SCOPERITE PLATFORM TERMS AND CONDITIONS OF USE AGREEMENT

This Terms and Conditions of Use Agreement (“Terms of Use”) is made by and between Scoperite, LLC (“Scoperite,” “we,” “us,” or “our”), a Colorado limited liability company, and you, the user (“you,” “your,” or “User”).

These Terms of Use contains the complete terms and conditions that govern the use of Scoperite’s website, including any subdomains thereof, and any other websites through which Scoperite makes its services available (collectively, the “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Mobile Application”) and all associated services (collectively, the “Services”). The Site, Mobile Application and Services together are hereinafter collectively referred to as the “Scoperite Platform.”

BY CLICKING THE “I AGREE” BUTTON BELOW, BY LOGGING IN TO YOUR ACCOUNT, OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SCOPERITE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE ANY PART OF THE SCOPERITE PLATFORM. SCOPERITE RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THESE TERMS OF USE AT SCOPERITE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SCOPERITE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

The most current version of these terms of use, which supersedes all previous versions, can be reviewed by going to [http://scoperite.com/terms/]. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Scoperite Platform shall constitute your acceptance thereof.

1. ACCESS TO THE SCOPERITE PLATFORM. To access the Scoperite Platform and any of its content, you must first be authorized to do so by a current, paid user of the Scoperite Platform (the “Scoperite Customer”), who will email you a link to create your account, which will give you limited access as determined by the Scoperite Customer. You will be asked to provide certain registration details or other information as part of your gaining access. It is a condition of your use of the Scoperite Platform that all the information you provide will be correct, current, and complete. If Scoperite believes the information you provide is not correct, current, or complete, Scoperite has the right to deny you access to the Scoperite Platform, or to any of its resources, and to terminate or suspend your access at any time.
2. COMPLIANCE WITH SCOPERITE PRIVACY POLICY. By using the Scoperite Platform you will have access to certain personal information of third parties (e.g. the homeowners whose insurance claims the Scoperite Customer is helping process). In some cases, if authorized by the Scoperite Customer, you may be able to add or edit information within the Scoperite Platform as well. By agreeing to these Terms of Use, you also agree to comply with the Scoperite Privacy Policy, which is fully incorporated by reference herein and may be found at [insert link to Privacy Policy].
3. APPLICABLE USE OF SITE. You may use the Scoperite Platform only for purposes expressly permitted by these Terms of Use, which is to facilitate the processing of insurance claims by the Scoperite Customer. As a condition of your use of the Scoperite Platform, you warrant to Scoperite that you will not use the Scoperite Platform for other purpose, or for any purpose that is unlawful, immoral, or otherwise prohibited by these Terms of Use and any applicable notices.
4. All content included on the Scoperite Platform is and shall continue to be the property of Scoperite and is protected under applicable copyright, patent, and trademark law, and the laws governing other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Scoperite Platform is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Scoperite Platform.
5. NO UNLAWFUL ACCESS. You agree that you will not use the Scoperite Platform in any manner that could in any way disable, overburden, damage, or impair the Scoperite Platform or otherwise interfere with any other party’s use and enjoyment of the Scoperite Platform. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Scoperite Platform.
6. NON-COMMERCIAL USE LIMITATION. Except as expressly allowed herein, you may not use the Scoperite Platform for any commercial purposes or any purpose that is not related to processing insurance claims. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Scoperite Platform, in whole or in part.
7. PROPRIETARY INFORMATION. All content found on the Scoperite Platform (the “Content”) is considered the copyrighted and trademarked intellectual property of Scoperite. No rights or title to any of the Content contained on the Scoperite Platform shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Scoperite in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
8. You hereby grant to Scoperite a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Scoperite through the Scoperite Platform including anything posted through the Communication Services (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Scoperite will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Scoperite operations or businesses.
9. USE OF COMMUNICATION SERVICES. The Scoperite Platform may contain discussion boards, chat areas, calendars, and/or other message or communication facilities designed to allow you to communicate with the other users of the Scoperite Platform, including the Scoperite Customer (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that is considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Scoperite Platform, or cause to be posted, sent, submitted, published or transmitted, any material that:

(i) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;

(iii) is vulgar, obscene, pornographic, incendiary, or indecent;

(iv) threatens or abuses others;

(v) is libelous or defamatory towards others;

(vi) is racist, abusive, harassing, threatening or offensive;

(vii) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;

(viii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(ix) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Scoperite Platform;

(x) solicits funds, advertisers, or sponsors for any purpose;

(xi) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;

(xii) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Scoperite Platform and/or any networks connected to the Scoperite Platform; or

(xiii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions.

You acknowledge that we do not pre-screen materials uploaded to the Communication Service, yet we have the right, but not the obligation, in our sole discretion, to refuse, remove, or delete any Content that violates these Terms of Use or is otherwise objectionable as determined by us in our sole discretion.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE WE EXPLICITLY PROHIBIT THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SCOPERITE PLATFORM IS ENTIRELY AT YOUR OWN RISK, AND THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, WE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SCOPERITE PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

10. RIGHT TO TERMINATE ACCESS. Scoperite reserves the right, but is not required, to monitor use of the Scoperite Platform to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Scoperite reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
11. DISCLOSURE UNDER LAW. Scoperite reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
12. PERSONALLY IDENTIFIABLE INFORMATION. Scoperite cautions you against giving out any personally identifying information about yourself or any third party in any Communication Service. As Scoperite does not monitor the Communication Service, it will use commercially reasonable efforts to preserve your privacy or the privacy of a third party by treating any personally identifying information that you submit through the Scoperite Platform in accordance with the terms outlined in its Privacy Policy at [insert link to Privacy Policy], as well as in conformance with all applicable laws, rules, and regulations, but Scoperite makes no guarantees that it will do so unless the existence of personally identifiable information on the Communication Service is expressly brought to the attention of Scoperite. You affirm that you have the applicable permissions to post any personally identifiable information of another on the Communication Service and you hereby release and indemnify Scoperite, its subsidiaries and affiliates, members, managers, equity holders, employees, and agents, and the Scoperite Customer that named you as an Authorized User from any third-party claims or damages related to your posting of any personally identifiable information on the Communication Service or on any part of the Scoperite Platform.
13. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Scoperite cannot and does not guarantee or warrant that files available for downloading from the Scoperite Platform will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Scoperite Platform. Scoperite further disclaims any responsibility to ensure that the Content located on the Scoperite Platform is necessarily complete and up to date.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SCOPERITE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SCOPERITE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SCOPERITE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SCOPERITE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCOPERITE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SCOPERITE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SCOPERITE PLATFORM OR ITS CONTENT. SCOPERITE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

IN NO EVENT WILL SCOPERITE, ITS SUBSIDIARIES OR AFFILIATES, MEMBERS, MANAGERS, EQUITY HOLDERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL SCOPERITE’S COLLECTIVE LIABILITY AND THAT OF ITS SUBSIDIARIES AND AFFILIATES, MEMBERS, MANAGERS, EQUITY HOLDERS, EMPLOYEES, AND AGENTS , REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY IN THE PREVIOUS TWELVE MONTHS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

14. You hereby agree to indemnify, defend, and hold Scoperite, its subsidiaries and affiliates, members, managers, equity holders, employees, and agents, and the Scoperite Customer that named you as an Authorized User, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, judgements or penalties, related to your violation of these Terms of Use, your use or misuse of any information you accessed or inserted via the Scoperite Platform, or for any other use or misuse of or associated with the Scoperite Platform.
15. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on the Scoperite Platform are the property of Scoperite. Scoperite retains all rights with respect to any of its respective Intellectual Property appearing in the Scoperite Platform.
16. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Scoperite’s copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Scoperite and its affiliates that your copyrighted material has been infringed. Please include the following:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site or Mobile Application, including the current website address;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
• 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.

Scoperite’s Copyright Agent for notice of claims of copyright infringement on the Scoperite Platform can be reached as follows:

Copyright Agent:

Constantine Anest

Attn: Copyright Agent,

2305 E Arapahoe Road STE 153 Centennial CO 80122

phone: 720-515-0706

e-mail: anest@scoperite.com

17. Any passwords used for the Scoperite Platform are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Scoperite may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Scoperite Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Scoperite reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Scoperite reserves the right to investigate suspected violations of these Terms of Use. Scoperite reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Scoperite to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
18. WAIVER OF OTHER RIGHTS. BY ACCEPTING THESE TERMS OF USE YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
19. If there is any dispute about or involving these Terms of Use, the Scoperite Platform, or Communications Services, you agree that any dispute shall be governed exclusively by the laws of the State of Colorado, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Denver, Colorado in connection with any dispute between you and Scoperite arising out of or involving these Terms of Use, the Scoperite Platform, or any Communications Services.
20. MISCELLANEOUS
21. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
22. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Scoperite as a result of these Terms of Use or use of the Scoperite Platform.
23. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Scoperite with respect to the Scoperite Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Scoperite Platform. Scoperite may revise these Terms of Use at any time by updating this posting. You should review these Terms of Use from time to time to determine if any changes have been made to these Terms of Use. Your continued use of the Scoperite Platform after any changes have been made to these Terms of Use signifies and confirms your acceptance of any changes or amendments to these Terms of Use.
24. The failure of Scoperite to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Scoperite must be in writing and signed by an authorized representative of Scoperite.
25. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Please report any violations of these Terms of Use to Scoperite info@scoperite.com, www.scopertie.com, phone 720-515-0706 If you have any questions regarding these Terms of Use, please contact us at [insert email address or web address/link where questions should be sent].