Last updated: 23rd September, 2021
Introduction
1.1 Contract
When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. You agree that by clicking “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with PreScouter (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Services
This Contract applies to PreScouter.com, PreScouter-branded apps, PreScouter Learning and other PreScouter-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including “Login with Paypal”. Registered users of our Services are “Members” and unregistered users are “Guests”.
PreScouter
You are entering into this Contract with PreScouter (also referred to as “we” and “us”).
As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and updates.
1.2 Members and Visitors
When you register and join the PreScouter Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
1.3 Change
We may make changes to the Contract.
We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
Obligations
2.1 Service Eligibility
Here are some promises that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one PreScouter account, which must be in your real name; and (3) you are not already restricted by PreScouter from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for PreScouter to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
You will keep your password a secret
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections). You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you.
2.3 Notices and Messages
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
2.4 Sharing
The information you share with us such as your personal details, education, experience etc can be shared as follows:
- Among our internal staff who use it to send you invitations for matching opportunities
- A brief summary of your profile may be shared with our clients when they are looking for experts in certain fields. However do not share your contact and other private information with anyone outside Prescouter.
Key terms
Rights and Limits
3.1. Your License to PreScouter
All content submitted by you is subject to the contractual terms and conditions agreed between you and PreScouter.
You and PreScouter agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
You promise to only provide information and content that you have the right to share, and that your PreScouter profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. PreScouter may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change or end any Service or modify our prices prospectively.
We may change, suspend or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted. PreScouter is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Limits
We have the right to limit how you connect and interact on our Services.
PreScouter reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. PreScouter reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.
3.4 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
PreScouter reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. PreScouter, and “in” logos and other PreScouter trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of PreScouter.
3.5 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations for Jobs and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
PreScouter AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PreScouter AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS PreScouter HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), PreScouter, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
PreScouter AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO PreScouter FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $100.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and PreScouter and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if PreScouter or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Termination
We can each end this Contract, but some rights and obligations survive.
Both you and PreScouter may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose the content you have submitted;
You can visit our Help Center to close your account.
Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, you and PreScouter agree to resolve it in illinois court (in the USA) using illinoi law.
General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that PreScouter has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that PreScouter may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
PreScouter “Dos and Don’ts”
PreScouter is a community of research professionals. This list of “Dos and Don’ts” limit what you can and cannot do on our Services.
8.1. Dos
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
8.2. Don’ts
You agree that you will not:
- Create a false identity on PreScouter, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of PreScouter;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
- Violate the intellectual property or other rights of PreScouter, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “PreScouter” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by PreScouter without our express consent (e.g., representing yourself as an accredited PreScouter trainer);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without PreScouter’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without PreScouter’s consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Complaints Regarding Content
Contact information for complaints about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. Please contact us if you have any complaints.
How to Contact us
Our Contact information. Our Help Center also provides information about our Services.
For general inquiries, you may contact us online. For legal notices or service of process, you may write to us at these addresses.
PreScouter, Inc.
Attn: Privacy
29 E Madison St., Suite 500
Chicago, IL 60602