Terms of Use - Scorability

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY.

Welcome to the Scorability Website Terms of Use (“Terms of Use”) that applies to scorability.com (“Site”). Scorability, Inc. (“Scorability” or “we”) operates the Site to provide online access to information about our products and services.

By accessing and using Site, you agree to these Terms of Use and to our Privacy Policy available at http://scorability.com/legal/privacy-policy/.

We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date these Terms of Use were revised is set forth above, so be sure to check back for updates.

IMPORTANT NOTE: If you are a customer of Scorability, or an employee or representative of a Scorability Customer, your use of the Scorability Services is subject to the Scorability Customer Terms of Service and the Agreement between Scorability and your employer. Please contact your account’s administrator if you have any questions or need any information regarding your account.

1. Permitted Use of Site

You are hereby granted the privilege to access and utilize the Site, along with its associated content, including but not limited to information, writings, images, and other materials (collectively referred to as the ‘Content’), strictly for personal use or for the purpose of acquainting yourself with Scorability and its offerings. It is imperative that you adhere to the stipulations outlined in these Terms of Use.

2. Prohibited Use of Site

By accessing the site, you agree to abide by certain rules:

Do not use the Site in a way that goes against these Terms of Use or the Customer Terms of Service.
Do not copy, modify, or try to figure out the Site’s source code, or allow anyone else to do it.
Do not sell, share, or transfer any rights to the content or the Site itself.
Do not use automated systems that send more requests to the servers than a person could reasonably make.
Do not harm the Site or interfere with others’ enjoyment of it.
Do not mirror or frame the Site on another web page.
Do not try to access the Site without permission or in ways not provided by Scorability.
Do not use the Site for anything illegal.

If you do any of these things, it could violate patent, copyright, trademark, and other laws.

3. Copyrights and Trademarks

The Site contains Scorability content that is safeguarded by various intellectual property laws, including trademarks and copyrights. All rights to the Site, along with its intellectual property, belong to Scorability or its licensors, if any. Scorability maintains ownership of all copyrights associated with the content. Unless explicitly allowed on the Site for certain content, you are not permitted to copy, modify, publish, transmit, or distribute the content in any way. Scorability’s trademarks, such as its logo, are its property, and the appearance and design of scorability.com are protected trade dress. You do not acquire any right or license to use these. Additionally, any suggestions or feedback you provide may be used by Scorability without payment or conditions. If you believe there’s a copyright infringement, follow the instructions in the Claims of Copyright Infringement section pursuant to Title 17, United States Code, Section 512(c)(2).

4. Information and Materials You Post or Provide

By posting or providing any content (referred to as “Materials”) on the Site, you confirm that you own all the necessary rights, title, and interest in those materials. This includes obtaining any required consent, authorization, release, clearance, or license from third parties, covering aspects like privacy or publicity rights. You assure that posting these Materials doesn’t violate any patents, copyrights, trademarks, trade secrets, privacy rights, publicity rights, moral rights, or other intellectual property rights recognized by applicable jurisdictions. Furthermore, it won’t breach any agreements with other individuals or entities. By sharing Materials with us, you grant the essential rights, licenses, and permissions needed for us to display, reproduce, and disseminate the Materials. Your commitment ensures a responsible and lawful sharing of content on the platform.

You affirm and guarantee that your identity is authentic, and the information you’ve provided about yourself is accurate with no fictitious or false details. The Materials you post are asserted to be true, and they are either your own work or work for which you have the proper authorization. You further ensure that these materials are free from any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic content, thus avoiding any violation of applicable laws or regulations. Additionally, you declare that the materials you share comply with these Terms of Use, reinforcing a responsible and truthful contribution to the platform.

5. Links to Third-Party Web Sites

When you find links to other websites or information on our Site, it is just for your convenience. Clicking on these links means you will go to a different website, and their terms and privacy policies will apply to you there. It is important to know that these links do not mean Scorability supports or recommends those other websites or the information they have. We are not in charge of whether those sites are available or what is on them, and we are not responsible for any issues related to those sites or their content.

6. No Guarantee

Scorability cannot and does not guarantee or warrant that files available for consuming or downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Disclaimers; Limitations of Liability

SCORABILITY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF A SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCORABILITY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCORABILITY IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCORABILITY AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF SCORABILITY OR ANY OF SCORABILITY’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SCORABILITY IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SCORABILITY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

8.Indemnification

You understand and agree that you are personally responsible for your behavior on a Site. You agree to indemnify, defend and hold harmless Scorability, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

9. General Provisions

a. Entire Agreement and No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Scorability of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may include typographical errors, inaccuracies, or other inadvertent mistakes, and may not be exhaustive or up-to-date. Consequently, we retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update the Content without prior notification. It is important to note, however, that we do not provide an assurance that all errors, inaccuracies, or omissions will be rectified.

c. Enforcement and Law. Should any portion of these Terms of Use be deemed invalid or unenforceable by a court of competent jurisdiction, such a determination shall not affect the validity or enforceability of the remaining provisions, all of which shall remain fully effective. Any disputes arising from these Terms of Use, Scorability’s Privacy Policy, your usage of our Site, or the Content, are subject to interpretation and governance by the laws of the State of Texas, without consideration of conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts situated in Travis County, Texas, for the resolution of any disputes, regardless of their nature, arising from or related to these Terms of Use, Scorability’s Privacy Policy, your use of the Site, or any other Scorability Content.

Last Revised: January 17, 2024