Term of Service Agreement

Effective starting: April 1st2021

Overview

This website is operated by MY Scorecard. Throughout the site, the terms user and our refer to my-scorecard.com. MY Scorecard offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service Agreement apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

What these terms cover

Throughout this policy the following terms have the following meanings:
  • Use of Website
    The purpose of this website is to provide you with our services and general information. You must not breach any term of our Acceptable Use Policy set out below.
  • Acceptable Use Policy
    You may use the website only if you have the authority to form a contract with support@my-scorecard.com and are not restricted under any applicable laws from doing so. You agree to use this website only for lawful purposes following these terms and conditions and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of this website. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within this website.
    You must not:
    1. Send, upload, display or disseminate or otherwise make available any unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious, or otherwise objectionable material or otherwise breach any laws.
    2. Display, upload, or transmit material that encourages conduct that may constitute a criminal offense, result in civil liability, or otherwise may breach any applicable laws, regulations, or code of practice.
    3. Interfere with any other person's privacy or use or enjoyment of this website.
    4. Fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity, or group.
    5. Mislead or deceive service, its representatives, and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information.
    6. Disguise the origin of any material transmitted through the services provided by the website (whether by forging message/packet headers or otherwise manipulating normal identification information).
    7. Send, upload or otherwise make available material that infringes any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party).
    8. Send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material.
    9. Send, upload or otherwise make available material containing viruses, trojans, or any other material designed to impair, destroy or interrupt the performance of any hardware or software.
    10. Obtain unauthorized access to or interfere with the performance of the servers which provide the services or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers.
    11. Collect, whether aggregated or otherwise, data about other users of the services.
    This website may change from time to time. These changes and any suspension, or modification of the website may be made at any time without prior notice to you. We may also remove any content from our website at our discretion.
  • Aggregate Information
    We may gather information and statistics collectively about all visitors to this Site which may include the information supplied by you which will help us to understand our users thereby creating a better employee administration process. We will not disclose individual names or identifying information. All data will be in aggregate form only. We believe this information helps us determine what is most beneficial for our users and how we can continually improve our online service. We may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by us following our Privacy Policy.
  • Disclaimer
    This website's content, including the information and material, names, images, pictures, logos, and icons regarding or relating to
    MY Scorecard service or third party products and services, is provided as a general guide only on an "as is" and on an "as available" basis. We make no representations or any kind of warranty whatsoever (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, currency, completeness, adequacy, suitability, and accuracy.
    Under no circumstances will MY Scorecard service be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known, or otherwise):
    1. Loss of data.
    2. Loss of revenue or anticipated profits.
    3. Loss of business.
    4. Loss of opportunity.
    5. Loss of goodwill or injury to reputation.
    6. Losses suffered by third parties.
    7. Any indirect, consequential, special, or exemplary damages arising from the use of this website regardless of the form of action.
    MY Scorecard service does not warrant that functions contained in this website's content will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of bugs, viruses, worms, Trojans, or any other computer code that may adversely affect any communications.
  • Submitting data to our website
    By using our website, you have provided the information and files that you submit through our website. Our website provides a feature that allows you to upload to our database, and share them with certain individuals within your organization, we have no responsibility for that activity. If you upload data on our website, you must ensure that the details provided by you at that or at any other time are accurate, up to date, and complete.
    We accept no liability for any unauthorized use of logins and passwords. To prevent such fraud, you must keep your password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us immediately.
    By using this site, you are solely responsible for any occurrences, which includes maintaining up-to-date, correct, accurate, and complete information and uploading materials which do not breach or infringe the Intellectual Property Rights of any third party.
    If we have reason to believe that there is likely to be a breach of security or misuse of our website, we may require you to change your password or we may suspend your account.
    We may suspend or cancel your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions or the Privacy Policy.
    The suspension or cancellation of your account and your right to use the website shall not affect either party's statutory rights or liabilities.
    We may change these Terms and Conditions at our discretion and without notice. Any updates and changes will be posted to this page.

Other important privacy information

  • Section 1 - online website service terms
    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
    A breach or violation of any of the Terms will result in an immediate termination of your Services.
  • Section 2 - general conditions
    We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  • Section 3 - accuracy, completeness, and timeliness of information
    We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  • Section 4 - modifications to the service and prices
    Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
  • Section 5 - products or services (if applicable)
    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
    We have made every effort to display as accurately as possible the colors and images of our products that appear at the Mobile Apps,
    MY Scorecard Dex, MY Scorecard Management, etc. We cannot guarantee that your computer monitor's display of any color will be accurate.
    We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  • Section 6 - Accuracy of billing and account information
    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
    You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
    For more detail, please review our Returns Policy.
  • Section 7 - optional tools
    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
  • Section 8 - user comments, feedback, and other submissions
    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
  • Section 9 - personal information
    Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
  • Section 10 - errors, inaccuracies, and omissions
    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  • Section 11 - prohibited uses
    In addition to other prohibitions as set eleventh in the Terms of Service, you are prohibited from using the site or its content:
    1. For any unlawful purpose.
    2. To solicit others to perform or participate in any unlawful acts.
    3. To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
    4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
    5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    6. To submit false or misleading information.
    7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet.
    8. To collect or track the personal information of others.
    9. To spam, phish, pharm, pretext, spider, crawl, or scrape.
    10. For any obscene or immoral purpose or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  • Section 12 - disclaimer of warranties limitation of liability
    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    In no case shall MY Scorecard , our directors, officers, employees, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  • Section 13 – severability
    If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  • Section 14 – termination
    The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Services (or any part thereof).
  • Section 15 - entire agreement
    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.