Last updated: 5 July 2018
Welcome to ScoreShuttle.com (“ScoreShuttle,” “we,” “us,” “our”). By using the ScoreShuttle services or the scoreshuttle.com website (the “Site,” together, the “Service”), you are entering into a binding contract us. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy and Cookie Notice (together, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.
In order to use the Service, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any information that you submit to the ScoreShuttle is true, accurate and complete, and you agree to keep it that way at all times.
Each engagement is for a single person only. We do not permit any other person to engage ScoreShuttle’s services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify ScoreShuttle immediately by emailing [email protected]
Changes to the Agreement
Occasionally we may, in our discretion, make changes to the Service, Terms and Agreements. When we make changes to the Service, Terms and Agreements that we consider material, we’ll notify you through the Site. By continuing to use the Site after those changes are made, you are expressing and acknowledging your acceptance of the changes.
YOUR USE OF THE SITE
Should you choose to sign up for ScoreShuttle.com’s services, you will enter into a separate written agreement with ScoreShuttle.com. Each file we create in conjunction with this separate written agreement is called a “Member File.” Your Member File will continue to be subject to the agreements otherwise governing them, except where so noted in the related agreement. Each Member File will be subject to the following:
- The terms or instructions appearing on a screen when using the service;
- ScoreShuttle.com/s policies and procedures applicable to the Member File and the online service;
- Applicable state and federal laws and regulations.
Access to Member Files
You authorize ScoreShuttle.com to provide access to your Member File(s) through its online services. You may access your Member File(s) at App.ScoreShuttle.com/Login (the “Member Website”) to obtain account payment information, credit report information received from you by ScoreShuttle.com and input into your file, your disputing instructions, and other information. To access a Member File through the online service you must have a password and the required hardware and software. Subject to the terms of this agreement and any separate written agreement(s), you will generally be able to access your Member File through the Member Website seven days a week, 24 hours a day. Member File information is posted to the file at the time work is completed on the Member File.
At certain times, the online services may not be available due to system maintenance or circumstances beyond our control. During these times, you may call ScoreShuttle.com at (855) 542-4946 or send an E-mail to [email protected] to obtain information about your Member File.
License and Assignment
The Service and the content provided through it are the property of the ScoreShuttle or its licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or the ScoreShuttle.
Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of ScoreShuttle or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, ScoreShuttle and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it.
Copyrights and Trademarks
All ScoreShuttle trademarks, service marks, trade names, logos, domain names, and any other features of the ScoreShuttle brand are the sole property of ScoreShuttle. The License does not grant you any rights to use, copy, display, distribute, modify or reproduce the ScoreShuttle trademarks, service marks, trade names, logos, domain names, or any other features of the ScoreShuttle brand, whether for commercial or non-commercial use. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site without prior written commission.
All of the pages and screens on the Site are owned and controlled by ScoreShuttle, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, images, graphics, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without ScoreShuttle ‘s prior written consent.
Technology Limitations and Modifications
ScoreShuttle will make reasonable efforts to keep the ScoreShuttle website operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. ScoreShuttle reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the ScoreShuttle website, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the ScoreShuttle website or any function or feature thereof. You understand and agree that ScoreShuttle has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Term and Termination
These Terms will continue to apply to you until terminated by either you or ScoreShuttle. ScoreShuttle may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or the ScoreShuttle terminate the Terms, or if ScoreShuttle suspends your access to the Service, you agree that ScoreShuttle shall have no liability or responsibility to you and ScoreShuttle will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Disclaimer of Warranties
ScoreShuttle, its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively, the “ScoreShuttle Parties”) endeavors to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED “AS IS”AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. THE SCORESHUTTLE PARTIES DO NOT GUARANTEE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT OR INFORMATION PROVIDED VIA THE SERVICE AND THE SCORESHUTTLE PARTIES DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS. SCORESHUTTLE DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. No advice or information whether oral or in writing obtained by you from ScoreShuttle shall create any warranty on behalf of ScoreShuttle in this regard. Some aspects of this section may not apply in some jurisdictions.
THE SCORESHUTTLE PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE SCORESHUTTLE PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION.
Limitation of Liability
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to stop using the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SCORESHUTTLE PARTIES BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE SCORESHUTTLE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, MORE THAN THE AMOUNTS PAID BY YOU TO SCORESHUTTLE DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits ScoreShuttle Parties’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and the ScoreShuttle and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to ScoreShuttle are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by ScoreShuttle that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Service may be governed by additional agreements. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Arbitration of Disputes, Choice of Law, Venue, Class Action Waiver and Limitation of Actions
In the event of any controversy, claim, or dispute between the parties, including but not limited to any disputes arising out of or relating to this Agreement and/or the obligations and services to be performed thereunder, including any claims based on contract, tort or otherwise (“Dispute”), the parties agree to resolve any and all issues on an individual basis solely through final and binding confidential arbitration, conducted before a single arbitrator, administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, which may be viewed at www.jamsadr.com or by calling JAMS customer service at 800-352-5267.
The parties agree to commence any such arbitration proceedings within one year of any claimed breach of contract or the reasonable discovery of the facts related to the Dispute, and that any proceeding commenced after one year shall be barred and subject to immediate dismissal by the arbitrator. Any disputes between the Parties regarding the arbitrability of this Agreement, including any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this Agreement and of this arbitration requirement, shall be governed by the Federal Arbitration Act and shall be resolved exclusively and solely by the arbitrator. All other issues in the arbitration shall be governed by the laws of the state of Student’s place of residence. Unless otherwise agreed by the parties, the arbitration hearing shall take place in the county of Student’s place of residence. The arbitrator shall be neutral, independent, and shall comply with the JAMS Arbitrator Ethics Guidelines.
The award rendered by the arbitrator shall be final and binding on all parties. Judgment on the award made by the arbitrator may be entered by any competent court with jurisdiction to enforce the award. The parties further agree that either party may bring claims against the other only in his, her or its individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. The parties also agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.
The parties acknowledge that by proceeding in arbitration they are waiving the right to file a lawsuit against one another in courts, the right to have a trial by jury, and other rights that they would have if they went to court (such as more expansive discovery or appeal rights) may be more limited or may not exist. The parties agree that ScoreShuttle will advance the costs of the arbitration (excluding Student’s attorneys and/or expert witness fees). The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs, as determined by the arbitrator. In addition, in the event that a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party shall be entitled to recover its costs of suit, including all reasonable attorneys’ fees, for having to compel arbitration or defend or enforce the arbitration award. You or ScoreShuttle may seek remedies in small claims court or provisional judicial remedies without arbitrating. You may opt out of this arbitration provision within 30 days of signing this Agreement by sending a signed, written notice to Company at 4719 Viewridge Ave. Ste. 200, San Diego, CA 92123. This section and the arbitration requirement shall survive the termination of this Agreement.
You agree that ScoreShuttle may submit any notices to you via either e-mail or regular mail. The service may also provide notices by displaying notices or links to notices to you generally on the Site, which notice you also agree ScoreShuttle may submit to you via e-mail or regular mail.
Telephone, Email and SMS Disclosures
You consent to and authorize us, any of our affiliates, or our marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. By providing your information you expressly request to receive information via telephone call, email and text/SMS message to any telephone numbers (including cellular or wireless numbers) you provide to us now or in the future. Standard text message rates and cellular data charges apply. You may opt-out of receiving text/SMS messages at any time by replying “stop” to any message that you receive.