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may choose to use the Services in connection with one or more Whistle devices (the “Product”).

ACCOUNTS

You may use the Services in connection with the Product only after you have purchased the Product and read and accepted the SCOLLAR Terms of Sale for the Product (“Product Terms of Sale”). SCOLLAR reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications.

Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. SCOLLAR does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to SCOLLAR or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as commercially possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at legal@scollar.com.

You represent and warrant to SCOLLAR that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to restricting access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

PURCHASES

If you wish to make a purchase through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your ACH information, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and that (ii) the information you supply to SCOLLAR is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant SCOLLAR the right to provide the information to these third parties subject to our Privacy Policy.

SCOLLAR reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in product pricing or description, error in your order or other reasons. SCOLLAR reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

AVAILABILITY, ERRORS AND INACCURACIES

SCOLLAR is constantly updating product and service offerings on the Service. SCOLLAR may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and SCOLLAR cannot guarantee the accuracy or completeness of any information found on the Service.

SCOLLAR therefore reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

INTELLECTUAL PROPERTY

The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of SCOLLAR and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. SCOLLAR trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SCOLLAR.

You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Service except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use.

If you violate any of these Terms of Use, your permission to use the Service automatically terminates and you must immediately destroy any copies you have made of any portion of the Service.

LINKS TO OTHER WEBSITES

The SCOLLAR Service may contain links to third party websites or services that are not owned or controlled by SCOLLAR. SCOLLAR has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. SCOLLAR does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SCOLLAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. SCOLLAR strongly advises you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

TERMINATION

SCOLLAR may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. You can deactivate your Account by contacting us.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SCOLLAR and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your Account and password; b) a breach of these Terms, or c) Content and User Content posted on the Service.

LIMITATION OF LIABILITY

In no event shall SCOLLAR ,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 Service, (ii) any conduct or content of any third party on the Service, (iii) any content obtained from the Service 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.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SCOLLAR, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

CHANGES

SCOLLAR reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material SCOLLAR will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at SCOLLAR’s sole discretion.

By continuing to access or use the SCOLLAR Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

If you have any questions about these Terms of Use, please contact us.

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