Fast, Easy, Mobile Field Scouting
Terms of Service

Your Acceptance

This document outlines the Terms of Services, including a privacy policy, regarding the use of the ScoutDoc Mobile Application (the “SDC App”), the ScoutDoc Cloud Service (the “SDC Services”) and the ScoutDoc.com website (the “SDC Website”). Collectively the SDC App, the SDC Services and the SDC Website are hereinafter sometimes called the “ScoutDoc Services”. This is an agreement between AgNition Inc. (“AgNition" or “us” or “we”), the owner and operator of ScoutDoc Services and you (“you” or “your” or “yourself”), a user of the ScoutDoc Services. BY USING THE SCOUTDOC SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE INCLUDING AGNITION’S PRIVACY POLICY. If you choose to not to agree with any of these terms, you may not use the ScoutDoc Services.

You may use ScoutDoc Services only if you have the power to form a contract with AgNition and are not barred under any applicable laws from doing so. ScoutDoc Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify ScoutDoc Services at any time without prior notice to you. We may also remove any content from our ScoutDoc Services at our discretion.

ScoutDoc Services

These Terms of Service apply to all users of the ScoutDoc Services. Information provided by our users through the ScoutDoc Services may contain links to third party websites that are not owned or controlled by AgNition. AgNition has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AgNition will not and cannot censor or edit the content of any third party site. By using the ScoutDoc Services, you expressly acknowledge and agree that AgNition shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.

ScoutDoc Services Access

Subject to your compliance with these Terms of Service, AgNition hereby grants you permission to use the ScoutDoc Services, provided that: (i) your use of the ScoutDoc Services as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the ScoutDoc Services, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the ScoutDoc Services in any medium without AgNition’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the ScoutDoc Services; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

Intellectual Property Rights

The design of the ScoutDoc Services along with AgNition created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AgNition, subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. The ScoutDoc Services are provided to you AS IS for your information and personal use only. AgNition reserves all rights not expressly granted in and to the ScoutDoc Services. You agree to not engage in the use, copying, or distribution of any of the ScoutDoc Services other than as expressly permitted herein, including any use, copying, or distribution of third parties obtained through the ScoutDoc Services for any commercial purposes.

User Responsibility

You are the sole owner of the content created and entered into the ScoutDoc Services. You, and not AgNition, are responsible for maintaining and protecting the documents you create, email and save. AgNition will not be liable for any loss or corruption of documents, or for any costs or expenses associated with backing up or restoring any of documents.

Account Security

You are responsible for safeguarding the password that you use to access any of the ScoutDoc Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify AgNition of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to AgNition, it is your responsibility to use a secure encrypted connection to communicate with the ScoutDoc Services.

Title and Ownership

Neither these Terms of Service nor any use of the ScoutDoc Services grant you any right, title, or interest in the ScoutDoc Services or the content in the ScoutDoc Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you. The ScoutDoc Services and other technology we use to provide ScoutDoc Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Neither these Terms of Services nor any use of the ScoutDoc Services grant you any rights to use the Marks or AgNition trademarks, logos, domain names, or other brand features.

Termination of this License Agreement

We reserve the right to suspend or end the ScoutDoc Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms of Service, or if you use the ScoutDoc Services in any way that would cause us legal liability or disrupt others' use of the ScoutDoc Services. In the case of any violation of these Terms of Service, AgNition reserves the right to seek all remedies available in law and equity for such violations.

Links and Third Party Content

ScoutDoc Services may contain links to third party websites or resources. AgNition does not endorse and we are not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

Modifications

We may revise these Terms of Service from time to time and the most current version will always be posted on our website. By continuing to access or use ScoutDoc Services after revisions become effective, you agree to be bound by the revised Terms of Service. If you do not agree to the new terms, please stop using ScoutDoc Services.

Miscellaneous Legal Terms

These Terms of Service and the use of the ScoutDoc Services will be governed by the laws of the Province of Ontario and to the laws of the Dominion of Canada applicable therein. All claims arising out of or relating to these Terms of Service or the ScoutDoc Services muse be litigated exclusively in the courts of Ontario and you consent to and attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Dominion of Canada.

These Terms of Service constitute the entire and exclusive agreement between you and AgNition with respect to the ScoutDoc Services, and supersede and replace any other agreements, terms and conditions applicable to the ScoutDoc Services. These Terms of Service create no third party beneficiary rights. AgNition’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Service, and any such attempt is void, but AgNition may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the ScoutDoc Services.

International

The ScoutDoc Services are administered by AgNition from its offices in Guelph, Ontario, Canada. AgNition makes no representation that ScoutDoc Services on are appropriate or available for use in locations outside Canada, and accessing them from territories where the ScoutDoc Services are illegal is prohibited. You may not use or export or re-export the ScoutDoc Services and you may not copy or adapt any of the ScoutDoc Services in violation of any applicable laws or regulations including, without limitation, Canada export laws and regulations. If you choose to access the ScoutDoc Services from locations outside Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.

Mobile

We currently provide our mobile services for an annual subscription rate, but please be aware that your carrier's normal rates and fees, such as data fees, will still apply.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SCOUTDOC SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AGNITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SCOUTDOC SERVICES AND YOUR USE THEREOF.

AGNITION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SCOUTDOC SERVICES CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SCOUTDOC SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SCOUTDOC SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SCOUTDOC SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SCOUTDOC SERVICES.

AGNITION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SCOUTDOC SERVICES OR OTHER ADVERTISING, AND AGNITION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL AGNITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SCOUTDOC SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE INCLUDING THE PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT AGNITION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless AgNition, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees on a full indemnity basis) arising from: (i) your use of and access to the ScoutDoc Services; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your termination of the use of the ScoutDoc Services.

Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.