Terms of Use

Welcome to the Scout Motors website!

These General Terms of Use are entered into by and between you and Scout Motors Inc. (“Scout Motors,” “we,” “our,” or “us”). The following General Terms of Use, together with all other terms and policies posted on http://www.scoutmotors.com (the “Website”) and any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including our Privacy Policy found at https://www.scoutmotors.com/legal/privacy (the “Privacy Policy”) and our User-Generated Content Terms of Use found at https://www.scoutmotors.com/legal/user-generated-terms-of-use (the “UGC Terms”), all incorporated herein by reference together with any applicable laws and regulations. If you do not want to agree to these Terms of Use, including the agreements incorporated by reference herein, the Privacy Policy, or UGC Terms you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you do not meet all these requirements, you must not access or use the Website, including any content, functionality and services offered on or through the Website.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, WHICH INCLUDE AN AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OF USE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDINGS IN COURT, INCLUDING A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE NOT TO HAVE A TRIAL BY JURY AND NOT TO PROCEED WITH ANY DISPUTE AS PART OF A CLASS ACTION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If you object to any such changes, your sole recourse shall be to cease using this Website. Otherwise, your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

Scout Motors may cease all or part of the Website at any time without notice and is not obligated to retain or return any post, user generated content, or comment. If you do not agree to any of these Terms of Use, the Privacy Policy, or UGC Terms please do not use the Website.

The Privacy Policy found at https://www.scoutmotors.com/legal/privacy explains how we collect, secure, use, and disclose your personal information (“Personal Data”) in connection with our services. Our use of Personal Data will be in accordance with the Privacy Policy, and you hereby grant us the right to use your Personal Data consistent with these Terms of Use, including the Privacy Policy.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

While you may browse the Website without creating an account or profile, certain areas of the Website can only be used if the user has registered a profile. To access these areas of the Website, you may be asked to provide certain registration details including Personal Data, or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you create a username, password, or submit other security information, you must maintain confidentiality. Do not share your account access details with others or provide this information to non-Scout Motors approved applications, websites, or software. You agree to promptly report any unauthorized access or breaches, and you are responsible for all activity or transactions that occur under your account.

Further, we reserve the right to refuse, reject, or disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Website may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards described herein. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.

Scout Motors rights and permissions with respect to any User Contributions are outlined in the User-Generated Content Terms of Use found at https://www.scoutmotors.com/legal/user-generated-terms-of-use.

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

1. Link from your own or certain third-party websites to content on this Website.

2. Send e-mails or other communications with certain content on this Website or links to certain content on this Website.

3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content on this Website that they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

1. Establish a link from any website that is not owned by you.

2. Cause the Website or any portion of the Website to be displayed or appear to be displayed by, (for example, framing, deep linking or in-line linking) on any other site.

3. Link to any part of the Website other than the homepage.

4. Retransmit content from the Website or make it available via frames or in-line links.

5. Otherwise take any action with respect to content on this Website that is inconsistent with any other provision of these Terms of Use.

The website to which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable any or all social media features and any links at any time without notice at our discretion.

You may use the Website only for lawful purposes and in accordance with these Terms of Use.You agree not to use any of the Website:

1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

2. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

3. To impersonate or attempt to impersonate Scout Motors, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Scout Motors or users of the Website or expose them to liability.

Additionally, you agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

4. Use any device, software or routine that interferes with the proper working of the Website.

5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

8. Alter headers or manipulate identifiers to conceal the origin of any User Contributions posted to a community forums area.

9. Otherwise attempt to interfere with the proper working of the Website.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Scout Motors, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and Scout Motors, its licensors, or other providers of such material (as applicable) expressly reserve all rights in and to all content on the Website. No license is granted to you in connection with any such content, and any unauthorized use or misuse of such content is prohibited as provided by these Terms of Use. You cannot reproduce, modify, create derivative works of, distribute, download, display, republish, store, transmit, or sell, in any form in part or in whole, any of the content on the Website without express permission of the copyright owner prior to the action, except as it relates to personal, non-commercial, or editorial use. A license for your personal, non-commercial, or editorial use to display, copy, distribute, print and/or download the content is granted but, you must not: (a) modify the content; or (b) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If you do modify the content, you must have prior written permission to do so. Editorial use refers to any non-commercial use by a media outlet to produce content (e.g., articles, blogs, videos, etc.) associated with Scout Motors business and/or products. You may print copies of the information for your personal use, store the files for your personal use, or reference this Website for your own use/information. In our or their sole discretion, Scout Motors or its licensors may seek to enforce our respective intellectual property rights to the fullest extent of the law, including through criminal prosecution.

The trademarks, logos, and service marks (collectively, “Marks”) displayed with the provision of our goods and services are the property of Scout Motors or third parties. Scout Motors Marks may only be used under limited circumstances and with our prior written approval. Approvals are provided on a case-by-case basis. All approved uses must be in strict accordance with our Trademark and Brand Guidelines, which also includes a non-exhaustive list of Scout Motors Marks.

All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied or used on our Website in a way that constitutes copyright infringement, you may request removal of those materials (or access thereto) from the Website by submitting a written notification to copyrightrequests@scoutmotors.com. The written notice must include the following information:

1. A description of the copyrighted work that you claim has been infringed.

2. A description of where the material that you claim is infringing is located on our platform.

3. Your contact information, including address, telephone number, and email address.

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

We will respond to notices of alleged copyright infringement that include all the above-mentioned requirements and comply with applicable law, so long as the notices are properly provided to us. We reserve the right to remove any infringing content and terminate accounts of users who are infringers. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website, or by anyone who may be informed of any of their contents.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SCOUT MOTORS NOR ANY PERSON ASSOCIATED WITH SCOUT MOTORS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SCOUT MOTORS NOR ANYONE ASSOCIATED WITH SCOUT MOTORS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SCOUT MOTORS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL SCOUT MOTORS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Scout Motors, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

All matters relating to the Website, these Terms of Use, the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be solely and exclusively governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You and we agree that in the event of any disputes between us, we will first try to resolve it by talking with each other. If we are unsuccessful in resolving our disputes in this manner within a reasonable time period, you and Scout Motors each agree that, to the fullest extent provided by law:

1. Any controversy or claim arising out of or relating to these terms of use, or to any product or service provided under or in connection with these terms of use, will be settled by independent arbitration involving a neutral arbitrator and administered by the better business bureau (“BBB”) under BBB arbitration rules, as modified by these terms of use. BBB rules and fee information are available from us or the BBB. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court. There is no judge or jury in an arbitration proceeding;

2. Even if applicable law permits class actions or class arbitrations, you expressly waive any right to pursue on a class basis any such controversy or claim against Scout Motors, or any of our respective affiliates, officers, directors, agents, partners, licensors, employees, or predecessors in interest. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be stayed until any claims in that action that are subject to arbitration have been resolved. If claims are asserted against multiple parties, some of whom are not required to arbitrate, the claims subject to arbitration must be severed. However, you retain your right to file a complaint with any regulatory agency or commission;

3. In the event that the foregoing arbitration requirements do not apply, you and Scout Motors each waive, to the fullest extent allowed by law, any trial by jury, and a judge will decide any and all disputes; and

4. The parties also agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “arbitration confidential information”) shall not be disclosed to any third party except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose arbitration confidential information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, enforce or challenge an award in bona fide legal proceedings.

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms of Use by email to legal@scoutmotors.com or by mail to Scout Motors Inc., Attn: Office of the General Counsel, 1775 Tysons Blvd., 5th Floor, Tysons, VA 22102. If mailed, the Opt-Out Notice must be post-marked no later than thirty (30) days following the date you first agree to these Terms of Use. To be effective, your Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other or future arbitration agreements that you may have with us.

No waiver by Scout Motors of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Scout Motors to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use, including our Privacy Policy and UGC Terms, constitute the sole and entire agreement between you and Scout Motors regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

This Website is operated by Scout Motors Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in the section above entitled "Copyright Complaints."

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to copyrightrequests@scoutmotors.com.