Introduction

Your Obligations

Applicable laws and this Agreement

You must comply with all applicable laws, the Terms of Service, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections of this User Agreement.

License and warranty for your submissions to The Scrub Society

You own the information you provide The Scrub Society under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant The Scrub Society a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, distribute, transmit, publicly display, publicly perform, edit, translate, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to The Scrub Society, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to The Scrub Society, and to publish your name in connection with same without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this User Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your The Scrub Society profile, registration and other account information accurate and updated. The Scrub Society is under no obligation to post or use any information you may provide and may remove any information any time at The Scrub Society’s sole discretion.

Service Eligibility

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a The Scrub Society account, (3) are not a competitor of The Scrub Society or are not using the Services for reasons that are in competition with The Scrub Society; (4) will only maintain one The Scrub Society account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of The Scrub Society, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

Sign-In Credentials

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other users’ accounts; and (4) refrain from selling, trading, or otherwise transferring your The Scrub Society account to another party. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content and other materials and information you submit to the Services, and (3) any activity in which you engage on or through The Scrub Society.

Notifications and Service Messages

For purposes of service messages and notices about the Services to you, The Scrub Society may place a banner notice or across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from The Scrub Society to an email address associated with your account, even if we have other contact information. You also agree that The Scrub Society may communicate with you through your The Scrub Society account or through other means including email, mobile number, telephone, or delivery services including the postal service about your The Scrub Society account or services associated with The Scrub Society. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

The Scrub Society Applications

The Scrub Society may offer the Services through applications built using The Scrub Society’s platform (“The Scrub Society Applications”). Examples of The Scrub Society Applications include its smart phone applications (The Scrub Society for Android or The Scrub Society for iPhone). If you use a The Scrub Society Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing The Scrub Society plugins that load in your browser may be communicated to us. Further, by importing any of your The Scrub Society data through a The Scrub Society Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your The Scrub Society account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing The Scrub Society through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

User-to-User Communication and Sharing

The Scrub Society offers various forums where users can post observations and comments on designated topics and a video chat service through Twilio to enable registered members to video chat with other registered members that have accepted a friend request. The Scrub Society also enables sharing of information by allowing users to post updates, including links to news articles and other information and content to their profile and other parts of The Scrub Society website. Please note that ideas you post and information you share, whether in forums, on video chats, or otherwise, may be seen and used by other users, and The Scrub Society cannot guarantee that other users will not use the ideas and information that you share on The Scrub Society. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to The Scrub Society website or share it in a video chat. If another user requests a video chat, you have no obligation to engage in a video chat. Should you elect to video chat with another user you do so at your own risk. The Scrub Society makes no warranty or guaranty that the video chat service will always be available or will be secure or error free and it is provided “as is”. In using the video chat service, you agree to Twilio’s privacy policy at [https://www.twilio.com/legal/privacy] and acceptable use policy at (. If you do not agree to these policies, do not use the video chat service. The Scrub Society IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY The Scrub Society COMMUNITY FORUMS OR SHARE IN A VIDEO CHAT SESSION.

Privacy

You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to The Scrub Society, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and acknowledge that we may provide this information to third parties.

Export Control

Your use of the Service is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

Contributions

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to The Scrub Society through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The Scrub Society is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The Scrub Society shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) The Scrub Society may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to The Scrub Society all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from The Scrub Society under any circumstances.

Our Rights and Obligations

Services Availability

For as long as The Scrub Society continues to offer the Services, The Scrub Society shall provide and seek to update, improve and expand the Services. As a result, we allow you to access The Scrub Society as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue The Scrub Society, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. The Scrub Society further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by The Scrub Society to be contrary to this Agreement. For avoidance of doubt, The Scrub Society has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.

Third Party Sites

The Scrub Society may include links to third party web sites (“Third Party Sites”) on The Scrub Society website. You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms and/or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. The Scrub Society is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites or, you do so at your own risk.

Connections and Interactions with other Users

You are solely responsible for your interactions with other users. The Scrub Society may, in certain circumstances, prohibit you from contacting other users through use of the Services or otherwise