TheTroopSite

User Agreement

The following describes the terms and conditions under which TheTroopSite grants you the right to access and use the TheTroopSite website located at www.theTroopSite.com and related TheTroopSite websites (the "TheTroopSite Website"). If you do not agree to these terms and conditions (the "User Agreement") and our Privacy Policy, which is located further down on this page, you are not authorized to access or use the TheTroopSite Website. Your use of the TheTroopSite Website constitutes your acceptance of this User Agreement.

Introduction

TheTroopSite is an online service that helps organizers communicate and coordinate more efficiently with members of a group, most likely but not necessarily, a scout troop.

Troop Accounts

Registering as an individual member with TheTroopSite is free. However, using TheTroopSite to create and maintain a Troop Account requires payment of an annual subscription fee. Our annual fee may change from time-to-time, and we may temporarily change our fees for promotional events. Unless otherwise stated, all fees are quoted in U.S. Dollars. Each new Troop Account will be granted a 30 day free trial period. If, after 30 days, you want to continue using TheTroopSite to maintain the Troop Account, you will be required to pay the annual subscription fee. The thirty-day free trial period applies to new troop accounts only.

Cancellation

To cancel a Troop Account, during the free trial period, simply stop using the account. After your first payment, each year as the anniversary of your previous payment approaches, we will post a reminder visible on your Troop Account before your account expires. If you want to renew your troop account and continue using the site, simply pay the subscription fee. If you fail to renew your Troop Account, it will be deactivated. Information related to deactive Troop Accounts will be held for no less than 30 days before purging the data associated with the Troop Account.

Rules of Conduct

In using the TheTroopSite Website, you agree to refrain from each of the following:

  1. posting or transmitting any material that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship, or any material that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy rights, posting any pornographic or obscene content or hate speech;
  2. posting false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  3. framing or linking to TheTroopSite's Website without our written consent;
  4. impersonating or misrepresenting your affiliation with any person or entity;
  5. accessing, attempting to access, tampering with or using non-public areas of the TheTroopSite Website, computer systems, or technical delivery systems, or otherwise interfering with or attempting to interfere with the proper working of the TheTroopSite Website or any activities conducted on the TheTroopSite Website;
  6. distributing or posting spam, chain letters, or pyramid schemes;
  7. using the TheTroopSite Website for advertising or commercial purposes;
  8. allowing others to use your user account;
  9. using the TheTroopSite Website if banned from using the TheTroopSite Website;
  10. distributing viruses or any other technologies that may harm the TheTroopSite Website or its users; and
  11. copying, modifying, or distributing content from the TheTroopSite Website.

Abuse/Violation of Our Policies

If you find any offences of this User Agreement, please report them to us at help@theTroopSite.com. If you violate the terms or the spirit of the User Agreement, including any other TheTroopSite' policies published on the TheTroopSite Website, then TheTroopSite is entitled to take action against you. Possible actions include, without limitation, restricting, suspending or terminating your access to the TheTroopSite Website, and taking technical and legal steps to prohibit you from using the TheTroopSite Website.

Content

The content that any user posts is the sole responsibility of the person from whom the content originated. TheTroopSite does not control the content posted on the TheTroopSite Website, and as such, cannot and does not guaranty the accuracy, appropriateness, or quality of such content. You understand that by using the TheTroopSite Website you may be exposed to content that is offensive, indecent or objectionable for various reasons. TheTroopSite is not liable for any content, including, without limitation, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content that is posted, emailed, transmitted or otherwise made available on the TheTroopSite Website. You agree not to hold TheTroopSite responsible for the actions or inactions of other users, including content that they post.

At times, the TheTroopSite Website may contain links to third party websites as a convenience to our users. These linked websites are not under TheTroopSite's control, and TheTroopSite is not responsible for the contents or functionality of any linked website, or any transmission received from any linked website.

Privacy

We use your personally identifiable information only as described in our Privacy Policy, which is located further down on this page. We do not sell or rent your personal information to third parties for marketing purposes without your explicit consent.

Liability

We cannot guarantee continuous or secure access to the TheTroopSite Website. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the TheTroopSite Website. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If in such cases, or any other cases, we are found to be liable, TheTroopSite will not be liable for any loss you may incur, other than the reimbursement of any unused paid fees. No liability for loss of data or any other loss shall be provided. In any and all cases, the maximum liability by TheTroopSite shall be less than the current published rate for a 1 year membership, or $100, whichever is less.

Release

Although we sincerely hope that disputes among our users can be avoided, if you have a dispute with one or more users of the TheTroopSite Website, you release TheTroopSite (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

It is your obligation to use the TheTroopSite Website only in accordance with all applicable laws and regulations. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

Notices

Except as explicitly stated otherwise, if you need to give legal notice to TheTroopSite, you may do so by sending an email to help@theTroopSite.com. TheTroopSite may send you legal notices at the email address you provide to us during the registration process. It is your obligation to keep your registration information current. Notice shall be deemed given 24 hours after email is sent by TheTroopSite.

Modifications to Service

TheTroopSite reserves the right at any time to modify the service or any portion of the service with or without prior notice. You agree that TheTroopSite shall not be liable to you or any other party for any modifications of the service.

Data Aging

Some data within TheTroopSite ages. This means its usefulness becomes reduced as time goes on. Examples of aging data include, but are not limited to, calendar entries and message center messages. TheTroopSite will, as a regular course of business, remove older entries that in our view are no longer needed. This means, for example, that events that have occurred in the past will be deleted after a certain period of time, and message center entries that have been around for some time will be deleted.

The age of an entry upon which it is deleted is at the sole discretion of TheTroopSite. TheTroopSite will not be held liable for important data contained in such entries that is lost. Any important data within aging entries should be archived by the user. Typically, entries will remain for at least 30 days after the scheduled event or the date the entry was created. However, the actual duration may be substantially longer than this, or potentially shorter. We do not guarantee that the aging interval will stay consistent. TheTroopSite reserves the right to specify the aging interval, and change it without notice or announcement.

Files uploaded to the service are stored on our servers but are not backed up and protected against accidental or intentional deletion. It is recommended that users retain their own local copy of any important files. TheTroopSite should be used as a mechanism to share such files, not archive such files. Files may be deleted accidentally due to system failure, software error, or user error. Files may be deleted intentionally due to account expiration, account limit changes, inappropriateness of content, or other such reasons.

Additional Terms

TheTroopSite may amend this User Agreement at any time by posting the amended terms on the TheTroopSite Website. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the TheTroopSite Website. This User Agreement may not be otherwise amended except in a writing signed by you and TheTroopSite.

This User Agreement is made under and will be governed by and construed in accordance with the laws of the State of California (except that body of law controlling conflicts of law) and specifically excluding the United Nations Convention on the International Sale of Goods. Any dispute or claim arising out of or in connection with this User Agreement shall be adjudicated in Santa Clara County, California. The prevailing party in any litigation between the parties shall recover its reasonable attorneys' fees and costs from the non-prevailing party. In the event any provision of this User Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this User Agreement will remain in full force and effect. The waiver of any breach or default of this User Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This User Agreement shall be binding on the parties' successors and assigns. Non-performance by either party shall be excused to the extent that performance is rendered impossible for reasons beyond the control of such party. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this User Agreement: Content, Release, Indemnity, Liability and these Additional Terms.

Privacy

Overview

Your right to privacy regarding the personally identifiable information ("Information") that you, our users, provide to us to enable us to serve you is very important to TheTroopSite. We believe this information should only be used to help us provide you with a better user experience. We have established this Privacy Policy to describe our practices regarding the collection, use and disclosure of your Information. This policy may change from time to time so please check back periodically.

Collection and Use of Information

We require our registered users to provide their name and email address which can be used to identify and contact you and to register you to use our services. We use this Information in the following ways:

  • to establish your user account, which enables you to use our website;
  • to contact you regarding important information about your account, including notices and updates;
  • to respond directly to your questions, comments or requests for support;
  • to analyze site usage, to improve and customize our web site, and to improve our marketing and promotional efforts;
  • to compile aggregate user profile data, such as geographic information, role-related information and zip code, which are used for market analysis;
  • to resolve disputes; and
  • to enforce our agreements with you, including our Terms of Use and this Privacy Policy.

Additional Uses

  • If you use the email links on our website to contact us directly, we may use your comments to improve our website.
  • TheTroopSite may automatically track certain information about your use of the TheTroopSite web sites, for example logging IP addresses or other information for system administration purposes, and monitoring any illegal use of our website. This information will be analyzed to constantly improve the value of the community that is located on TheTroopSite 's web site.
  • Other information about your usage may be logged, such as internet service provider and browser type, in order to analyze usage trends and broad demographic information.
  • We maintain and use the email addresses of people on your TheTroopSite Troop Accounts (Troop Members) so we can share information about TheTroopSite with them.

Legal Disclosures

TheTroopSite may disclose your Information if required to do so by law or in the good-faith belief that such action is necessary to prevent injury or property damage, if we reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety. We may attempt to notify you when we are making such a disclosure, but we may not do so in an emergency or when we are prohibited by law or court order from giving such notice. If TheTroopSite is acquired by or merged with a third party, we reserve the right, to sell or otherwise transfer the Information we have collected as part of that transaction provided that such third party continues to honor our privacy policy.

Security

TheTroopSite takes information security very seriously and uses reasonable measures to protect your Information from unauthorized access, including storing all the Information we gather from you in secure databases. However, no security system can be guaranteed to be 100% secure, and therefore we cannot guarantee the security of your Information or assume liability for improper access to it. By using the TheTroopSite web site, or providing Information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our web site.

Your Passwords

You should never disclose your password to any third parties. If you lose control of your password, you may lose substantial control over your Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

Changes to This Policy

As we update and expand our services, we may make changes to this policy. You should check back for updates to this policy from time to time. If the changes result in materially less protection for your Information than that provided in this policy, we will make reasonable efforts to contact you and obtain your consent to the changes. Like our Terms of Use, of which this policy is a part, your use of the TheTroopSite site or continued use of our service after our efforts to contact you means that you agree to be bound by such changes.

If for some reason you believe that TheTroopSite has not adhered to this Privacy Policy, please notify us by email at info@theTroopSite.com.

This page was last updated February 7, 2014.