Terms of Service

Last Updated: August 13th, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.scatterspoke.com website (the “Service”) operated by ScatterSpoke Retrospectives LLC (“ScatterSpoke Retrospectives”, “we”, “us” or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service, and we can eliminate your access to the Service at any time. If you are entering into these Terms on behalf of a company, organization or another legal entity, you are entering into these Terms for that entity and hereby represent to ScatterSpoke Retrospectives that you have the authority to bind such entity and its affiliates to these terms, in which case the term “you” as applicable and as used herein will refer to such entity and its affiliates, as applicable.

These Terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to the Service, these Terms and/or our Privacy Policy to binding individual arbitration rather than proceeding in court. The dispute resolution provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action. More information about the arbitration and class action waiver can be found in Section 18 below.

1. Acceptance.

Some parts of the Service are provided on a subscription basis (“Subscription(s)”). Details of the types and specifications for various Subscriptions may be found at https://app. scatterspoke.com /#/management/billing. If you sign up for a paid Subscription, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless your Subscription is cancelled by either you or ScatterSpoke Retrospectives. You may cancel your Subscription renewal either through your online account management page or by contacting ScatterSpoke Retrospectives’ customer support team.

Please note that if you cancel your Subscription, your account will be automatically downgraded to the free version of the Service after the current Billing Cycle, and you will no longer have access to the features belonging to Subscription-level accounts. This means you may not have access to content that is not available on the free version of the Service.

A valid payment method, including credit card, is required to process the payment for your paid Subscription. You agree to provide ScatterSpoke Retrospectives with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ScatterSpoke Retrospectives to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, ScatterSpoke Retrospectives will issue an electronic invoice indicating that you must remit manually, within a certain deadline date, the full payment corresponding to the Billing Cycle as indicated on the invoice.

2. Fee Changes

ScatterSpoke Retrospectives, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The current Subscription fees are set forth at https://app. scatterspoke.com/#/management /billing.

ScatterSpoke Retrospectives will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

3. Refunds

Certain refund requests for Subscriptions may be considered by ScatterSpoke Retrospectives on a case-by-case basis and granted in sole discretion of ScatterSpoke Retrospectives.

4. Privacy

You acknowledge and agree that all personal information collected by ScatterSpoke Retrospectives is subject to our Privacy Policy https://www.scatterspoke.com /privacy.html. By using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

5. Scope and Restrictions on Use

Subject to these Terms, ScatterSpoke Retrospectives grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your legitimate business purposes, including the content available on the Service. You agree not to:

    ↳ copy, collect, or otherwise store information obtained from the
        Services using an automated software tool or manually on a
        mass basis;

    ↳ use automated means to access the Service, or gain
        unauthorized access to the Service or to any account or
        computer system connected to the Service;

    ↳ obtain, or attempt to obtain, access to areas of Service or our
        systems that are not intended for access by you;

    ↳ encourages criminal conduct;

    ↳ contains false, misleading, fraudulent or deceptive claims or  
        content;

    ↳ gives the impression that it emanates from, or is endorsed by,
         ScatterSpoke Retrospectives or any other person or entity, if  
         this is not the case; or

    ↳ contains any virus, malware, spyware or other harmful content  
         or code.

6. Content Ownership and License

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. However, by posting Content using the Service you grant ScatterSpoke Retrospectives the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. This license includes the right for us to copy it into our databases, make backups, analyze it on our servers, and share it with other users.

7. Accounts

When you create an account with us, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate and complete at all times. Inaccurate or incomplete information may result in the immediate termination of your account on the Service. All accounts are intended for only one individual.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use or a name or trademark that is subject to any rights of another person or entity other than you, in each case without appropriate authorization from such third person or entity. You may not use as a username any name that is offensive, vulgar or obscene.

8. Limitation

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ScatterSpoke Retrospectives OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ScatterSpoke Retrospectives IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL ScatterSpoke Retrospectives’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ScatterSpoke Retrospectives IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICE IS AT YOUR SOLE RISK.

9. Contact

If you have any questions about these Terms, please contact us:

    ↳ By email: [email protected]

    ↳ By visiting this page on our website: www.scatterspoke.com

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