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Terms of Service and Code of Conduct

01 — Overview

The following Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, mobile apps, online store, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or products (collectively the “Service”), that are owned, operated, or provided by Scoreholio Inc. or any of its subsidiaries, divisions, and affiliates (“Scoreholio,” “we,” or “our”).

Please read these Terms carefully before accessing or using our Service. These Terms affect your legal rights, responsibilities, and obligations; govern your use of the Service; are legally binding; limit Scoreholio’s liability to you; require you to indemnify Scoreholio; and require you to settle certain disputes through arbitration. By accessing or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Age Requirement: By using the Service, you agree that you are at least the legal age of majority in your jurisdiction, or that you have obtained parental or guardian consent. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

Any new features or tools added to the current Service shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to our website. Your continued use of the Service after changes are posted constitutes your acceptance of those changes.

These Terms are written in the English language. In the event of any conflict between translated versions and the English version, the English version shall control. Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

02 — Ownership of Service

The Service and all of its content — including all copyrights, patents, trademarks, service marks, trade names, logos, text, design, graphics, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof (collectively the “Content”) — are proprietary and owned or controlled by Scoreholio, our licensors, and certain other third parties. All right, title, and interest in and to the Content is protected by United States and international intellectual property laws.

A limited, revocable, nontransferable license is granted to temporarily download one copy of the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest. You are strictly prohibited from modifying or copying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, or removing any copyright, trademark, or other proprietary notations from the Content. This license shall automatically terminate if you violate any of these restrictions.

Trademarks: Scoreholio owns and uses several trademarks on the Service, including but not limited to: SCOREHOLIO, SWITCHOLIO, and related logos. All rights reserved.

03 — Mobile Application License

If you access the Service via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices owned or controlled by you, strictly in accordance with these Terms.

You shall not:

  • Decompile, reverse engineer, disassemble, or attempt to derive the source code of, or decrypt the application
  • Make any modification, adaptation, improvement, translation, or derivative work from the application
  • Violate any applicable laws, rules, or regulations in connection with your use of the application
  • Remove, alter, or obscure any proprietary notice posted by us or the licensors of the application
  • Use the application for any revenue-generating endeavor, commercial enterprise, or purpose for which it is not designed
  • Make the application available over a network permitting access by multiple devices or users at the same time
  • Use the application to create a product or service that is competitive with or a substitute for the application
  • Use the application to send automated queries to any website or to send unsolicited commercial email
  • Use any proprietary information or interfaces in the design, development, or distribution of any applications, accessories, or devices for use with the application

Apple and Android Devices

When you use a mobile application obtained from the Apple Store or Google Play (each an “App Distributor”), the following terms apply:

  • The license granted is limited to a non-transferable license to use the application on a device using Apple iOS or Android operating systems, in accordance with the applicable App Distributor’s terms of service
  • Scoreholio is responsible for providing maintenance and support services as specified in these Terms; each App Distributor has no obligation to furnish any maintenance or support services
  • In the event of a warranty failure, you may notify the applicable App Distributor who may refund the purchase price, if any; the App Distributor has no other warranty obligation with respect to the application
  • You represent and warrant that you are not located in a country subject to a U.S. government embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties
  • You must comply with applicable third-party terms of agreement when using the application
  • You acknowledge that the App Distributors are third-party beneficiaries of the terms of this mobile application license and have the right to enforce those terms against you

04 — Chat and Group Discussion Features

Scoreholio offers a Chat and Group Discussion feature within the app that allows users to communicate, post messages, and interact with other users in real time.

Age Requirement

You must be at least 13 years of age to use the Chat and Group Discussion feature. By using this feature, you represent and warrant that you meet this minimum age requirement. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), YOU ARE NOT AUTHORIZED TO USE THE CHAT OR GROUP DISCUSSION FEATURES. If we become aware that a user under the age of 13 has used these features, we will take appropriate action, including deletion of the account and associated content, without notice.

AI-Powered Moderation

To maintain a safe and respectful environment, Scoreholio uses automated AI moderation tools to help monitor content posted in the Chat and Group Discussion features. These tools may review messages and content for violations of our Terms and Community Guidelines. While we make reasonable efforts to moderate content, we do not guarantee that all content will be reviewed or that our tools will detect every violation. Automated moderation decisions may be reviewed by our team upon request.

Account Suspension and Termination

Scoreholio reserves the right, in its sole discretion, to warn, suspend, restrict, or permanently delete any user account found to be in violation of these Terms or our Community Guidelines, including accounts engaged in harassment, abuse, bullying, threats, hate speech, spam, illegal activity, or any other harmful or disruptive behavior. Content that violates our policies may be removed without prior notice. Scoreholio shall not be liable to you or any third party for any termination of your access to these features.

User Responsibility

You are solely responsible for your conduct and all content you submit, post, or transmit through the Chat and Group Discussion features. You agree not to post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable. You acknowledge that Scoreholio acts only as a passive conduit for content transmitted through these features and assumes no liability for such content.

05 — Products, Pricing & Purchases

Scoreholio attempts to be as accurate as possible with its product listings, descriptions, and images. However, we make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such information, and all prices and availability are subject to change at any time without notice.

Scoreholio cannot confirm the price or availability of a product until after your order is placed. The receipt of an order confirmation does not constitute our acceptance of an order or confirmation of an offer to sell. Scoreholio reserves the right to cancel any orders containing pricing or availability errors, even after receipt of an order confirmation, with no further obligations to you.

Promotions: Promotional codes, discounts, and offers are limited in nature and may expire or be discontinued without notice. They are void where prohibited by law, may not be copied, sold, or transferred, and are not redeemable for cash.

Product prices are displayed in United States Dollars. By confirming your purchase at checkout, you agree to accept and pay for the products, plus all applicable shipping, handling, taxes, and currency conversion fees.

You represent and warrant that you have the right to use any credit card or payment method you provide to us, and that all billing information is current, complete, truthful, and accurate. Providing inaccurate information is a breach of these Terms and may result in cancellation of your order. If your order is canceled after your payment account has been charged, we will issue a credit in the amount of the charge.

Scoreholio reserves the right to limit quantities per person, household, or order for any reason, and to prohibit sales to dealers or resellers at our sole discretion.

06 — Returns and Exchanges

If you are not completely satisfied with your purchase, you may request a refund or exchange within 30 days of the delivery date.

  • Refunds will be issued to your original method of payment for the purchase price of the product
  • Shipping fees are non-refundable
  • Exchanges are limited to products of equal or lesser value and will incur additional shipping fees
  • This return policy does not apply to products purchased through a retailer or store location — for those, please contact the original retailer

For more detail, please review our Refund Policy.

07 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Service is entirely at your own risk and discretion.

09 — User Comments & Submissions

Some features of the Service may allow you to provide content such as written comments, reviews, or chat messages to be published in public or shared areas of the Service (“User Content”). All content submitted by you may be retained by us indefinitely, even after you terminate your account.

By submitting any User Content, you grant Scoreholio a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you.

  • We are under no obligation to maintain any User Content in confidence
  • We are under no obligation to pay compensation for any User Content
  • We are under no obligation to respond to any User Content
  • We may, but have no obligation to, monitor, edit, or remove User Content we determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable

You agree that your User Content will not violate any third-party rights and will not contain libelous, abusive, obscene material, or any computer virus or malware. You are solely responsible for your User Content and its accuracy.

10 — Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Service or its content:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • To submit false or misleading information
  • To upload or transmit viruses or any other malicious code that will affect the functionality or operation of the Service, other websites, or the Internet
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Service or any related website or the Internet
  • To use the Chat or Group Discussion features for commercial solicitation, hate speech, bullying, or any content harmful to minors

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

11 — Disclaimer of Warranties & Liability

THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

12 — Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Scoreholio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, losses, liability, damages, costs, expenses, or demands, including reasonable attorneys’ fees, that may arise from or in connection with:

  • Your use of, or activities in connection with, the Service, including use of any good or product purchased through the Service
  • Violation of these Terms by you
  • Your use of the Chat or Group Discussion features, including any content you post or transmit through those features

If you fail to promptly indemnify and defend a covered claim, Scoreholio shall have the right to defend itself, and in such case, you shall promptly reimburse Scoreholio for all associated costs and expenses.

13 — Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof — including the determination of the scope or applicability of this agreement to arbitrate — shall be determined by arbitration in California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

14 — Class Action Waiver

You and Scoreholio agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator shall not have the authority to hear the arbitration as a class, consolidated, representative, or private attorney general action, or to consolidate, join, or otherwise combine the disputes of different persons into one proceeding.

Notwithstanding the arbitration provision, if the class action waiver is found to be void or unenforceable, any such class, collective, representative, or private attorney general claims must be heard through an appropriate court proceeding in a court of competent jurisdiction in California, and not in arbitration.

15 — Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

16 — Termination

The obligations and liabilities of the parties incurred prior to termination shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Service (or any part thereof), including the Chat and Group Discussion features.

17 — Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

You will be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotion. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18 — Governing Law

By accessing the Service, you agree that the laws of the United States and the state of Delaware, without regard to conflicts of laws principles, will apply to all matters relating to the Service. You further agree that any litigation, action, or proceeding arising out of or related to these Terms shall be subject to the sole and exclusive jurisdiction of the state of California, with venue in an appropriate state or federal court located in Orange County, California. You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.

20 — Contact Information

Questions about the Terms of Service should be sent to us by email or mail:

Scoreholio Inc.
638 Camino De Los Mares, Suite H130-422
San Clemente, CA 92673, United States
Email: legal@scoreholio.com