ScopeRush Terms and Conditions of Use
Last updated on February 28th, 2018.
Rainmaker Labs Inc. o/a ScopeRush (“ScopeRush”, “ScopeReveal”, “us”, “we”, or “our”) operates a website featuring content on digital marketing and creating online marketing campaigns at https://scoperush.com (the “Site”). Through the Site you can also access ScopeReveal, an online software for the purpose of assisting with expired domain research, along with other features and functionalities (the “Application”).
All content on the Site, including the Application, all content, video, training materials, products, services, logos, marks, designs, graphics, pictures and other files, as well as the look and feel of the Site, is called “Content”.
2. ScopeRush Site
The Site and the Application are not intended to be used by children. You must be at least eighteen (18) years of age to use the Site and the Application.
3. Registration Data; Account Security
To access the Application, you must register for an account (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Application (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Application, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Application. You are responsible for all activity on your Application account, including the activity performed on the Application through your User Account by an agent, representative, employee, or any other person acting on your behalf. Individuals who register for a User Account on half of a company or organization expressly represent and warrant that they have the authority to bind such company or organization.
4. Course Satisfaction Guarantee
We offer satisfaction guarantee with our ScopeRush Prospecting System course instead of a refund. We do this because we strongly believe in our product. If you complete the Prospecting System course and you do not retain a client after 30 days, one of our team members may contact you to assist you with your funnels or process, or you may contact us.
If you do not retain a client 60 days after completing the Prospecting System course, then our team members may contact you to provide you with direct leads and assist you with closing such leads into clients.
You have 75 days after purchasing the course to approach us for either of these Guarantees.
Refunds are not available for any of the Content provided on our Site or on the Application.
5. Ownership, Copyright and Trademarks
Content provided by you on the Site or the Application is called “User Content”. User Content is the property of its respective owners (e.g. the person that inputted it). User Content on the Application may include details of the domain name, general information, data, images and other data inputted by you to use the Application.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen, track, monitor or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site. You are also solely responsible for all activity, changes and costs from, and that result from, your use of the Site.
Our only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 7 of these Terms.
Other than User Content, the Application, all Content and any other software used to create and operate the Site are the property of ScopeRush or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site and Application, such Content and such software are expressly reserved, including but not limited to proprietary videos, graphics, voice and sound recordings, artwork, photos, documents and text.
All trademarks, registered trademarks, product names and company names or logos mentioned on the Site and Application are the property of their respective owners.
Neither ScopeRush nor yourself claims ownership or property rights over third-party providers’ content, such as email addresses, business addresses, names, phone numbers and any intellectual property belonging to the third-party providers. Any unauthorized use of the Content may violate the copyright, trademark, and other proprietary rights of ScopeRush and/or third parties. Nothing in these Terms shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of ScopeRush or the third-party provider.
If you believe that any Content on the Site and/or Application has been used in a way that constitutes copyright infringement under Canadian law, please send a notice to the contact provided in Section 17 of these Terms.
6. License to Use ScopeRush and License Restrictions
ScopeRush grants to you a revocable, non-exclusive, non-sublicensable license to access the Site to view the Content available to you and use the Application (“License”).
Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:
(a) The Content we provide are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Application.
(b) You may not make or distribute copies of the Content, whether found on the Site, Application, or on another website or medium without our written permission.
(c) You may not alter, merge or translate the Application, or decompile, reverse engineer, disassemble, or otherwise reduce the Application to a human-perceivable form.
(d) You may not modify or create derivative works based on the Content.
(e) You may not use the Application for any application deployment or ultimate production purpose.
(f) You may not use the Application to develop any application having the same or similar primary function as the Application.
(g) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
(h) You may not otherwise use the Content other than for its intended purpose.
(i) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
(j) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by us at any time.
(k) Your use of the Site, Application, and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law, including, but not limited to applicable anti-spam and privacy legislation.
(l) Your use of the Site and Application must comply with the User Content Guidelines outlined in Section 8 of these Terms.
7. Your Limited License of Your User Content to ScopeRush
We do not claim any ownership interest in your User Content, but we do need the right to use and access, at any time, your User Content to the extent necessary to operate the Site and provide the Application, now and in the future.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Application. And they are transferable because we need the right to transfer these licenses to any successor operator of the Application. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Application does this to your User Content when it processes it for use in the Application.
8. User Content Guidelines
You agree not to post, input, transmit, distribute, store, create or otherwise publish through the Site and/or Application any of the following:
- Any data, information, text, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in our sole opinion;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Bots, viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content that is unrelated to the use of the Application; or
- User Content that in the sole judgment of ScopeRush, is objectionable or which restricts or inhibits any other person from using or enjoying the Application or the Site, or which may expose ScopeRush or its affiliates or its Users to any harm or liability of any type.
Any use of the Site and/or Application in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Site and/or Application.
9. Security of the Application
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Application, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
10. Warranty Disclaimer
THE SITE, APPLICATION, AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM SCOPERUSH OF ANY KIND, EITHER EXPRESS OR IMPLIED. SCOPERUSH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SCOPERUSH DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE APPLICATION, AND THE CONTENT OR ANY RECOMMENDATIONS OR REPORTS CONTAINED WITHIN OR GENERATED BY THE APPLICATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE APPLICATION, THE CONTENT OR ANY PORTION THEREOF.
WHILE SCOPERUSH ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE APPLICATION SAFE, SCOPERUSH DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE APPLICATION OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN ADDITION, THE SITE AND THE APPLICATION MAY CONTAIN LINKS TO THIRD-PARTY SITES. SCOPERUSH IS NOT RESPONSIBLE FOR THESE LINKED SITES. YOUR USE OF THESE SITES IS AT YOUR OWN RISK AND SCOPERUSH IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, SUCH THIRD PARTY-SITES OR ANY CONTENT CONTAINED ON SUCH THIRD-PARTY SITES. SCOPERUSH SHALL HAVE NO LIABILITY WHATSOEVER RELATING TO YOUR ACCESS OR USE OF SUCH THIRD-PARTY SITES OR THE CONTENT AVAILABLE ON SUCH THIRD-PARTY SITES.
11. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against ScopeRush, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Application, or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, costs incurred as a result of changes made to your User Account, Plan, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither ScopeRush nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Application, or the Content, including without limitation any damages caused by or resulting from your reliance on the Site, the Application, the Consent or other information obtained from ScopeRush or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to ScopeRush, any User Account, or any other Released Party’s records, programs or services.
You are entirely liable for activities conducted by you or anyone else, including a corporate entity or employee, in connection with your use of the Site and/or the Application. ScopeRush is not liable for the accuracy, copyright compliance, representation, legality or decency of the content posted by other user or third-party providers that you accessed through the Site and/or the Application.
If you are dissatisfied with the Site and/or the Application, or with these Terms, your sole and exclusive remedy is to stop using the Site and/or Application. You shall defend, indemnify and hold harmless ScopeRush and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and/or Application or the corporate entity to whom you give access to your User Account.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice on the User Account page. When we post notices on the Site, we post them in the area of the Site suitable for the notice. It is your responsibility to periodically review the Site for notices.
13. Applicable Law and Venue
The Site is created and managed by Rainmaker Labs Inc. o/a ScopeRush from its offices in Toronto, Ontario. You and ScopeRush both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and ScopeRush explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Site, the Application and/or Content; (c) oral or written statements relating to these Terms and/or the Site; or (d) the relationships that result from these Terms or the Site (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against ScopeRush related to any Claim and, where applicable, you also agree to opt out of any class proceedings against ScopeRush. If you have a Claim, you should give written notice to arbitrate at the address specified below. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario. Notwithstanding the foregoing, either party may seek injunctive relief in court.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify ScopeRush and the other Released Parties for your failure to comply with any such laws.
14. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, ScopeRush reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site or Application, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of yours User Account, the Application, the Site or Content; (c) change, suspend or discontinue any aspect of your User Account, the Site, the Application or Content; and (d) impose limits on your User Account, the Site, the Application or Content. When your User Account is terminated, any User Content you have inputted to the Site and/or Application may remain on the Site and/or Application.
You may cancel your use of the Application by (a) providing 30 days written notice by emailing email@example.com; or (b) cancelling from the User Account dashboard feature on the Application.
If these Terms expire or terminate for any reason, Sections 7, 8, 10, 11, 13, 14, 15 and 16, and any representation or warranty you make in these Terms, shall also survive indefinitely.
15. Modification of Terms
ScopeRush reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site and/or Application, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, or we will post a notice in the Site or Application visible to you the next time you access the Site and/or Application. Customers who do not agree with the changes may terminate their User Account with us, subject to Sections 4 and 14. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the User Account, Application, and the Site, and your continued use of the Site and/or Application after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site and/or Application. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop accessing the Site and using the Application. If you have any questions about the Terms, please email us at the contact address below.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. ScopeRush may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of ScopeRush, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and ScopeRush regarding your use of the Site and/or Application, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and ScopeRush regarding your use of the Site and/or Application. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
17. Questions and Comments
If you have any questions regarding these Terms or your use of the Site or Application, please contact us here:
Rainmaker Labs Inc. o/a ScopeRush