This Uscout Services Agreement (“Agreement”) is a contract between Uscout, Inc. (“Uscout” or “we”) and the individual or entity that registered with Uscout (“User” or “the User”). This Agreement thoroughly reviews the terms and conditions that apply to the User’s use of the Uscout marketplace to book or list spaces or other services through our website or and other available apps.
This Agreement also covers the User’s Owner spaces for other Users; and establishes the obligations owed between the User and Uscout, and between all Users of the service.
Throughout this document, the term “Service” is used to refer to the service allowing the User to book spaces and services through our website or apps (the “Platform”). The term Service does not include any services provided by third parties. The terms “Renter” and “Owner” refer to the party Booking or Listing a space, respectively.
A “space” is the location or site that is made available to a Renter to use during specific times for a specific purpose (an “Event”), and subject to specific Fees and any site-specific terms or limitations. An Owner may “List” a space by providing certain details about the space including availability, pricing, and terms or limitations of use; this posting about a space is called a “Listing.”
A Renter may “Book” a space by reviewing and agreeing the times, fees, and any additional terms (such as fees for damages, overstaying, etc.…etc.…) or limitations of the Listing. A “Booking” is (i) only the grant of a limited, temporary, revocable license to use a space, and (ii) if applicable, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use contained within—including times, specific fees, and other additional terms or limitations—may also be included in or supplemented by a separate “Booking Agreement” that incorporates the terms and conditions of this Agreement and referenced policies. While a booking allows the User limited access to use the space or other service as permitted in the Booking Agreement, it does not provide a lease or other contract therein.
This Agreement is organized into 5 individual parts for your convenience:
- Part 1: General Terms includes general terms describing the User’s Account including creating an account, accepting or making payments, and describing how we (Uscout) will communicate with the User.
- Part 2: Platform and Service reviews how the User may and may not utilize the Platform and Service, and also goes over how we access, review and otherwise interact with any provided data from the User or third-party services.
- Part 3: Uscout Services establishes the obligations of Owners, including how to List a space as well as what is expected of any space Listed through the Service; and the obligations of Renters, including Booking a space, expected behavior, responsibility for payment of Fees, and Booking other services.
- Part 4: Termination, Disputes, and Binding Arbitration reviews termination or suspension of this Contract or the User’s Account, and the process of resolving any disputes. This Part contains waivers of both class actions and jury trials, and an agreement to submit all claims and disputes to a binding arbitration. Please read this Part carefully before accepting this Agreement –the User may not utilize the Platform or Services if the User does not agree to this Part.
- Part 5: Additional Legal Terms provides additional legal terms including our ability to update this Agreement, disclaimers and limitations on our liability, and some specific terms for Users outside of the United States
If the User has questions about this Agreement, please contact us. The User’s utilization of the Uscout Platform or Services constitutes the User’s ongoing acceptance of this Document and the Agreement contained within, as amended.
Part 1: General Terms
We (Uscout) are continuously improving the Platform or Service for all Users and reserve the right to make changes in our discretion. Changes Uscout makes to the Platform or Service, including discontinuing certain features, affect all Users and we (Uscout) try to minimize disruption to Users. However, these changes may affect Users differently. We (Uscout) are not responsible if any specific changes we (Uscout) make to the Platform or Service adversely affect how the User use them.
Uscout provides the User access to Services through the Platform. The User may access the Platform through our website or apps, including those for both Droid and Apple devices. The User may utilize the Service to List spaces as an Owner, Book spaces as a Renter, communicate with other individuals who utilize Uscout resources, and access the User’s Account.
The User may also be permitted to Book services or rentals through the Owner, which may require the User to agree to additional terms or conditions at the discretion of the owner. However, the Owner cannot request anything that would go against the terms and services listed within this Agreement.
1.2 The User’s Account
Before utilizing the Platform or Services, the User must create an account with Uscout (“Account”) and provide Uscout with information about the themselves or the User’s company. We (Uscout) may ask that the User update the User’s Account, verify the information given upon sign up, or provide additional or different information at any time. This includes, but is not limited to requiring additional details about spaces or payment information.
The User will be required to provide an email address and password to keep the User’s Account secure (“Credentials”). They must also agree to keep the User’s Credentials private and secure. No staff member, affiliate or employee of Uscout will ask for your password, and disseminating that information is the responsibility of the User only.
Employees, contractors, or third-parties opening a new or utilizing an existing account (collectively, “Agents”) represent and warrant that they have authorization to act on behalf of an individual or entity they claim to represent; and if such authorization is not provided by the individual or entity, such Agents acknowledge individual liability for all obligations and liabilities arising from or related to use of the Account by such Agents.
The User is responsible for any actions taken on the User’s Account utilizing the User’s Credentials whether or not authorized or taken by Agents to List or Book a space. The User is solely responsible for the actions or communications of the User’s Agents. We (Uscout) are not responsible for and disclaim all liability for use of the User’s Account by the User’s Agents.
If the User is not at least 18 years old, the User may not open an Account under their own name or credentials, access the Uscout Platform, or use the Services as an individual. They may, however, use the platform under an adult’s supervision on said adult’s account. Users (including Agents) who use the Uscout Services or the Platform to List or Book spaces on behalf of individuals under 18 years old, or provide access or use of spaces by individuals under 18 years old, accept individual liability for all acts or omissions of such individuals.
When creating or utilizing the User’s Account, the User may be required to provide information about the themselves or the Owner’s space, or provide optional information or comment on other Owners’ spaces including text, images, or videos (collectively, “Content”). The User will only provide Content to Uscout that the User own or have authorization to provide, and ensure that Content is accurate and complete. The User must keep any Content current, including the User’s contact or payment information. We (Uscout) reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating the User’s identity or business information, or verifying information about spaces. The User will provide any additional information to verify the accuracy or completeness of any Content that the User provides us (Uscout) may set limiting conditions to the User’s access and utilization of the Platform or Service dependent on our ability to verify the accuracy and completeness of this Content. If the User does not provide required Content, Information or other required data to Uscout as and when we (Uscout) request it, we (Uscout) may suspend or terminate the User’s Account.
The User may close the User’s Account at any time by notifying us within a timely fashion before they wish to discontinue their account. The User is responsible for all activity associated with the User’s Account made before it is closed including payment of Fees, Taxes, or Fines; providing use of spaces to Renters as previously Booked; or other liabilities caused by or resulting from use of the Platform or Service. The User understands that we (Uscout) may retain Content and continue to display and use any public Content (including comments or reviews of spaces) provided to Uscout prior to closing the User’s Account.
At our sole option, we (Uscout) may suspend or terminate the User’s Account as provided in Part 4(b).
1.3 Compliance with Laws
As used in this Agreement, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements. The User will comply with all Laws applicable to the User’s use of the space, Services, and Platform, whether as an Owner, or Renter.
While we (Uscout) may or may not provide information to help the User understand certain obligations of utilizing or Owner spaces, we (Uscout) are not authorized to provide and will not provide any legal advice. The User is solely responsible for the User’s compliance with Laws and may only use the Platform or Service in compliance with applicable Laws. If the User is unsure how to comply with Laws, the User should seek legal advice related to Listing or Booking a space.
1.4 Fees and Taxes
(a) Fees, Overtime, and Deposits. The Renter is responsible for payment of fees, expenses, and other amounts related a to Booking (“Fees”). Fees include amounts paid to Uscout, and Owners and as described in more detail on our Fees Overview. Uscout receives Fees for providing use of the Service, and Owners receive Fees for Bookings. The specific Fees charged are presented once the User completes, updates, or cancels a Booking. Please review all Fees before completing a Booking to make sure the User understands the Fees for the Booking, including our Cancellation and Refund Policy. The User should contact Owners through the Platform before Booking if the User doesn’t understand the Fees listed. Please contact us if the User has any questions about Fees or our Cancellation and Refund Policy.
A Booking provides a limited use of a space as described in the Listing and Booking Agreement, if applicable. If a Renter utilizes a space beyond the Booking the Renter will be responsible for payment of additional Fees (“Additional Fees”) as described on the Fees Overview. We may calculate the Additional Fees based on the User’s exceeding the time (for example, a calculated hourly rate billed in 30-minute increments) or other costs associated with the User’s exceeding the permitted usage of the Booking (for example, exceeding the number of Event attendees). The Renter is solely responsible for any damage done to the space or the Amenities by anyone attending or working at the User’s Event. Owners must notify us within 3 days of a Renter exceeding the permitted use of the space and specifically request payment of Additional Fees. Any dispute regarding Additional Fees will be resolved as described in Part 4.3.
While we may facilitate the collection of Fees and Deposits for Owners, once remitted to Owners, we are not responsible for the return of Fees or Deposits to Renters, where applicable.
Certain Bookings may require the User to surrender a portion of prepaid Fees, a security deposit, or a refundable amount (“Deposit”) in advance. All Fees and Deposits, as applicable, will be identified prior to completing the User’s Booking. If held by Uscout, at our option, Deposits may be credited to the User’s Booking or returned once the space is returned in acceptable condition and free of any material damage.
(b) Taxes and Fines. The User is solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking spaces including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”).
Except when specifically required by Law, Uscout will not calculate, track or pay Taxes or submit Tax reporting on the User’s behalf. The User is responsible for all Taxes owed for Booking or Listing a space, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on the User’s behalf, the User is immediately liable to Uscout for such Taxes and will reimburse or pay Uscout for such Taxes upon demand. The User is also responsible for any penalties arising from the User’s failing to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by Uscout for losses we or Users incur that are based on the User’s failing to comply with this Agreement or misuse of the Platform, Services, or space. The User understands and agree that Uscout does not provide the User with any advice or guidance of any kind or nature regarding Taxes and that the User have been advices to consult with the User’s tax advisor for any required advice or guidance regarding Taxes.
(c) Payment. The User will timely and fully pay any Fees, Deposits, Taxes, Fines, or other amounts the User owes under this Agreement. If the User owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that the User pay through other means (such as direct debit, wire transfer, or cashiers’ check). We may set-off any amounts owed to Uscout through collection of funds that would otherwise be payable to the User through the Platform. The User is responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses. In our discretion, any late payments of more than 7 days may incur a late charge of up to ten percent (10%) and accumulate interest of ten percent (10%) per month until delinquency is resolved.
1.5 Receiving Payment
Acceptance and payment of funds between Users of the Uscout Platform (“Payment Processing”) is provided by Stripe. The User’s use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”).
As a condition utilizing Payment Processing, the User must provide accurate and complete information about the User and the User’s business. In addition, the User must authorize Uscout to share this information to Stripe.
All bank and credit card information is sent directly to and stored with Stripe utilizing their security protocols. Uscout does not store the User’s payment information on its systems and shall not have any responsibility for the safety or security of that information. Uscout will not be able to recall whole credit card numbers, nor will Uscout save them to our servers for later review. The User’s use of Payment Processing is conditioned upon the User’s compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe the User may not be able to use the Platform, or have the User’s Account suspended or terminated.
We may change or add other payment processing services at any time upon notice to the User, which may be subject to additional terms or conditions.
1.6 Communication and Notices
We may communicate with the User and provide the User information or notices regarding the User’s Account or transactions through email, telephone, text message or SMS, or through messaging on the Platform depending on which permissions were agreed to upon initiating the User relationship with Uscout.
The User with listing will promptly respond to any communications the User receives and understand that failure to do so may impact the User’s ability to Book or List spaces, or use the Platform or Services.
We may send the User notices to the email address or physical address included in the User’s Account, through messaging on the Platform, or (for businesses) to the address of the User’s headquarters or registered business, or (for individuals) to the User’s residence. The User may send any legal notices to Uscout at firstname.lastname@example.org. The User agrees that any email notice from Uscout is considered accepted by the User one day after such notice was sent and will have the same legal effect as if it were physically delivered to the User.
The User specifically consents to receive communications related to the User’s Account through text messages, SMS, or other communications sent to the User’s mobile device (“Mobile Notifications”). Standard mobile rates will apply for any Mobile Notifications the User receive. The User may stop receiving these Mobile Notifications at any point by responding to such message with “STOP” or following the instructions included in a message. However, if the User does so, the User may miss critical messages related to the User’s Account. We are not responsible for and disclaim all liability for all harm or losses caused by disabling Mobile Notifications. Please contact us if the User experience issues when attempting to stop Mobile Notifications.
The User agrees to receive any communications from Uscout and transact with Uscout electronically. This acceptance of emails or other electronic messages constitutes the User’s consent and the User’s electronic signature has the same legal effect as physically signing a document. The User may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Platform and the Services, following any such notice we may elect to close the User’s Account.
To receive electronic communications the User must keep the User’s hardware and software up to date. If the User is having problems receiving communications, please first verify that the User’s hardware and software have all current updates installed. If the User still has problems communicating receiving messages please contact us.
1.7 Communication with Other Users
The Platform allows the User to communicate with other Users without disclosing sensitive individual contact information to any outside sources or other Users of the Uscout Service. Privacy is of the utmost important at Uscout and the Service is meant to protect that. It is the User’s responsibility to use good judgment in the information the User provides to other Users of the Uscout service. The User may use the Platform only to List or Book spaces, communicate with Uscout or other Users, resolve disputes, or use other functionality we (Uscout) provide to the User through the Platform. The User may not use the Platform to send messages that are unwanted or unrelated to a Listing or Booking through the Platform, use the Platform to harass or attempt to market other services to Users, or send spam.
We (Uscout) strongly recommend that the User should utilize the Platform to communicate with other Users, i.e. Renters and Owners. If the User has access to or utilizes other means of communication the User understand that they could be putting the User’s individual contact information at risk of misuse. The User also understand that any communications made outside of the Platform may impair the User’s ability to recover all or some amounts owed to the User in the event of a dispute between the User and another User. This is explained further in Part 4.3.
Uscout, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among Users which contain or share individual contact information, or (ii) suspend or terminate the accounts of Users that share individual contact information.
We (Uscout) are not responsible for, and disclaim all liability resulting from, any losses or harm to the User resulting from sharing individual or sensitive information with other Users, or communicating or engaging with Users outside of the Platform. More information regarding appropriate communications conduct when utilizing Uscout is included in our Community Guidelines.
1.8 Non-Endorsement Clause
We (Uscout) provide a Platform to help Users connect with each other on the Platform but do not endorse any specific Renters, Owners, or spaces registered with or offered through the Platform. Any designations or badges provided through the Platform are based on the information we (Uscout) have available to Uscout which may be provided by other Users or third parties and which may be inaccurate or out of date and do not constitute endorsement. Each User is independent, and Owners are independent contractors, unaffiliated with Uscout, that are solely responsible for the character, quality, utility and provision of any space they provide or do not provide to the User.
Part 2: Platform and Service
2.1 Ownership, License, Restrictions
Uscout owns all right, title, and interest in the Platform, Services, and all intellectual property embodied or contained therein and pertaining to Uscout (individually and collectively, “IP”).
This IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through the User’s Account, we (Uscout) grant the User a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Service for the purposes described in this Agreement and only as provided to the User through the Platform. This license does not constitute a transfer of ownership or grant the User any additional rights to use the IP. The User may not register, claim ownership in, or sublicense the Platform, Services, or IP; use the Platform, Service, or IP in violation of this Agreement or Laws; or reverse engineer or copy all or any portion of the Platform, Service, or IP (except as expressly permitted). We (Uscout) may suspend or close the User’s Account and pursue legal action against the User if we (Uscout) believe or determine that the User’s use of the Platform, Service, or IP exceeds the scope of this grant; or that the User is attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that the User is otherwise interfering with the normal operation of the Platform or Service.
We (Uscout) may provide the User logos or other digital media (“Logos”) to help the User advertise the User’s space to potential Renters. Where provided, the User agrees to use Logos only to advertise the User’s space. The User may not use any Logos, the Platform, copyrighted resources, or the Service for any unlawful competitive use or in a manner that harms or tarnishes the Uscout brand or reputation; and the User is prohibited from modifying or utilizing Logos in any manner that is inconsistent with our authorization or guidelines. We (Uscout) may terminate the User’s right to use any Logos in our discretion upon notice to the User in which event the User shall cease utilizing any such Logos.
2.2 Community Guidelines
We (Uscout) have established Community Guidelines that set our expectations for all Users on the Platform. These are unbiased and meant to make the Platform accessible and fair to all Users. The User will review and abide by the Community Guidelines whenever utilizing the Platform or Services, communicating with other Users, or utilizing or providing use of spaces. If the User believe that another User is violating the Community Guidelines, please contact us immediately. Uscout will protect the anonymity of the reporter, and has a strict protection rule.
Uscout shall have no duty to monitor Users’ compliance with or to enforce the Community Guidelines and shall have no liability for any User’s violation of the Community Guidelines.
(a) Posting Content. The User represents and warrant that the User is authorized to provide Content to the Platform and that any Content the User provide does not violate the proprietary or privacy rights of a third party agreed to within this document.
As such, the User may never provide any Content that is copyrighted by third parties without their express written or digital permission. The User grants Uscout a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content the User provides to us with no restriction. This grant includes Uscout’s ability to use any Content for both internal use (such as analysis to improve the Platform or Services) or external use (such as in marketing or online advertising) according to the judgement of Uscout and its administration.
If the User cannot provide Uscout the above grant, then the User may not provide Content to us. The User agrees to indemnify, defend and hold Uscout harmless for any damages or losses based on third-party claims that Content violates proprietary or privacy rights.
(b) Restrictions on Certain Content. The User may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other Users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a space; (v) contains marketing or promotional content unrelated to the details of a space; or (vi) includes sensitive individual information, including payment, contact information, or individual account details. The User will not knowingly or negligently provide any Content that contain viruses, Trojan horses, and other harmful content (collectively, “Viruses”). While we (Uscout) attempt to identify any Viruses, we (Uscout) are not liable for and disclaim all responsibility for ensuring that Content is free from Viruses. Purposeful infliction of viruses upon Uscout servers could result in litigious or otherwise legal action.
(c) DMCA Notices. If the User believe that any Content posted violates the User’s copyright, please notify Uscout at email@example.com. This notice should identify the specific Content and provide Uscout with evidence of the User’s ownership of the copyright or authorization to enforce the rights of the copyright owner. We (Uscout) will internally review alleged violations but may not send the User a response each time notifying the User of the results of our review. Any information the User provide to Uscout may be shared with other Users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We (Uscout) will remove any content we (Uscout) determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).
2.4 Privacy and Data Usage
2.5 Support, Feedback
We (Uscout) provide the User basic information to help the User access and utilize the Platform and Services at our Support Site. While we (Uscout) try to maintain accurate support information, we (Uscout) are continuously improving the Platform and Services and cannot guarantee that the information provided through our Support Site is always accurate or current. While we (Uscout) may also provide email or phone support from time to time, we (Uscout) cannot guarantee that the User will, where provided, receive a response within any specific timeframe.
We (Uscout) appreciate any ideas, suggestions, or feedback the User voluntarily provide to help Uscout improve the Platform or Services (“Feedback”). Any Feedback the User provide Uscout is ours to use, register, modify, monetize, and otherwise use. The User grant Uscout all title and interest in any Feedback the User provides to Uscout and, if necessary, agree to assist Uscout in establishing our ownership. The User acknowledge that the User will not receive any compensation for providing Uscout Feedback.
Part 3: Uscout Services
3.1 Listing spaces - This Part applies to Owners
(a) Listings. Once the User List a space as an Owner, the User must provide details about the space including a description, how it may be used, the cost of a Booking, a list of any facilities, current pictures, and other details about its potential uses and condition (collectively, “Description”). This includes details regarding use of any amenities, furniture, equipment, or fixtures that are part of or in the space (collectively, “Amenities”).
While it is important to communicate excitement and the benefits of the User’s space, the Description must be accurate and give potential Renters a reasonably good understanding of how they may use the space for their Event.
Descriptions may not include any contractual obligations or alter Renters’ legal liabilities from those described in this Agreement including (i) modifying or expanding Renters’ financial responsibilities or limit Renters’ ability to seek recourse or restitution under this Agreement (unless expressly permitted by Uscout once applicable in a Booking Agreement), (ii) violate the Community Guidelines or Laws, or (iii) require Renters to pay the User directly outside the Platform.
(b) Transacting with Renters. All Owners must comply with our Community Guidelines when Listing a space, providing a Description, and in transacting with Renters. The User is responsible for maintaining the described space and Amenities so that Renters may reasonably use them as provided in the Description and Booking on the Uscout site and other resources.
Spaces and Amenities must be in good working order and provided to Renters in a safe, clean and usable condition. Any plumbing, electrical, structural or other physical deficiencies or defects must be corrected before the User List a space. Except as specified in a Booking Agreement, all water, electricity, HVAC and other utility services (exclusive of telephone and data services) are provided with the space at no additional cost.
(c) Booking Agreements. We (Uscout) may or may not elect to require a Booking Agreement with the Owner’s Listing that includes all or part of the Description including a listing of any Amenities and any additional terms and conditions. Where required, the Booking Agreement will incorporate this Agreement and supplement and be a part of the binding agreement between the User and a Renter. Except where approved by Uscout, Booking Agreements may not impose rules or limitations on use that are materially different than those listed in the Description, include any additional contractual obligations, or alter Renters’ or Owners’ liabilities.
(d) Recordings. During their Event, Renters may photograph, film, or otherwise record events when utilizing spaces and Amenities (“Event Recordings”). Except as expressly prohibited by federal, state, local or other governmental Laws or as otherwise set forth in the Description or any Booking Agreement, the User grant to any Renter that Books a space a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense Event Recordings that may include or identify the space or Amenities.
(e) Conduct and Fees. As an Owner, the User is solely responsible for ensuring that spaces and Amenities comply with all applicable Laws including any local ordinances related to the condition, licensure, or registration spaces for use by Renters, and payment of Taxes. We (Uscout) may condition the User’s continued use of the Platform and Services on the User’s providing proof, to our reasonable satisfaction, of the User’s compliance with Laws at any time. All Fees owed by Owners are subject to the Fees Overview and Cancellation and Refund Policy.
(f) Preparation for and Supervision of Event. As an Owner, the User is solely responsible for (i) preserving and protecting the User’s space and Amenities by removing and/or securing valuable, vulnerable or sensitive items, (ii) determining the appropriate types and intensities of permitted uses in the User’s space, (iii) evaluating the appropriateness of potential Renters, and (iv) supervising and monitoring the space and Amenities and the User’s Renter’s use of the space and Amenities for the Event, to the extent (if any) the User as Owner determine in the User’s sole judgment.
3.2 Booking spaces and Services - This Part applies to Renters
(a) Bookings. As a Renter, the User should review the Description and availability to confirm they are appropriate for the User’s Event before Booking a space. The Platform allows the User to confirm any details or ask the Owner any specific questions about the space, or confirm details of a Booking, without sharing the User’s individual contact information. Prior to Booking, the User will need to provide payment information through the Platform. Booking Fees and any Deposit, if applicable, will be shown before the User complete the User’s Booking. The User is responsible for all Fees and Taxes associated with the Booking. All Bookings are subject to our Cancellation and Refund Policy.
Once the User Book a space, the User is only provided a license to use the space as described in the Booking and confirmed by the Owner, subject to this Agreement and any Booking Agreement. A Booking does not provide the User a lease or access or use of the space beyond the specified time and Description.
(b) Conduct and Fees. The User will comply with the Community Guidelines and any Booking Agreements throughout the Booking and use the space only as permitted or agreed upon and consistent with the Description, and assure that any attendees do the same.
During the User’s Booking, the User is responsible for (i) should other, non-User attendees utilize the space, any infraction on behalf of them will be the responsibility of the User whose name the Booking in, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) coordinating the timely setup or breakdown of the User’s Event, or (iv) complying with applicable Laws including acquiring any required licenses or permits for the User’s Event, hiring security individually for larger Events, or limiting noise to certain times of the day. The User is responsible for and accept all liability for any damage done to the space or Amenities during the User’s Event by attendees or service providers whether intentional or not, for the User’s failure to comply with applicable Laws, and for any Fines the User incurs.
The Renter agrees to return the space to the Owner in substantially the condition as provided to the User’s or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify Owners of any damage done to the space or Amenities. All Fees owed by Renters are subject to the Fees Overview and Cancellation and Refund Policy.
3.3 Required and Supplemental Insurance
(a) Required Insurance. Every User will acquire and maintain all insurance as required by Law in the state and country of their residence, and suitable for the User or the User’s business. The User is solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to the User, the User’s business, those attending the Event, third parties, the space or Amenities, and deciding what coverage, limits and providers are appropriate for the User.
We (Uscout) may, but are not required to, offer the User the option to buy certain insurance provided through third parties for the User’s Event through the Platform. We (Uscout) cannot assure and expressly disclaim (i) any liability to the User or third parties that any insurance offered or acquired to the User through the Platform will appropriately cover or mitigate risks to the User, the User’s business, those attending the Event, third parties, the space or Amenities, or (ii) endorsement of the quality, character or financial capacity of any insurance company offering insurance products through the Platform.
(b) Supplemental Insurance. Uscout may, in its sole discretion, obtain and maintain supplemental insurance policies providing limited supplemental protection of Owners against liability to Renters, Event attendees or third parties for individual injury or property damage sustained by Renters, Event attendees or third parties (a “Owner Policy”). Where we (Uscout) elect to provide an Owner Policy, this does not cover damage to the space or Amenities and does not eliminate or reduce the User’s obligation to maintain insurance as provided in Part 3.3(a). Further, where provided, recovery under an Owner Policy will be (i) available only where an Owner fully complies with this Agreement, (ii) supplemental to any insurance maintained by Owners, (iii) limited to the terms, conditions, and exclusions of the Owner Policy, (iv) subject to the then applicable claims procedure established by Uscout and the issuer of the Owner Policy, and (v) subject to an Owner promptly notifying the Uscout support team of any potential claims. Further, Uscout or its insurers may amend, modify, or terminate any Owner Policy at any time, with or without notice to the User.
3.4 Listing or Booking Agents - This Part applies to Agents that List or Book spaces on behalf of Users
Except where agreed upon in writing by Uscout, if the User List or Book as an Agent, the User is directly responsible for complying with, and cause the User to comply with, the terms of this Agreement and any Booking Agreement. This includes the obligations stated in Parts 3.1 (for Owners) and 3.2 (for Renters). In addition, upon our request, the User will provide authorization from the party that the User represent as Agent.
3.5 Cancellations and Refunds
Part 4: Termination, Disputes, and Binding Arbitration
4.1 Term, Termination, and Survival
(a) Term and Termination by User. The User consent to this Agreement when the User first accesses or utilizes the Platform or Services, and the User’s continued use of the Platform and Services constitutes the User’s ongoing consent to this Agreement as amended from time to time. The User may terminate this Agreement by closing the User’s Account with us, however this will not immediately terminate any ongoing rights or obligations the User or we (Uscout) may have. This includes any obligations to pay for Bookings, to honor any Bookings made before termination, or to pay Fees, Taxes or Fines due; or any liabilities that the User incurred prior to termination.
(b) Suspension or Termination by Uscout. We (Uscout) may suspend the User’s Account–including the User’s ability to communicate with other Users or receive payments, or complete a Booking–or terminate this Agreement and the User’s Account at any time including, without limitation, (i) if we (Uscout) believe that use of the User’s Account poses a risk to Uscout, the User, other Users, or third parties, (ii) actual or potential fraud by the User or on the User’s behalf, (iii) the User’s failure to respond to communications from Uscout or other Users, or (iv) the User’s failure to comply with this Agreement or applicable Law.
(c) Survival. The following provisions will also survive termination of this Agreement: Parts 1.3 (Compliance with Laws), 1.4 (Fees and Taxes), 1.6 (Communication and Notices), 1.7 (Communication with Other Users), 1.8 (No Endorsement), 2.1 (Ownership, License, Restrictions), 2.2 (Content), 2.4 (Privacy and Data Usage), 2.5 (Support, Feedback), Part 3.1(d)(Recordings) and (e)(Conduct and Fees) for Owners, Part 3.2(b) (Conduct and Fees) for Renters, 3.3 (Required and Supplemental Insurance), 3.4 (Listing or Booking Agents), 3.7 (Cancellations and Refunds), 4 (Termination, Disputes, and Binding Arbitration), and Part 5 (Additional Legal Terms).
4.2 Binding Arbitration
This Part reviews how disputes or claims arising under this Agreement between the User and Uscout or between the User and another User (not resolved through the process set forth in Part 4.3) will be resolved. It includes waivers to both a jury trial and the User’s ability to join other plaintiffs as part of a class action. Please read this Part carefully before accepting this Agreement—the User may not use the Platform or Services if the User do not agree to this Part.
(a) Process for Arbitration. Subject to the exclusions provided in Part 4.2(b) and the process provided in Part 4.3, all disputes, claims, and controversies arising under or related to this Agreement between the User and Uscout or between the User and another User (if not resolved pursuant to Part 4.3 below) will be resolved through binding arbitration as follows:
- (i) if the amount of the dispute, claim, or controversy is reasonably less than $25,000, resolution shall be administered online by Fair Claims (www.fairclaims.com) or another online arbitration provider of our choosing in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. The User consent to receive electronic service of process at the email associated with the User’s Account. Where the User is delinquent in responding to such process, the User will be responsible for any attorney, court, or other fees associated with the delinquency. The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Uscout. As a part of the User Dispute, the User may also seek to recover these costs if the User prevails.
- (ii) if the amount of the dispute, claim or controversy is reasonably $25,000 or more, resolution shall be before a single arbitrator and administered by JAMS. This includes but is not limited to any statutory or common law claims relating to breach, enforcement, or interpretation of this Agreement and any Booking Agreement. Any such arbitration will take place in the county where the Booked or Listed space is located, unless the User and Uscout mutually agree otherwise. The arbitrator will apply the substantive Laws of California. All claims from $25,000 to $250,000 shall be subject to the JAMS Streamlined Arbitration Rules. The Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern all such arbitrations under this Agreement. To initiate such an arbitration, a party will provide a written demand that states both the basis of the claim and the desired relief. Each party irrevocably and unconditionally consents to service of process through individual service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement affects the right of any party to serve process in any other manner permitted by Law.
Once arbitration is initiated as provided in Subparts (i) or (ii) above, the parties will share the costs of the arbitration, facilities, and arbitration reporters (as necessary) equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorneys’ fees and legal costs. The arbitrator may award the prevailing party recovery of any of the costs of arbitration or legal fees as they see appropriate.
The arbitrator may provide for any monetary or other remedies that are available under applicable Law but may not modify the terms of this Agreement or any Booking Agreement. The arbitrator will provide a reasoned decision addressing the specifics of the dispute. The decision is binding and not subject to appeal. The parties will act promptly to respect the decision of the arbitrator, including payment of any amounts owed or taking of any action required.
Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
(b) Certain Claims Excluded. Notwithstanding Part 4.2(a), the parties agree that any claims based on ownership or misuse of the other party’s intellectual property—including patents, copyrights, or trademarks—may be brought before the state or Federal courts located in San Francisco, California. Either party may also seek provisional remedies for injunctive relief under such claims from a court of competent jurisdiction.
(c) Class Action and Jury Waiver. Each party agrees that any action or claim arising from or related to this Agreement or any Booking Agreement may only be brought on an individual basis and not part of a class action or consolidated arbitration, or join claims with other Users or third parties. Further, each party expressly waives its right to a jury in arbitration and court, where permitted. The User may opt-out of this class action and jury waiver described in Part 4.2(c) by emailing Uscout at firstname.lastname@example.org within 30 days of the User’s first use of the Platform or Services. The User must include the User’s name, phone number, physical address, and email address in the User’s opt-out notice. This is the User’s only mechanism for opting out of this Part 4.2(c) and failure to do so as described constitutes the User’s consent to this waiver. If the User chooses to opt out of this Part 4.2(c), please note that all other provisions in this Agreement will remain intact and in full force and effect.
(d) Conflict of Rules. If any provision of this Part 4.2 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.
4.3 Disputes Between Users
This Part reviews how disputes or claims arising under this Agreement between the User and another User will be resolved. Please read this Part carefully before accepting this Agreement—the User may not use the Platform or Services if the User do not agree to this Part.
(a) Initial User Dispute Resolution. The User agrees that the initial attempt to resolve any disputes, disagreements, or claims that the User has or has had with other Users (“User Dispute”) in good faith through the utilization of the Uscout Platform.
If the User is unable to resolve the User Dispute, the User then will submit a fully detailed User Dispute to Uscout for review. The User must make sure to include any documentation concerning the issue and obtained on the Uscout application or site, to Uscout at email@example.com . Information obtained off of the Platform may or may not be usable in such an event.
In our sole discretion, we (Uscout) may (i) require that the User submit additional details regarding any User Dispute, and/or (ii) hold any pending payments or reverse any payments already made to the User and hold such payments pending final resolution of the User Dispute. We (Uscout) will review the summary and communications made on the Platform. We (Uscout) may, but are not required to, also review communications made outside of the Platform. Upon review and investigation, we (Uscout) will either (a) provide the User and the other User our conclusion based on the summary provided, which the User agrees to accept as final and binding determination with the same force and effect as if determined through arbitration as provided in Part 4.2; or (b) require that the dispute is resolved through binding arbitration adjudicated by a third party as provided in Part 4.2(a). The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Uscout. As a part of the User Dispute, the User may also seek to recover these costs if the User prevails. Any payments held by Uscout pending final resolution of a User Dispute shall be disbursed by Uscout as determined by Uscout, the arbitrator, or a court of competent jurisdiction.
(b) User Disputes Under $25,000. After following the process outlined above, if the User Dispute relates to an amount reasonably less than $25,000, the User agrees to submit the User Dispute to binding arbitration as provided in Part 4.2(a)(i) above.
(c) User Disputes of $25,000 or higher. After following the process outlined above, if the User Dispute relates to an amount reasonably $25,000 or more, the User agrees to submit the User Dispute to binding arbitration as provided in Part 4.2(a)(ii) above.
4.4 Confidentiality of Proceedings
Any proceedings pursuant to this Part 4, and thus described above, as well as their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those individuals participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.
Part 5: Additional Legal Terms
5.1 Right to Amend
We (Uscout) may amend or modify this Agreement at any time by posting the modified Agreement on our website, sending the User a copy via email, or otherwise communicating the amendment to the User through the Platform. The User’s continued use of the Platform or Services after we (Uscout) amend or modify this Agreement constitutes the User’s consent to the revised Agreement. If the User does not agree to the revised Agreement, the User must close the User’s Account by contacting us.
5.2 Force Majeure; Cancelations
Uscout is not responsible or liable for nonperformance caused by telecommunications failures, fires or other acts of nature, strife or acts of political discord, or other events outside its reasonable control (each a “Force Majeure”).
Cancellations of Bookings, whether with or without cause, or caused by events outside of the User’s reasonable control, are subject to our Cancellation and Refund Policy. Please review it carefully before Booking a space.
5.3 No Assignment
The User may never assign this Agreement, or any rights granted to the User, including operation or management of the User’s Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We (Uscout) may assign this Agreement upon notice to the User as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.
USCOUT PROVIDES THE PLATFORM AND SERVICE TO LIST AND BOOK SPACES, AND COMMUNICATE WITH OTHER USERS. WE (USCOUT) ARE NOT RESPONSIBLE TO THE USER OR ANY THIRD PARTY FOR PROVIDING, OR FOR THE CONDITION OR NATURE OF, ANY SPACE. OWNERS AND RENTERS ARE INDEPENDENT THIRD-PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY USCOUT. OWNERS SET THEIR OWN PRICES, USE THEIR OWN FACILITIES AND RESOURCES, AND MAY CONDITION USE OF SPACES AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.
THE USER UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT THE USER’S OWN RISK. USCOUT IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON RENTERS OR OWNERS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONDITION OF SPACES OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO THE USER REGARDING USERS, SPACES. USCOUT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY USER, SPACE, WILL BE PROVIDED TO THE USER AS DESCRIBED. USCOUT DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO THE USER, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR UTILIZING SPACES.
THE PLATFORM AND SERVICES ARE PROVIDED TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR THE USER’S UTILIZATION, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE (USCOUT) DISCLAIM THAT THE PLATFORM OR SERVICES ARE FREE FROM ERROR OR VIRUSES; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR THE USER’S NEEDS OR REQUIREMENTS; THAT THEY ARE ALWAYS AVAILABLE; OR THAT THEY ACCURATELY REPRESENT SPACES, OWNERS OR RENTERS. WE (USCOUT) EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT ERRORS, EVEN THOSE THAT WE (USCOUT) ARE AWARE OF, AND MAY CHOOSE TO DISCONTINUE OPERATION OF THE PLATFORM OR SERVICE, OR FEATURES OF EITHER, AT ANY TIME.
5.5 Representations and Warranties
By opening the User’s Account, the User represent and warrant that (a) the User is authorized to use the Platform and Services and have authority to execute this Agreement; (b) that the User have only one Account with Uscout and have not had an Account terminated by Uscout previously; (c) all information provided to Uscout is accurate and complete; (d) the User will not use the Platform or Services in violation of Law or the Community Guidelines, to commit fraud, to deceive other Users, or for any other improper purpose; and (e) the User is authorized to provide any Content to us.
When utilizing the Platform or Services as an Owner, the User further represents and warrant that (f) the User is permitted under applicable Laws to List any spaces provided; (g) the User’s Listing of a space and the space itself comply with applicable Laws; and (h) the User will reasonably facilitate the use of, and not obstruct the use of, the spaces as Booked by Renters.
When utilizing the Platform or services as a Renter, the User further represents and warrant that (i) the User will comply with any Booking Agreements; (j) the User will not use spaces in a manner that violates Laws or Community Guidelines, or that facilitates the violation of either by third parties; and (k) that any payment Credentials provided to Uscout may be used as described in this Agreement.
The User will indemnify, defend and hold Uscout and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, distributors, attorneys, or affiliates (collectively, “Uscout Affiliates”) harmless against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) (collectively, “Claims”) arising from or related to (a) provision of the User’s space (for Owners), or use of spaces (for Renters); (b) Content the User provide through the Platform; (c) the User’s failure to comply with Laws; (d) the User’s providing of information to Uscout that is inaccurate or incomplete, (e) the User’s breach of any of the User’s obligations under this Agreement, and (f) any contract or other agreement between the User and any other User other than through the Platform. This indemnification will survive termination of this Agreement.
5.7 Limitations of Liability
EXCEPT TO THE LIMITED EXTENT OF THE USCOUT FEES (AS DEFINED BELOW) UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY WILL USCOUT OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, ATTORNEYS, OR AFFILIATES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM THE USER’S USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, OR SPACES, EVEN IF WE (USCOUT) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF THE USER IS DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE UTILIZING THE PLATFORM AND SERVICES.
AS USED HEREIN, “USCOUT FEES” SHALL MEAN THE AMOUNT PAID BY THE USER TO USCOUT, EXCLUDING ANY AMOUNTS THAT WERE PAID OR PAYABLE TO OWNERS FOR USE OF THE PLATFORM OR SERVICES.
THE LIMITATION OF LIABILITY SET FORTH ABOVE APPLIES TO THE EXTENT PERMITTED BY LAW.
5.8 Additional Terms for Users outside the US
We (Uscout) may allow for use of the Service to List spaces outside of the United States on a case by case basis and according to our own discretion. Where this is permitted, the User will be required to ensure that the User’s use of the Service, including Listing or Booking, as applicable comply with all Laws specific to the User’s country, province, or region. European Users may be required to provide information to assist with our collection of VAT or other indirect Taxes, or evidence of the User’s exemption such Taxes.
5.9 Entire Agreement; Interpretation
As used in this Agreement, “including” or similar words mean “including but not limited to”; “or” may be read as “either… or…” or “both… and…”; and “such as,” “specifically,” “for example,” or similar words identify non-exclusive lists of examples. Headings and ordering used in this Agreement are provided for the User’s convenience and do not affect the interpretation of related provisions. Any monetary amounts described in this agreement will be in USD and “$” will be read to mean United States Dollars.
Except as provided in Part 5.1 above, this document and contract therein may only be modified through a written agreement that is signed by both the User and Uscout. Where any part of this Agreement is found to be invalid or unenforceable, it will be reformed or reinterpreted through force of Law as minimally required to accomplish the objectives while maintaining the original intent of such provision.
Uscout Community Guidelines
Owners agree to comply with any laws, including local zoning, permitting, or tax laws. Zoning and use restrictions are in place to protect people, including the Renters.
- Owners agree to accurately represent the condition of their space. The Renter should be realistic and honest about the Owner’s Space. Renters should also have a realistic idea of the actual booking costs and clearly list any services the Owner provide for an additional cost. The Owner may not list prices lower than what the Owner intends to charge.
- Owners agree to only offer spaces that they are permitted to book. If the Owner doesn’t own the User’s location or don’t have permission to list it, then the User is not permitted to list it on Uscout. If the Owner is listing a space, and not the owner or manager of a location, the User may need to have approval from the owner, manager, or other party of interest before the User lists it on Uscout. A User is allowed to list multiple spaces but are prohibited from offering spaces not listed on Uscout.
Renters must agree to the following:
- Renters will treat the location with care and use for purpose implied to Owner when renting. Renters must not misrepresent the intended use of a space when booking.
- Never store, transport, or possess hazardous material in a space. Bringing hazardous materials to a location is not only dangerous but may be illegal, and the User could face significant civil liability or criminal action for doing so.
All parties must agree to the following:
- Users may not use Uscout platform or services to deceive or mislead people, post false or inaccurate statements, open multiple accounts, or misrepresent who the User is or the User’s affiliations.
- Users may only use the Platform to transact as provided for legitimate Bookings. Use of the Platform to conduct payment or other transactions offline, or attempting to transact when the User knows or believe the payment or payout is invalid, may result in suspension or termination of the User’s account or Fines.
- Users are only allowed to use the content provided through Uscout as intended. The User may not use or misuse content from the platform, images, or descriptions outside of Uscout. The User may not harvest, scrape, or collect other information about our other Users, such as names, phone numbers, physical addresses, email addresses or any other content that is not publicly displayed in search results pages prior to a Booking confirmation.
- The Platform is meant for Owners to list and Renters to book spaces. The User is not allowed to use the Uscout platform to promote products or services other than the User’s space. The User may not send unwanted messages or spam, promote use of a Uscout competitor, or use Uscout to communicate with Users with no intention of listing or booking on the Uscout platform. The User may not rent spaces in exchange for other services or goods.
- Users of Uscout may not discriminate against any other Users based on their race, sex, gender, ethnicity, national origin, sexual orientation, disability, or any other legally protected class is illegal and not permitted on the Uscout platform. If we (Uscout) believe that the User has refused to transact with another User based on any of these, we (Uscout) may suspend or terminate the User’s account immediately.
- The User may not post Content that endorses or promotes illegal or harmful activities, including obscene content or encouraging activity that may lead to another User’s harm. While use of marijuana is or may become legal in some jurisdictions, it remains prohibited under federal law and may not be grown, sold, distributed or used in any space that is Booked on the Platform.
- The User is prohibited from doing anything that may harm or intimidate Users, or interfere with their use or operation of the Uscout platform. This includes threatening or harassing other Users; posting undeserved or disproportionate reviews, or reviews that do not reflect the User’s experience; attempting to extort other Users for discounts or favorable reviews; or threatening legal action.
- For the User’s protection, the User may not share individual or sensitive information about the themselves. This includes the User’s home address, phone number, payment information, or other sensitive information that could lead to fraud or identity theft. The User may also not post any details about an ongoing dispute between the User and another User.
- Anyone threatening Uscout or our employees will be removed from the Uscout platform and reported to law enforcement. The User may not engage in behavior on the Uscout platform or use Uscout marks or logos in a manner that violates the Uscout service agreement or harms or misuses our brand.
Uscout Fees Overview
Once a Booking is completed, a service Fee of 15% is retained by Uscout from Owners’ payouts as a compensation to Uscout for providing the Services and use of the Platform. The 15% is based on the subtotal for payment for Booking the space for the agreed upon period including any required Owner and Additional Fees, if applicable (a “License Charge”) and is retained at the time an Owner’s payout is initiated
The payout amount is the License Charge minus any applicable Fees, Taxes, or Fines. Uscout will normally initiate payouts to Owners within 7 days after a Booking is completed. We (Uscout) may withhold a payout if a dispute is initiated between a Renter and an Owner, or as otherwise permitted by the Services Agreement. Payouts of Additional Fees or for damages, or resulting from a dispute will be paid within a reasonable time after settlement of a dispute. Timing of a payout may also be modified where the Booking is updated, rescheduled, or cancelled.
All the Fees owed for the Booking will be presented suitably prior to the User’s acceptance. This agreement will be completely subject to our Cancellation and Refund Policy stated within our Terms of Service.
We (Uscout) may or may not authorize a hold for the amount of the Fees to the User’s credit card or other payment methods linked to the User’s Account once the User requests a Booking. Once a Booking is accepted by an Owner, we (Uscout) will charge the Renter’s Account for the full amount of the Fees.
These Fees that are incurred include amounts ultimately paid to Owners, and processing Fees payable to us. Owner Fees will include the total amount for the hours Booked, and may include damages or other various fees. Taxes will also be identified separately. If the User updates a Booking, we (Uscout) may adjust the Owner accordingly which may result in either additional amounts owed, or a refund of amounts paid.
A processing Fee of 5% is included in all charges to Renters.
Additional Fees. If the Renter exceeds the use limitations of a space, additional Fees may apply. For use of the space that goes over the allotted time in the Booking of the space, Additional Fees will be based on the hourly rate for that particular space, at one and half times the scheduled rate, and will be billed in 30-minute increments. For over-intensive use of a space (e.g., materially exceeding the agreed number of attendees), in our sole discretion we (Uscout) may impose an additional use charge. We (Uscout) may bill any Additional Fees when first notified that the agreed-upon time for use was exceeded and may charge any payment method tied to the Renter’s Account. Any disputes relating to Additional Fees are subject to the dispute resolution process identified in the Service Agreement.
Fines for Damages and Other Circumstances. While we (Uscout) try to avoid these situations, occasionally the terms or expectations of a Booking are not met, and Fines may be owed by a User. This may be caused by damage to or misuse of a space or Amenities, excess garbage left at a space, violations of the Booking Agreement or the Community Guidelines, insufficient funds or unauthorized use of a payment account, or other claims. Where any Fines are owed, the User agree that we (Uscout) may immediately charge any payment method linked to the User’s Account.
Cancellations. All Fees are subject to our Cancellation and Refund Policy.
Uscout Cancellation and Refund Policy
Uscout may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking and issue a full or partial refund to a Renter for:
- An Excused Cancellation.
- The removal of an Owner or space from the Platform prior to the Start Time.
- Any actual or potential illegal or unauthorized activity.
- Risk of harm or safety concerns.
- Failure to provide proof of insurance, including event or film production insurance, once requested by Uscout.
- Any violations the Community Guidelines.
- Any other reason.
Where Uscout initiates a cancellation, any refunds or payouts will vary depending on the circumstances that prompted the cancellation. The User understands and agree that neither Uscout nor any of the other parties to the canceled Booking shall have any liability or obligation for any such Uscout-initiated cancellations.
Uscout may issue Fines on Owners for cancellations and may or may not (i) deduct or otherwise debit any Fines from amounts that would otherwise be payable, or (ii) invoice such Fines to be paid within seven (7) days. The Owner cancelling the Booking will be responsible for any or all tangible costs incurred by Uscout or the Renter associated with any cancellation, and any scheduled payouts for that Booking will be cancelled at Uscout’s discretion. Any Owner-initiated cancellations will be fully refunded to the Renter (including any Fees paid).
Fines for Owner Initiated Cancellations:
Confirmed Bookings that are cancelled in whole or part by an Owner are subject to the following:
- Additional cancelled Bookings will result in a Fine of the greater of $100 or 15% of the total Booking cost. This Fine may be either charged to a payment method linked to the User’s account or deducted or debited from any amounts otherwise payable to the User; and
- Cancellations of 3 or more bookings within a 6-month period may result in delisting or modifying the description of the User’s space to include publicly available information about previous cancellations, or suspension or termination of the User’s Account.
- An Owner may cancel 1 confirmed Booking within a 6-month period without penalty excluding those costs incurred by Uscout or the Renter associated with that cancellation.
It is at Uscout’s discretion, and Uscout’s discretion alone, that we (Uscout) may waive Fines for Owner-initiated cancellations under the following circumstances:
- Renters suggesting their use of a space in a manner inconsistent with the Description, the Booking Agreement, or other limitations agreed upon between the Renter and Owner.
- Renters providing false or misleading information in Booking request
- Inappropriate or illegal activity taking place during a Booking.
- An Owner and Renter mutually deciding to cancel the Booking with a full refund of the Booking cost to the Renter.
- Any excused cancellations.
- Accidental acceptance of a Booking cancelled within 2 hours of confirmation.
Renters have the ability to cancel Bookings up to 48 hours after the Booking is confirmed by the Owner and receive a full refund, provided the cancellation is made at least 1 week (168 hours exactly) before the scheduled start time of the Booking (“Start Time”). All cancellations must be submitted through the Platform and not by email. Bookings made one week or less in advance of the Start Time or cancellations made more than 48 hours after confirmation of the Booking will incur a cancellation charge that includes the Processing Fee and a proportion of the price paid for the Booking (collectively a “Cancellation Fee”) as follows:
|Cancellation Date||Renter Refund||Owner Payout|
|60 days prior to Booking start time||75%, minus Service Fee||25% minus Service Fee|
|5 -30 days prior to Booking Start Time||50% minus Service Fee||50% minus Service fee|
|29-8 days prior to Booking start Time||25% minus Service Fee||75% minus service fee|
|7 days or less prior to booking start time||Non-refundable||100% minus service fee|
In rare instances, it may be necessary to cancel a confirmed Booking due to extenuating circumstances under short notice for one of the situations identified below (“Excused Cancellation”):
- Unexpected death or serious illness of an Owner, a Renter, or immediate family member of either.
- Serious injury that directly restricts a Renter’s ability to travel or an Owner’s ability to provide the Booked space.
- Significant natural disasters or severe weather incidents triggering a state of emergency that directly impact use of a space or the Renter’s ability to travel to the space
- Urgent travel restrictions or severe security advisories issued after the time of Booking, by an appropriate government office or agency
- Severe property damage or unforeseen maintenance issues that directly impact the safe use of the space.
- Legal, municipality, or utility injunction or order that directly restricts use of or access to a space.
Uscout may require Renters or Owners to provide evidence to support the Excused Cancellation. Where approved, the Booking Fees will be refunded in full to the Renter and no payout will be sent to the Owner without Cancellation Fees or Fines.
How to Cancel a Booking
To cancel a Booking the User must submit a request to cancel utilizing the “Cancel Booking” designations on the Platform (mobile app or website). Cancellation requests cannot be submitted through messages, phone calls, chats, or emails to Uscout. If the User is unable to locate the Cancel Booking icons on the Platform, please contact our Support team.
Submitted cancellation requests may be delayed up to 48 hours to allow either party to reconfirm, reschedule, or finalize the cancellation. After such period, the cancellation will be finalized.
Where approved by Uscout, a Renter or Owner may have an opportunity to reschedule that Booking. Any rescheduled Bookings must be:
- For substantially the same duration as the original Booking, according to the Owner’s approval.
- Confirmed prior to the original Start Time.
- Rescheduled for a time within 90 days of the original Start Time.
- Only rescheduled once.
Any rescheduled Bookings are non-refundable once confirmed. Any successive rescheduling attempts or failure to successfully reschedule a Booking within the conditions above will result in a cancellation of the Booking, subject to the Cancellation Fees or Fines identified in this Policy, depending on the initiating party. Any rescheduling by Renters may be subject to an additional Processing Fee payable to Uscout.