SCOUT+ TERMS AND CONDITIONS OF SERVICE
Please read before signing up for Scout+ Membership
1. Applicability. These SCOUT+ Terms & Conditions of Service, together with those general terms and conditions applicable to any third party, including, specifically, any applicable Apple, Inc.® (“Apple”) terms and conditions (collectively, these “Terms”), govern the relationship between Customer (“Customer,” “you,” “your,” etc.) and SCOUT IT, LLC (“SCOUT”), with respect to the Services (as defined herein) provided to Customer with respect to Customer’s desire to subscribe to SCOUT’s “SCOUT+” annual service agreement for up to five (5) Mac computers (the “Equipment”) enumerated in the accompanying subscription order (the Subscription Order”) (the SCOUT+ annual service agreement hereinafter referred to as the “Services”). You acknowledge and agree to these Terms as set forth herein, unless modified in writing by SCOUT. These Terms and the accompanying Subscription Order, which is hereby incorporated by reference into these Terms, comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, between Customer and SCOUT regarding the Services and Customer’s Equipment.
2. Performance of Services. SCOUT shall use its commercially reasonable efforts to perform the Services specified on the Subscription Order within a reasonable period and for the charges specified thereon; however, Customer hereby acknowledges and agrees that repair of Customer’s Equipment may require additional time, labor and costs not included in the Services (“Additional Work”). Customer hereby acknowledges and agrees that nothing in these Terms nor in the Subscription Order shall create or be deemed to create any obligation on the part of SCOUT to perform the Services exactly as specified on the applicable Subscription Order and within the time and budget specified thereon. Customer hereby acknowledges and agrees that SCOUT, as an Apple® Authorized Service Provider, may use parts or products provided by Apple. that are new or equivalent to new in reliability and performance. SCOUT will return replaced parts to Apple., who retains the replaced part or product as its property, and the replacement part becomes your property. Replaced parts are generally repairable and are exchanged or repaired by Apple for value. If applicable law requires SCOUT to return a replaced part to you, you agree to pay SCOUT the additional cost of the replacement item. Apple. provides a Ninety (90) day warranty for Apple. parts used in the repair of non-warranty Equipment, which SCOUT will honor.
3. Payment. Payment for the Services is earned upon your acceptance of, and payment for, the Subscription Order. Except as specifically provided in these Terms or as required by applicable law, SCOUT does not provide refunds for Subscription Orders, nor does SCOUT warrant the quality of the workmanship or that the Services will ultimately be successful to ameliorate the issue with your Equipment.
4. Term; Renewal. Unless otherwise provided in a Subscription Order, these Terms and the Subscription Order shall become effective on the date signed by both Parties and continue for a period of one (1) year. Unless either Party provides written notice to the other at least thirty (30) days in advance of the end of the term, these Terms and the Subscription Order shall automatically renew for successive one (1) year terms.
5. Workman’s Lien; Abandonment. Customer hereby acknowledges and agrees SCOUT’s performance of the Services Specified on the Subscription Order to Customer’s Equipment creates a lien on Customer’s Equipment pursuant to Florida Statutes Section 713.31 and that SCOUT shall not be obligated to deliver Customer’s Equipment into Customer’s possession unless and until all required payments to SCOUT have been made with respect to the Subscription Order. Payment by Customer of all applicable Service fees and charges due in connection with a Subscription Order shall automatically extinguish this lien. Customer hereby acknowledges and agrees that if Customer has not claimed its Equipment and paid all charges due within sixty (60) days after being notified by SCOUT that the Equipment has been Serviced, SCOUT will consider your product abandoned and may dispose of your product in accordance with applicable law.
6. No Bailment; Damage. Customer hereby acknowledges and agrees that no bailment with respect to Customer’s Equipment is created by their delivery into SCOUT’s possession and that, except as specifically provided in these Terms, all risk of loss associated with the Services to be performed on Customer’s Equipment by SCOUT shall be borne exclusively by Customer. Customer hereby acknowledges that there is an inherent risk posed by the Services to the Equipment and that, while SCOUT will use reasonable efforts to avoid damaging the Equipment, damage, including total loss, to the Equipment may occur. Customer hereby acknowledges and agrees that, to the extent permitted by applicable law, SCOUT shall bear no liability with respect to any damage, including total loss, of Customer’s Equipment in connection with the Services to be performed thereon. Customer hereby acknowledges and agrees that Customer has not turned over into SCOUT’s possession Customer’s power cord or any items other than those specifically set forth on the Subscription Order. SCOUT hereby specifically disclaims any liability with respect to any items not specified on the Subscription Order and Customer hereby agrees to waive all claims it may have against SCOUT with respect to such items whatsoever.
7. Vintage Repairs.
a. Acknowledgement. Customer hereby acknowledges that once Apple. designates Equipment “vintage,” Apple. may no longer supply new replacement parts for the Equipment and Customer hereby acknowledges and agrees that SCOUT may seek third-party or “vintage” parts to effectuate the Services to be performed pursuant to the Subscription Order, if any such parts are reasonably accessible to SCOUT. Customer hereby further acknowledges and agrees that Services performed on “vintage” Equipment carry a greater inherent risk than repairs to non-vintage Equipment, which may result in damages to the Equipment during repair. Customer therefore hereby specifically authorizes SCOUT to attempt to Service Customer’s “vintage” Equipment and Customer further agrees to save and hold SCOUT harmless from any losses, damages, claims, fees and costs arising from any damage to Customer’s “vintage” Equipment that may occur in connection with the Services. To the extent permitted by applicable law, Customer hereby agrees to waive any claims Customer may have against SCOUT with respect to the Services to be performed on Customer’s “vintage” Equipment. Furthermore, Customer acknowledges and agrees that replacement parts for “vintage” equipment may not be readily accessible or may not be economical in comparison to the value of Customer’s equipment. Without altering the forgoing, SCOUT reserves the right to decline replacing any “vintage” parts in its sole and reasonable discretion, and Customer is encouraged to instead obtain a then-current device that is supported by Apple.
b. Warranty for “Vintage” Repairs. SCOUT uses third party parts in the repair of “vintage” Equipment, which may come with manufacturers’ warranties. Parts with such warranties may be repaired or replaced by SCOUT at SCOUT’s sole discretion within one (1) year after the day that SCOUT returns the Equipment. THIS WARRANTY SHALL BE LIMITED SOLELY TO THOSE PARTS THAT SCOUT REPLACED IN THE REPAIR AND THIS SHALL NOT BE CONSTRUED TO EXTEND SCOUT’S LIABILITY TO ANY REPAIRS OR OTHER MALFUNCTIONS AFFECTING YOUR EQUIPMENT/SOFTWARE. FINALLY, THIS WARRANTY SHALL BE FOR THE REPAIR OR REPLACEMENT SOLELY OF THE PARTS THAT SCOUT USED IN THE REPAIRAT THE ABSOLUTE DISCRETION OF SCOUT. For the avoidance of doubt, SCOUT provides no other warranties with respect to “vintage” Equipment or the Services performed thereon.
8. Software. Should any non-standard Apple software need to be reinstalled as a result of the repair, SCOUT will do so at the applicable standard labor rates. Software installation, data backup and data restoration are not included in the repair agreement nor is it covered by AppleCare. It is your responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving Services. SCOUT is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the Services provided by SCOUT. You represent that your product does not contain illegal files or data. If Service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize SCOUT to transfer the information and accept such terms on your behalf in performing the Service.
9. Customer Data.
a. Data Protection. Customer hereby acknowledges and agrees that SCOUT may collect and remit to Apple certain of Customer data in order to Service your Equipment under the Apple Warranty and as required by Apple; provided, however, under no circumstances will SCOUT share your sensitive personal data (such as your Social Security number, driver's license number, financial account number, credit report information, or credit, debit, or other payment cardholder information) without your permission; provided, however, you acknowledge that use of any service to backup your data, with such data containing any such sensitive personal data, will inherently require the sharing of such data to such service for its intended purpose. Customer hereby acknowledges and agrees that it is necessary for Apple to collect, process and use Customer’s data in order to process sales, perform Service and confirm compliance with applicable laws. SCOUT will maintain and use your personal data in order to allow you to exercise your rights arising from the Service of your Equipment and for quality and Service-related purposes. If you wish to have access to the information that Apple holds concerning you or if you want to make changes, access URL: www.apple.com/contact/myinfo to update your personal contact preferences. SCOUT will not use your information for direct marketing purposes without obtaining your consent and SCOUT will employ reasonable security measures to protect your data from public dissemination; provided, however, to the extent permitted by law, under no circumstances will SCOUT be liable for any damages, losses, or other claims in connection with Customer’s data.
b. DATA LOSS. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THERE IS AN INHERENT RISK THAT REPAIRS MAY RESULT IN THE LOSS OR CORRUPTION OF DATA AND THAT SCOUT SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE MY EQUIPMENT/SOFTWARE WITHOUT RISK OF LOSS OR CORRUPTION OF PROGRAMS OR DATA, OR (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY EQUIPMENT SHOULD BE DAMAGED OR LOST WHILE UNDER SCOUT’S CUSTODY AND CONTROL, SCOUT’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, SCOUT’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY SCOUT FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY SCOUT UNDER THESE TERMS AND CONDITIONS.
10. Customer Representations and Warranties. Customer hereby represents and warrants that: Customer is a resident of Florida and is not otherwise subject to the laws of the European Economic Zone, California, or Germany; that Customer has full title, right, and ownership in the Equipment to be Serviced by SCOUT; and that Customer has the requisite legal authority and capacity to enter into the agreements subject to these Terms.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER HEREBY AGREES THAT SCOUT, APPLE, AND THEIR RESPECTIVE AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH CUSTOMERS EQUIPMENT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON CUSTOMER’S EQUIPMENT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS.
12. WARRANTIES. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THESE TERMS OR ANY APPLICABLE SUBSCRIPTION ORDER ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, EXCEPT THOSE PROVIDED BY APPLE. TO THE EXTENT PERMITTED BY LAW, SCOUT SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS OR ANY APPLICABLE SUBSCRIPTION ORDER, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
13. Indemnification. Customer will defend, indemnify, and hold SCOUT and its subsidiaries, affiliates, successors, and assigns and its directors, officers, shareholders, and employees harmless from and against any loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost, fees (including any applicable taxes), or expense (including reasonable attorneys’ and professional fees and costs), and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (“Claims”) arising out of or occurring in connection with the any negligent, intentional, or tortious act or omission of Customer or Customer’s affiliates.
14. Termination. In addition to any remedies that may be provided under these Terms, Customer may terminate any Subscription Order with immediate effect upon written notice to SCOUT; provided, however, SCOUT is under no obligation to provide any refunds to Customer. SCOUT may terminate any Subscription Order with immediate effect upon written notice to Customer if Customer: (i) fails to pay any amount when due under these Terms or any applicable Subscription Order; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
15. Waiver. No waiver under these Terms or any applicable Subscription Order is effective unless it is in writing, identified as a waiver to these Terms or any applicable Subscription Order and signed by an authorized representative of the SCOUT waiving its right.
16. Force Majeure. SCOUT shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms or any applicable Subscription Order, for any failure or delay in fulfilling or performing any term of these Terms or any applicable Subscription Order when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of SCOUT including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic disease (whether or not declared a “Pandemic” or the equivalent thereof by the World Health Organization, otherwise designated as such by any applicable governmental authority), lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
17. Assignment. Customer shall not assign any of its rights or delegate any of its obligations under these Terms or any applicable Subscription Order without the prior written consent of SCOUT. Any purported assignment or delegation in violation of this Section is null and void. Unless specifically agreed to in writing by SCOUT, no assignment or delegation hereof relieves Customer of any of its obligations under these Terms or any applicable Subscription Order. SCOUT may assign any of its rights or delegate any of its obligations under these Terms or any applicable Subscription Order without the prior written consent of Customer.
18. No Third-Party Beneficiaries. These Terms or any applicable Subscription Order is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
19 Governing Law; Jurisdiction. These Terms or any applicable Subscription Order shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflicts of laws rules. The State and Federal Courts in and for Hillsborough County, Florida shall be the sole and exclusive venue for any legal suit, action or proceeding arising out of or relating to these Terms or any applicable Subscription Order, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
20. Severability. If any term or provision of these Terms or any applicable Subscription Order is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or any applicable Subscription Order or invalidate or render unenforceable such term or provision in any other jurisdiction.
21. Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms or any applicable Subscription Order including, but not limited to, Sections 3, 5, 6, 7, 10, 11, 12, 13, 19, and 21 hereof.
22. Amendment and Modification. These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
23. Attorneys’ Fees and Costs. In the event that SCOUT is required to bring an action in connection with the performance, breach, or interpretation of these Terms, the prevailing party in that action shall be entitled to recover from the losing party all reasonable costs and expenses of litigation, including reasonable attorneys’ fees, court costs, costs of investigation, accounting, and other costs reasonably related to the litigation in both the trial and appellate courts.
24. Counterparts. These Terms may be executed in one or more counterparts, each of which is an original, but constituting one and the same instrument. Execution of an electronic (including PDF) or facsimile copy shall have the same force and effect as execution of an original, and an electronic or facsimile signature shall be deemed an original and valid signature (as provided for in the U.S. Federal ESIGN Act of 2000, Uniform Electronic Transactions Act, or other applicable law).
Revised and Adopted Effective as of April 27, 2021