Consumer Terms of Use

  1. ACCEPTANCE OF TERMS
    1. DonationScout LLC (“DonationScout”) provides access to and use of its website or online platform and related services, websites, and platforms (collectively, the “Service”) subject to the terms and conditions in this agreement (the “Agreement”).
    2. PLEASE REVIEW THE AGREEMENT CAREFULLY. IT IMPOSES BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS. THE AGREEMENT REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THE AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICE (INCLUDING ANY PURCHASES MADE THROUGH THE SERVICE), INCLUDING THE VALIDITY, APPLICABILITY, OR INTERPRETATION OF THE AGREEMENT (EACH, A “CLAIM”). YOU AGREE THAT ANY CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 18 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
    3. BY ACCESSING, USING OR MAKING A PURCHASE ON THE SERVICE, YOU AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU.
    4. You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and of legal age to form a binding contract. You further represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction.
  2. Other Agreements and terms
    1. In addition to the Agreement, your access to and use of the Service are further subject to any usage or other policies relating to the Service posted or otherwise made available to you by DonationScout, including any purchase, subscription, or other similar terms (any such usage or other policies, collectively, “Additional Terms”). The Additional Terms are part of the Agreement and are hereby incorporated by reference, and you agree to be bound by the Additional Terms.
    2. You acknowledge and agree that by accessing or using the Service, DonationScout may receive certain information about you, including personal information, and DonationScout may collect, use, disclose, store, and process such information in accordance with the Agreement, including any Additional Terms.
  3. Purchases
    1. Certain of DonationScout’s restaurant brand clients may allow you to purchase products (such as coupons) through the Service. Product availability and pricing may change at any time, without prior notice to you. You may only purchase products through the Service in accordance with the order guidelines established by DonationScout and its brand clients.
    2. You agree that you will not circumvent and will not attempt to circumvent any rules or guidelines established by DonationScout or its brand clients with respect to the purchase of products, such as by creating multiple user profiles to avoid purchasing limits or providing false or misleading information when prompted by the Service.
    3. You are solely responsible for confirming that you meet all applicable laws and regulations for the purchase of any product and ensuring that your receipt and use of any product complies with all such laws and regulations in all material respects.
    4. DonationScout’s order confirmation to you does not signify DonationScout’s acceptance of your order, nor does it constitute confirmation of DonationScout’s or its brand client’s offer to sell. At any time after receipt of an order, DonationScout or its brand client may accept, decline, or place quantity restrictions or other limits on your order for any reason at DonationScout’s or its brand client’s discretion. If DonationScout charges you for an order that has been canceled, DonationScout will refund you the full amount of the canceled portion of such order.
    5. While DonationScout strives to make all information within the Service as accurate as possible, DonationScout does not warrant that product descriptions or any other information appearing within the Service or provided by its brand client is accurate, complete, or error-free.
    6. Promotions are subject to change, and DonationScout cannot confirm the availability or price of any product until you place your order.
  4. Terms and Conditions of Sale
    1. If you purchase any product through the Service, additional terms and conditions may apply with respect to such purchase. The terms and conditions of sale will be posted and made accessible to you as part of the purchase process. By completing the purchase, you agree to be bound by such terms and conditions of sale.   
    2. If you purchase any product through the Service from a third party such as a brand client, additional terms and conditions from the third party may apply with respect to such purchase. You are solely responsible for reviewing the terms and conditions of sale from such third party. By completing the purchase, you agree to be bound by the applicable terms and conditions of sale from such third party.
    3. You will not resell any product purchased through the Service without the prior written permission of DonationScout or its brand client.
    4. All sales are final, and no refunds will be provided, whether or not a product is used or (in the case of a digital coupon) downloaded.
  5. Payments and fees
    1. You authorize DonationScout and (if applicable) its third-party payment processors to charge all sums for the orders that you make on the Service, including all applicable taxes, to the payment method you specify.  Payments due may be subject to Stripe’s terms, located here: https://stripe.com/us/privacy. If you do not agree to Stripe’s terms, then please do not make a purchase on the Service.
    2. You are solely responsible for any data, usage, and other charges assessed by mobile, cable, internet, or other communications services providers for your access to and use of the Service.
  6. USE OF THE SERVICE

You may only use the Service for its intended purpose and solely in accordance with the Agreement. In addition, you may not restrict or inhibit any other person from using the Service. The Service may contain links to other internet websites and third-party resources. DonationScout is not responsible for either the availability of these outside resources or their content. DonationScout may, but is not obligated to, monitor your use of the Service.  You represent and warrant that any information or content you provide pursuant to your use of the Service or the purchase of any product through the Service shall be complete and accurate.

  1. SMS and Text Messages

Some portions of the Service may allow you to provide DonationScout with your phone number for receipt of certain transaction, marketing, and other communications via SMS from DonationScout. By providing your phone number, you consent to receipt of such communications at the number provided. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Reply HELP for help or STOP to cancel.

  1. intellectual property

The content of the Service is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on the Service solely for your own personal, non-commercial use, provided that none of the content is modified and all of DonationScout's legal legends are retained. You may not "mirror" any content contained within the Service without the express prior written consent of DonationScout. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of DonationScout or the appropriate copyright owner. DonationScout does not grant you any licenses, express or implied, to the intellectual property of DonationScout or its licensors except as expressly stated in the Agreement.

  1. TRANSMISSION OF CONTENT

Other than personal information, any material, information or ideas that you transmit to or post to or through the Service by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by DonationScout for any purpose whatsoever.

  1. Suggestions

If you elect to provide or make available to DonationScout any suggestions, comments, ideas, improvements, or other feedback relating to the Service (“Suggestions”), you hereby grant DonationScout an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), transferable right and license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, and have made Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

  1. MODIFICATIONS TO The Service
    1. DonationScout reserves the right to modify, suspend, or discontinue the Service or any product or service to which it connects, with or without notice, in its sole discretion, and DonationScout shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
    2. The Service may experience temporary interruptions due to technical difficulties, maintenance, or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements. DonationScout has no obligation to provide any specific content through the Service.
  2. INDEMNIFICATION

You agree that DonationScout shall have no liability for and you shall indemnify, defend, and hold DonationScout and its affiliates, and each of their officers, directors, employees, agents, members, partners, business associates, and licensors (collectively, the “DonationScout Parties”) harmless from and against any claim, demand, loss, damage, cost, liability, and expense, including reasonable attorneys’ fees, arising from or relating to: (a) any information or data you provide to DonationScout through your use of the Service; (b) your violation of the Agreement or the Additional Terms, any law or regulation, or any rights (including intellectual property rights) of another party; (c) your access to or use of the Service; or (d) your purchase of any product through the Service.

  1. DISCLAIMER OF WARRANTIES
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY PRODUCTS SOLD THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DONATIONSCOUT PARTIES EXPRESSLY DISCLAIM: (i) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) ANY LOSS, DAMAGE OR OTHER LIABILITY ARISING FROM OR RELATING TO EXTERNAL MATERIALS, THIRD-PARTY COMPONENTS, OR THIRD-PARTY PARTICIPANTS, OR ANY OTHER PRODUCTS OR SERVICES NOT PROVIDED BY DONATIONSCOUT.
    2. THE DONATIONSCOUT PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE AND ANY PRODUCTS PURCHASED THEREON WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
  2. LIMITATION OF LIABILITY
    1. THE DONATIONSCOUT PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM OR RELATING TO ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE DONATIONSCOUT PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE DONATIONSCOUT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENT, ANY PRODUCTS PURCHASED ON THE SERVICE, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO DONATIONSCOUT (IF ANY) FOR ACCESS TO OR USE OF THE SERVICE OR FOR ANY PRODUCTS PURCHASED ON THE SERVICE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
    2. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  3. TERMINATION

If you violate the Agreement, all rights granted to you under the Agreement terminate immediately, with or without notice to you. In addition, DonationScout may, at its sole discretion, terminate the Agreement or your access to the Service, at any time for any reason or no reason, with or without notice.  You may terminate the Agreement at any time upon notice to DonationScout.   The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Agreement for all purposes.

  1. modification of the agreement

DonationScout reserves the right to change the Agreement on a going-forward basis at any time without notice. Please check the Agreement periodically for changes. DonationScout will post changes to the Agreement to this website.  Changes will not apply retroactively and will become effective no sooner than thirty (30) days after they are posted; however, changes made for legal reasons will be effective immediately. If you do not agree to the changed Agreement, please discontinue use of the Service, and your continued use of the Service constitutes your acceptance of this modified Agreement.  If a change to the Agreement materially modifies your rights or obligations, DonationScout may require that you accept the modified Agreement in order to continue to use the Service. Except as expressly permitted in this Section 16, the Agreement may be amended only by a written agreement signed by authorized representatives of the parties to the Agreement. Disputes arising under the Agreement will be resolved in accordance with the version of the Agreement that was in effect at the time the dispute arose.

  1. Governing Law

The Agreement will be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Agreement.

  1. BINDING ARBITRATION AND CLASS ACTION WAIVER
    1. ALL CLAIMS (DEFINED IN SECTION 1(b)) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
    2. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, such hearing will be conducted in Austin, Texas, or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim will be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
    3. YOU AND DONATIONSCOUT EACH: (i) AGREE THAT ALL CLAIMS (DEFINED IN SECTION 1(b)) WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION, OR OTHER SIMILAR PROCESS; AND (ii) EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION 18 REQUIRING BINDING ARBITRATION WILL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND DONATIONSCOUT EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS (IF FEDERAL JURISDICTION APPLIES) OR A STATE COURT OF COMPETENT JURISDICTION IN TRAVIS COUNTY, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS, OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
    4. Notwithstanding anything to the contrary, you and DonationScout may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 18.
    5. If DonationScout implements any material change to this Section 18, such change will not apply to any Claim for which you provided written notice to DonationScout before the implementation of the change.
  2. international use

The Service is controlled and operated by DonationScout from within the United States. DonationScout makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

  1. NO THIRD-PARTY BENEFICIARIES

You acknowledge and agree that there are no third-party beneficiaries to the Agreement, except for the DonationScout Parties, DonationScout’s brand clients (as applicable) and DonationScout’s third-party payment processors.

  1. California Users And Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (800) 952-5210, or as otherwise set forth at https://www.dca.ca.gov/about_us/contactus.shtml (or a successor URL).

  1. CONTACT INFORMATION

The Service is offered by DonationScout LLC, located at 14425 Falcon Head Blvd., Building E, Ste 100, Austin, TX 78738. You may contact DonationScout by sending correspondence to that address or by emailing to hello@donationscou.com.

  1. GENERAL PROVISIONS

The Agreement (together with the Additional Terms) constitutes the entire agreement between you and DonationScout concerning your access to and use of the Service and any purchases thereon. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and DonationScout with respect to such subject matter. In the event of any conflict between or among the Agreement and any Additional Terms, the Agreement will take precedence and govern.  You may not assign or delegate any right or obligation under the Agreement without the prior written consent of DonationScout. DonationScout may assign or delegate any of its rights or obligations under the Agreement without your consent. The failure of DonationScout to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is held to be invalid or unenforceable under applicable law, then such provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Agreement.

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