Terms of Use

Terms of Use

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Terms of Use

TroopScore LLC, together with our related, affiliated and/or subsidiary companies (hereinafter referred to as “TroopScore,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our products and services (collectively, the “Products and Services”), which are made available to you through a variety of platforms, including, but not limited to, www.troopscore.com (the “Website”) and our mobile app, which is accessible through tablets, cell phones, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” Please refer to the TroopScore Community Guidelines for any questions about expected behavior when interacting with other members.

By accessing this Website, you hereby accept these Terms of Use.  If you do not agree to all of these Terms of Use, do not use this Website.

This Platform Does Not Provide Medical Advice

The Website, the App, the Products and Services, and the Content are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider for answers to any questions you may have regarding a medical or health related condition. The Website, the App, the Products and Services, or the Content is not intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on our Platform. Reliance on the Website, the App, the Products and Services, and the Content is solely at your own risk.

We do not recommend or endorse any particular Healthcare Provider (defined below) whose information, reviews, or ratings appear on our Platform. TroopScore is forum that provides the aforementioned content regarding Healthcare Providers. No Content or other information contained on the Platform should be construed as a recommendation or endorsement of a particular Healthcare Provider. The Content and other information on Platform include statements of opinion, which are not statements of fact or our recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Healthcare Provider. The opinions expressed on Platform are those of our users and not ours. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for any condition, including specific treatments or health conditions.

You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through our Platform. You specifically acknowledge and agree that we are not responsible or liable for any advice, treatment or other services rendered by any Healthcare Provider, or for any claims (malpractice or otherwise) that may arise directly or indirectly from any such advice, treatment or other services.

Definitions

  1. Parties

“You” and “Your” refer to you, as a user of the Website. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Website.

  1. Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through or in connection with the Platform, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Platform. “TroopScore Content” means Content that we create and make available in connection with the Platform. “Third Party Content” means Content that originates from parties other than TroopScore or its users, which is made available in connection with the Platform. “Website Content” means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and TroopScore Content.

Description of Platform

Through the Platform, TroopScore offers information on physicians, psychologists, healthcare providers, healthcare facilities, long-term care facilities, hospitals, insurers and other providers of healthcare services and persons working on their behalves (collectively, the “Healthcare Providers”). TroopScore organizes key information to help you make informed choices in your search to independently assess particular Healthcare Providers. TroopScore enables such assessment by providing profiles, ratings, feedback, comments, indexes, scorecards, materials and other informative details about the Healthcare Providers arranged in a simple-to-use format.

Fees

The Platform is currently provided to you for free. However, we reserve the right to add begin charging fees at any time upon notice to You. This includes offering premium memberships to veterans and paid memberships to non-veterans.

Using the Platform

  1. Eligibility

To access or use the Platform, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Platform if you are a competitor of ours or if we have previously banned you from the Platform or closed your account.

  1. Permission to use the Platform

We grant you permission to use the Platform subject to the restrictions in these Terms of Use. Your use of the Platform is at Your own risk, including the risk that You might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

  1. Platform Availability

The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  1. User Accounts and Passwords

Access to certain areas of the Platform, the Content and the Products and Services are limited by a user identifier (“User ID”) and password, which are selected and/or supplied by You as part of registering for an account via the Website and/or the App (individually and collectively, the “TroopScore account”). By registering a TroopScore account, You represent, warrant and agree that: (i) You are at least 18 years of age, (ii) You are using Your actual identity, (iii) You have provided only true, accurate, current and complete information about You during the registration process, and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

Your account is for your personal, non-commercial use only. You may not impersonate someone else. By logging onto a TroopScore account using a password, You represent, warrant and agree that You are authorized to use such password and to engage in the activities that You conduct thereunder. You further agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your TroopScore account regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your TroopScore account, Your computer or Your mobile device. Accordingly, You release and hold harmless TroopScore Parties from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of Your TroopScore account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password to or with any third party.

You are responsible for maintaining the confidentiality of Your account password. You are also responsible for all activities that occur in connection with Your account. You agree to notify us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason. Your access to the Platform will terminate upon the termination of these Terms of Use for any reason at the sole discretion of TroopScore. If You wish to cancel Your TroopScore account password, or if You become aware of any loss, theft or unauthorized use of Your TroopScore account password, please notify TroopScore immediately by sending an e-mail to hello@TroopScore.com.

Content

  1. Responsibility for Your Content

The submission of Your Content, including personally identifiable information contained therein, is made voluntarily and is subject to the Privacy Policy. You alone are responsible for Your Content, and once published, it is in the sole discretion of TroopScore as to whether Your Content can be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by You of information in Your Content that makes you personally identifiable. You represent that You own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by TroopScore.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You agree to defend (at TroopScore Parties’ (as defined below) option and at your sole expense), indemnify and hold TroopScore Parties harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which any TroopScore Party may incur as a result of Your Content.

With respect to Your Content, You represent, warrant and covenant that:

  1. If Your Content concerns Healthcare Providers, Your Content will be true and accurate, will be Your original work, only concern or relate to the care or service that You received from the Healthcare Providers being reviewed, that You are not related to or employed by the Healthcare Providers being reviewed and that You are not impersonating any other person;
  2. If You are a Healthcare Provider submitting or editing any content, Your Content will be true and accurate, will be Your original work, You are the Healthcare Provider specifically identified in the Content being submitted or edited, and Your Content will only concern You and the services that You provide.
  3. If You are a person authorized by a Healthcare Provider to submit or edit content specifically related to that Healthcare Provider, Your Content will be true and accurate, will be Your original work, You are authorized by the Healthcare Provider identified in the Content being submitted or edited to make such edits and Your Content will only concern that Healthcare Provider and the services provided by that Healthcare Provider.
  4. You have the right to submit Your Content without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Content will not contain any content, personally identifiable information (other than the name of the Healthcare Providers being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
  5. Your Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, disparage or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Content may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, (viii) are deemed confidential by any contract or policy, or (ix) promote violence, firearms, ammunition, or weapons.

TroopScore retains the right to review and delete or remove from public view on the Platform and delete from any other media or server where Your Content may be stored or displayed by or on behalf of TroopScore, any Contents which TroopScore in its sole discretion considers illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of these Terms of Use. If notified of an allegation that the Platform contains infringing information, materials or other content, TroopScore may investigate the allegation and determine in TroopScore’s sole discretion whether to remove or request the removal of the same from the Platform and from any other media or server where the infringing Content may be stored or displayed by TroopScore. Notices to TroopScore regarding any alleged copyright infringement should be sent to TroopScore at hello@TroopScore.com.

  1. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Website and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against TroopScore and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

  1. Ownership

As between You and TroopScore, You own Your Content. We own the TroopScore Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the TroopScore Content and the Platform, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the TroopScore Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant You any express or implied rights, and all rights in and to the Platform and the TroopScore Content are retained by us.

  1. Other

User Content (including any that may have been created by users employed or contracted by TroopScore) does not necessarily reflect the opinion of TroopScore. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to You. We have no obligation to retain or provide You with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

Website Monitoring

TroopScore reserves the right to view, monitor, and record activity on the Platform without notice or permission to You. TroopScore may monitor or review any areas on the Platform where Users transmit or post communications or communicate solely with each other, for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with these Terms of Use. However, TroopScore has no obligation to monitor, moderate or review any or all Content, or every posting or communication, and TroopScore disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, defamation, privacy, obscenity, or otherwise. Any information or material placed on the Platform by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent the views of TroopScore. TroopScore reserves all of its rights to discontinue in its sole discretion the Products and Services provided on the Platform in general or to any User or Healthcare Provider at any time.

Subject to the terms of the Privacy Policy, TroopScore may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if TroopScore believes in good faith that the law or legal process requires it, (ii) if such disclosure is necessary or appropriate to operate the Platform, or (iii) to protect TroopScore’s rights and property or the rights and property of TroopScore’s Users and business partners.

Privacy Policy

TroopScore recognizes the importance of protecting the privacy of Users and visitors to our Platform. The Privacy Policy is incorporated and made part of this Terms of Use. To view the most current version of the Privacy Policy, please visit the Privacy Policy page on the Website. Any changes to the Privacy Policy will be communicated on the Privacy Policy page on the Website.

Third Parties and External Links

Internet websites and mobile applications that are not owned, operated or controlled by TroopScore (“other websites and applications”) may link to or from our Platform or allow You to download or launch the App. Such other websites and applications contain information created, published, maintained, or otherwise posted by third-parties not related to and otherwise independent of TroopScore and over which TroopScore has no control. TroopScore does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. TroopScore provides the links only as a convenience. Use of any information obtained from such other websites and applications is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those other websites’ and applications’ respective terms of use and privacy policies. Once You leave the Website, Our terms and policies no longer govern, and therefore, You should review the terms an policies of the other websites and applications. Neither the inclusion of the link on the Platform nor reference on the other websites and applications to any Healthcare Provider, product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by TroopScore. You acknowledge and agree that TroopScore shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. Moreover, any information that You provide to third-parties accessed through a link on our Platform are subject to the privacy policies of that third party, and not TroopScore.

TroopScore does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and applications and You acknowledge and agree that TroopScore shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. TroopScore does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to our Platform. Unless approved in writing in advance by TroopScore, You agree not to: (i) provide or create a link to our Platform, or (ii) create any frames at any other websites or mobile applications pertaining to any of the Content located on our Platform.

Disclaimers

NONE OF TROOPSCORE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS OR SUPPLIERS (COLLECTIVELY, THE “TROOPSCORE PARTIES”) ENDORSE ANY USER, HEALTHCARE PROVIDER OR ANY CONTENT POSTED BY ANY USER OR HEALTHCARE PROVIDER (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVISE EXPRESSED BY ANY USER OR HEALTHCARE PROVIDER).

YOU AGREE THAT YOUR USE OF THE PLATFORM AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS THERETO AT ANY TIME WITHOUT NOTICE. THE PLATFORM AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TROOPSCORE PARTIES DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE PLATFORM.

SOME OF THE CONTENT, INCLUDING BUT NOT LIMITED TO HEALTHCARE PROVIDER INFORMATION, DATA, RESEARCH, ANALYSIS, REVIEWS AND RATINGS ARE PROVIDED BY THIRD PARTY INFORMATION PROVIDERS. NONE OF THE TROOPSCORE PARTIES MAKE ANY REPRESENTATION WITH RESPECT TO, OR GUARANTY OR ENDORSE THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF ANY INFORMATION, MATERIALS OR OTHER DATA PROVIDED BY ANY SUCH THIRD PARTY INFORMATION PROVIDERS.

NONE OF THE TROOPSCORE PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE PLATFORM OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. TROOPSCORE PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM HEALTHCARE PROVIDERS OR THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THE PLATFORM, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PLATFORM, THE PRODUCTS OR SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SAME. NONE OF THE TROOPSCORE PARTIES WILL BE LIABLE FOR ANY DAMAGES OR INJURY FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (WHERE NEGLIGENCE IS THE STANDARD OF CULPABILITY) CAUSED BY YOUR USE OF THE PLATFORM, OR THE CONTENT OR THE PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. NONE OF THE TROOPSCORE PARTIES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE PLATFORM, AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE PLATFORM, EVEN IF A TROOPSCORE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE TROOPSCORE PARTIES TO YOU FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE TROOPSCORE PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold TroopScore Parties harmless, including all costs, expenses and fees (including attorneys fees), from any claim, proceeding, damage, injury, liability, loss or demand arising out of or relating to (i) Your access to or use of the Website, (ii) Your violation of the Terms of Use, (iii) any Products or Services purchased or obtained by You in connection with the Website, or (iv) the infringement by You, or any third party using Your TroopScore account, of any intellectual property or other right of any person or entity. TroopScore 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. You agree not to settle any such matter without the prior written consent of TroopScore. TroopScore will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

Jurisdiction; Choice of Law; Venue

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, YOU EXPRESSLY AGREE THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE OR PROCEEDING RELATING TO YOUR ACCESS TO, OR DOWNLOADING, INSTALLATION OR USE OF, THE PLATFORM SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT LOCATED IN OF THE STATE OF NORTH CAROLINA, U.S.A., AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN THESE COURTS IN ANY SUCH DISPUTE OR PROCEEDING.

THESE TERMS OF USE ARE GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF NORTH CAROLINA, U.S.A., WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES. IF ANY PROVISION OF THESE TERMS OF USE IS FOUND TO BE INVALID BY ANY COURT HAVING COMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THESE TERMS OF USE, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. NO WAIVER OF ANY OF THESE TERMS OF USE SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR CONDITION OR ANY OTHER TERM OR CONDITION.

Arbitration and Class Action Waiver

Any controversy or dispute between You and TroopScore (the “parties”) concerning the Platform, the Content, these Terms of Use and/or all matters or issues collateral thereto (each, a “Dispute”) shall be submitted to final and binding arbitration as the sole and exclusive remedy for such Dispute. Neither of the parties shall have the right to litigate any claim in court or to have the claim decided by a judge or jury. Discovery rights, such as each party’s rights to the exchange of prehearing information or prehearing taking of sworn testimony may also be limited in arbitration. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Asheville, North Carolina. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of these Terms of Use or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

You agree that any arbitration or proceeding shall be limited to the Dispute between TroopScore and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Severability

If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

 

Entire Agreement

These Terms of Use constitutes the entire agreement between You and TroopScore with respect to Your use of the Platform, the Content and the Products and Services, and supersedes any and all prior understandings or agreements between You and TroopScore, whether written or oral. You acknowledge that, in providing You access to and use of the Platform, the Content and the Products and Services, TroopScore has relied on Your acceptance of these Terms of Use. Failure to insist on strict performance of any provisions of these Terms of Use will not constitute a waiver of any breach or failure of performance.

If you have any comments or questions regarding our Terms of Use, please contact us at hello@troopscore.com

Last Updated Friday, 18 August 2017

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