Last Updated: September 3, 2024

Welcome to SchoolScoops. These Terms and Policies ("Agreement") constitute a legally binding contract between you ("User" or "You") and SchoolScoops, LLC. (“SchoolScoops”, "Company," "We," or "Us"). By using our website (www.schoolscoops.com) or any associated services (“Platform”), you agree to be bound by the terms and conditions set forth below.

1. Introduction

1.1. SchoolScoops is an independent entity and has no affiliation or association with any college, university, educational institution, or school (“School”). SchoolScoops provides a platform (the "Platform") designed exclusively to facilitate communication and interaction between two independent parties: guides ("Guides") and guests ("Guests") for private in-person and virtual experiences (“Sessions” or "Bookings"). Guides and Guests may be referred to collectively as "Parties" or "Users" throughout these Terms of Service. SchoolScoops acts only as a platform and all interactions, whether online or in-person, between Guides and Guests (including any individuals accompanying Guests on the Session) are the sole responsibility of the Parties involved. SchoolScoops will not be held liable for any actions, omissions, representations, warranties, breaches of contract, or negligence of any Party. The Parties acknowledge and agree that SchoolScoops is not the legal representative of either Guide or Guest, and neither Party is an employee, agent, or joint venturer of SchoolScops.

SchoolScoops does not endorse or verify the accuracy of any statements made by Guides or Guests, whether online or in-person. These statements reflect solely the personal opinions of the Users who made them and should not be considered definitive facts or truths. SchoolScoops also does not verify the identity of Users, warrant or guarantee the accuracy of any information shared on the Platform, during any Session, or in any online or in-person interaction between Guides and Guests (collectively referred to as "Sessions"). Any information or statement about a School should be considered solely the opinion of the User and does not constitute fact or warranty about that School. Users are encouraged to conduct their own research and verify all statements about a School.

1.2. Eligibility: To use SchoolScoops, you must be at least 18 years old or have obtained parental or guardian consent.

2. User Accounts

2.1. Registration: Users must create an account to access certain features of the SchoolScoops Platform. All personal information provided by Users when creating an account must be accurate and kept up-to-date.

2.2. Account Security: Users are responsible for maintaining the confidentiality of their login credentials. Any unauthorized access should be reported to SchoolScoops immediately.

2.3. Termination and Account Deletion: SchoolScoops reserves the right to suspend or terminate any User account at its discretion at any time. We may take such action for violations of these Terms of Service, including but not limited to spamming, harassment, or posting illegal content. If your account is terminated, your right to use SchoolScoops will cease immediately. We may also retain certain data associated with your account, such as past reviews or messages, for a limited period of time for legal or business purposes. Please refer to our Privacy Policy for more details.

If you wish to terminate your account, you may request the deletion of your account, including any associated user-generated content, by contacting SchoolScoops support at help@schoolscoops.com.

2.4 Account Password: Users are responsible for safeguarding the password they use to access SchoolScoops, and for any activities or actions under your password, whether your password is with SchoolScoops or a Third-Party Social Media Service such as Facebook.

You agree not to disclose your password to any third party. You must notify SchoolScoops immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Booking, Payment and Cancellations

3.1. Booking Process: Users can browse profiles of Guides ("Listings") which may include information about the Guide's experience, characteristics and qualities, reviews, and offered Sessions. Guests can select a date and time based on the available options on the Listing and proceed to book a Session by providing their payment information. All SchoolScoops Sessions must be booked at least 48 hours in advance of the Session start time. This allows the Guide sufficient time to prepare and confirm their availability to host the Session.

3.2. Payment: All payments on SchoolScoops will be processed through Stripe, and a service charge may apply. Prices are listed in USD.

Stripe is certified as a Level 1 Service Provider, which is the highest level of certification for payment processors. Stripe complies with the Payment Card Industry Data Security Standard (PCI-DSS), a set of security standards established by major card brands like Visa, Mastercard, and American Express.

For more information, please refer to Stripe’s security documentation.

3.3. Cancellation and Refund: Both Guests and Guides have the ability to cancel a Session prior to it starting. In the event of a cancellation, the applicable fees and refund procedures are outlined in the Listing and on the reservation confirmation page.

This policy outlines how cancellations are handled for both Guests and Guides on SchoolScoops.

Cancellations Made by Guests: Guests can cancel their Booking at any time. To receive a full refund, the cancellation must be made at least 24 hours before the Booking's scheduled start time. Cancellations made within 24 hours of the start time are non-refundable.

Cancellations Made by Guides: If a Guide cancels a confirmed Booking, the Guest will receive a full refund regardless of the reason for cancellation. Guides who frequently cancel bookings may face consequences from SchoolScoops, including a lower ranking in search results and account suspension or termination.

To avoid these penalties, Guides are responsible for keeping their calendars updated to reflect accurate availability.

All cancellation deadlines for refunds are based on the time zone where the Session is scheduled to take place in.

3.4. Booking Modifications: Guests and Guides are responsible for any modifications they agree to make to their Booking on the SchoolScoops Platform, or direct SchoolScoops customer service to make on their behalf. They agree to cover any additional amounts, fees, or taxes associated with the modifications, including but not limited to changes in date, time, or meeting location.

3.5. Payment Disputes: Users must notify SchoolScoops of any payment disputes within 7 days of the Session start time. SchoolScoops will make efforts to resolve the dispute and take appropriate action based on the available information at our discretion. SchoolScoops reserves the right to disregard any payment disputes submitted after the 7-day period at our sole discretion.

4. Session Conduct

4.1. Expectations: Guests and Guides must treat each other with respect and courtesy at all times. Any discriminatory, offensive, or inappropriate behavior will not be tolerated and should be reported to SchoolScoops immediately.

4.2. Safety: Guests and Guides are expected to adhere to all rules, regulations, and safety guidelines provided by SchoolScoops, the School, or any other relevant legal or governing body.

4.3. No Vehicles: Guests and Guides are strictly prohibited from entering or traveling together in any vehicles during the course of the tour or related activities. This includes but is not limited to cars, buses, scooters, skateboards, scooters, rollerblades, bicycles, unicycles. Tours must be conducted on foot unless otherwise agreed upon by all parties in advance.

4.4. Campus Access: Guests and Guides are solely responsible for coordinating and meeting at the designated meeting location, or another mutually agreed-upon location near campus, prior to the start of a Session. Both parties must complete all necessary registration or check-in procedures required by the School or campus to ensure entry. SchoolScoops is not responsible for any issues, delays, cancellations, or liabilities arising from a Guest or Guide’s inability to enter the campus, including but not limited to incomplete registration, failure to meet access requirements, or other related circumstances.

4.5. Limit of Liability: SchoolScoop and the School shall not be liable for any injuries, accidents, or damages incurred during a Session. Guides and Guests will bear 100% of the legal and financial liability that results from their Session.

Notwithstanding any damages that you might incur, the entire liability of SchoolScoops under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD (or its equivalent in the Service local currency) if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall SchoolScoops be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if SchoolScoops has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

4.6. Incident Reporting: Users should promptly report any incidents or issues during their Session to SchoolScoops.

5. Guide Eligibility

In order to be a Guide, you must be currently enrolled in college. To create a Listing, a Guide must upload a photo of their student identification card (“ID”). SchoolScoops does not verify the authenticity or accuracy of any ID or any user information provided in the Listing.

6. Guide Responsibilities

6.1. Listing Content and Accuracy: SchoolScoops allows Guides to write information on their profiles (“Content”). Guides are responsible for the Content that they post, including its legality, reliability, and appropriateness.

By posting Content to SchoolScoops, you grant SchoolScoops the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on the Platform and in other places. You agree that this license includes the right for SchoolScoops to make your Content available to other users of the Service, who may also use your Content subject to these Terms of Service.

You represent and warrant that: (i) the Content is yours (You own it) and you have the right to use it and grant SchoolScoops the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, entity, or School.

6.2. Accuracy of Information: While Guides are required to provide truthful and accurate information in their Listings, messages, and during Sessions, any statements or Content made by a Guide represents solely their personal opinions and should not be considered as definitive facts. SchoolScoops does not verify the identity of Users or guarantee the accuracy of information shared on the platform or during Sessions. We do not perform background checks or endorse any Users. We are not responsible for the reliability, accuracy, and completeness of any information or statement provided by Users.

6.3 Content Restrictions: SchoolScoops is not responsible for the content of our Users. You expressly understand and agree that you are solely responsible for your Content and for all activity that occurs under your account, whether done so by you or any third-party using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity: Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights. Impersonating any person or entity including the Company and its employees or representatives. Violating the privacy of any third person. False information and features.

SchoolScoops reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and refuse or remove this Content. SchoolScoops further reserves the right to make formatting and edits and change to any Content. SchoolScoops may also limit or revoke your use of SchoolScoops if you post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Platform, you agree to use the Platform at your own risk. You understand that by using SchoolScoops you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will SchoolScoops be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

6.4. Content Backups: Although regular backups of Content is performed, SchoolScoops does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. SchoolScoops will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that SchoolScoops has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any of your Content in a location independent of SchoolScoops.

6.5. Guide’s Assumption of Risk: You acknowledge that hosting Sessions carries inherent risks and you agree that you assume the entire risk arising out of your access to and use of the SchoolScoops Platform, hosting Sessions, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the SchoolScoops Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings and that you are not relying upon any statement of law made by SchoolScoops.

6.6. Guide Punctuality: Guides are expected to arrive punctually at the designated meeting point as provided in their Listing and Booking confirmation page.

In case of any delay, cancellation, or significant alteration to the Booking, Guides are expected to promptly inform their Guest through the SchoolScoops messaging system, email, phone, or text. This should be done as soon as possible to minimize inconvenience for the Guest.

If a Guide is late, or fails to show up for a Session, or cancels with less than 24 hours notice, SchoolScoops may, at our sole discretion, issue a full refund to the Guest. In such cases, the Guide will not receive their payment for the Booking.

6.7. Communication: In case of unforeseen circumstances that may cause a delay or prevent the Guide from hosting a Session, it is the Guide's responsibility to notify the Guest as soon as possible. SchoolScoops is not responsible for the results or consequences of any interactions between Parties.

6.8. Consequences of No-Show: A Guide who fails to show up for a scheduled Session without prior notice may face consequences, including but not limited to account suspension or termination at SchoolScoops’ sole discretion.

6.9. Maintaining Accountability: Guides are encouraged to take their hosting commitments seriously and communicate promptly in the event of any unforeseen delays or emergencies. Failure to do so directly negatively impacts SchoolScoops’ business and reputation and will not be tolerated.

7. Guest Responsibilities

7.1. Respect for Guide’s Schedules: Guests must adhere to the availability and schedules provided by Guides in their Listing. Guests may only book a Session during a time that is available on the Listing. Guests may not attempt to circumvent the Guide’s availability.

In certain circumstances Guests and Guides may reschedule or adjust the time of a Session if mutually agreed upon by all Parties.

7.2. Accurate Information: Guests agree to provide accurate information about themselves. Guests also agree to provide reviews that are accurate, fair, and non-disparaging.

Guests may be asked to supply certain information relevant to their booking including, without limitation, their name, email, phone number, credit card number, the expiration date of their credit card and their billing address.

Guests represent and warrant that: (i) they have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any booking; and that (ii) the information they supply to SchoolScoops is true, correct, and complete.

By submitting such information, Guests grant SchoolScoops the right to provide the information to payment processing third parties.

7.3. Availability, Errors, and Inaccuracies: You acknowledge that information in Listings may be inaccurate.

SchoolScoops, nor Guides, guarantee the accuracy or completeness of any information, images, specifications and availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7.4. Limit on Guests: Guests are allowed to bring their parents, guardians, and siblings (“Additional Guests”) with them on their Session. Prior to the Session, Guests should notify their Guide of any Additional Guests that will be attending the Session.

7.5. Session Duration: All Sessions are scheduled for one hour in duration. Sessions may be shorter than 1 hour at the discretion of the Guest, and Sessions may be longer than 1 hour at the discretion of the Guide. There will be no change in payment for a Session that is not 1 hour.

7.6. Meeting Location: Guides and Guests should meet at the location provided in the Listing. However, in certain circumstances, it may be necessary to meet at a different location. Any alternative meeting place must be publicly accessible and located either on or near campus. Both parties must agree on the alternate location before the Session starts.

7.7. Session Route: Guests may request to visit specific locations both on and off campus during, before and after the Session. Access to these locations must comply with all rules and regulations set forth by the school or relevant legal/governing body. Guides have the right to decline any Guest’s request to see a location with these guidelines or may decline to show a Guest a location at their discretion.

7.8. Restricted Building and Dormitory Access: Guides and Guests may not be able to enter buildings or facilities that require special access or permission before, during or after the Session. Accessing dormitories, apartments, fraternities or sororities, off-campus residences, or any other living quarters or restricted building is solely at the discretion of the Guide and must align with all rules and regulations set forth by the School, building owner/manager, fraternity or sorority, or relevant legal/governing body. Guides have the right to decline any Guest’s request that conflicts with these guidelines, or at their discretion.

7.9. If a Guest fails to attend a Session or is unable to locate, contact, or connect with their Guide through no fault of the Guide, a refund will not be provided. SchoolScoops reserves the right to make this determination.

7.10. Post-Session Communication: Once a Session is over, the responsibility of a Guide to provide information, messages or any other duty to the Guest is over. SchoolScoops is not responsible or liable for any future interactions between the two Parties.

8. Community Guidelines

As a SchoolScoops user, the following guidelines should govern your behavior. Any violation of these guidelines may result in the suspension or termination of your SchoolScoops account at our discretion. Thank you for helping to maintain a safe and respectful community.

Harming or Endangering Others: Do not engage in any form of physical or sexual assault, abuse, harassment, domestic violence, robbery, human trafficking, or any violent behavior. Individuals engaging in dangerous behavior or dangerous organizations are not permitted on the SchoolScoops platform. SchoolScoops reserves the right to suspend or terminate any user at any time at SchoolScoops’ own discretion.

Threats: Do not convey any intent to harm anyone through words or actions. Threats of self-harm will be treated with the same seriousness.

Creating Hazards: Avoid creating conditions that could lead to dangerous situations. This includes carrying weapons or hazardous materials.

Theft, Vandalism, or Extortion: Do not steal from anyone or anywhere.

Spam, Phishing, or Fraud: Do not engage in transactions outside of SchoolScoops, commit fraud, or attempt to deceive others. Refrain from diverting payments meant for others or making false claims against community members.

Privacy and Intellectual Property: Respect the privacy and intellectual property rights of others. Unauthorized access to accounts, recording devices, and copyright/trademark violations are prohibited.

Discrimination and Hate Speech: Treat all individuals with respect, regardless of race, ethnicity, nationality, religion, sexual orientation, gender, gender identity, disability, or health conditions. Discrimination or insults based on these characteristics is strictly prohibited.

Promoting Inclusivity: We encourage all members of the SchoolScoops community to embrace diversity and treat each other with respect, regardless of differences in background or identity. Bullying or Harassment: Do not share personal information to shame or blackmail others. Refrain from targeting individuals with unwanted behavior, defamation, or violations of our review and content standards.

Disturbing the Community: Be considerate of common spaces and others. Avoid creating disturbances.

Misrepresentation: Do not provide false information about yourself or anyone else. Honoring Commitments: Adhere to cancellation policies and abide by rules set by the Guide and School.

Be Responsive: Maintain open communication during booking and throughout the Session. Participate willingly in the resolution process if needed.

9. SchoolScoops’ Rights and Responsibilities

9.1. SchoolScoops Role: SchoolScoops is simply a matchmaking service. Guides are not employees or consultants of SchoolScoops or the School, nor are Guides employees or consultants to Guests. The relationship between Guides and Guests, Guests and SchoolScoops, and Guides and SchoolScoops is not a business or employment contract.

9.2. Travel Costs: SchoolScoops is not responsible for any costs, including but not limited to travel, lodging, and dining that Guests and Guides incur before, during, or after their Session. If a Session is canceled or postponed, SchoolScoops is not responsible for any costs Guests and Guides may have incurred as a result.

9.3. Setting Price and Fee: SchoolScoops determines the price of each Session and reserves the right to modify both the Session price and the SchoolScoops Fee at any time at our sole discretion. The SchoolScoops Fee refers to the amount or “take rate” earned by SchoolScoops from each Session.

9.4. Right to Cancel: Guests are eligible for a full refund if they cancel their Session at least 24 hours before its scheduled start time. Cancellations made within 24 hours of the Session are non-refundable. SchoolScoops retains the right to cancel any Session at its discretion, with the option to issue a refund.

10. Your Responsibilities and Assumption of Risk

10.1. Your Responsibilities: All Parties using SchoolScoops are responsible and liable for their own acts and omissions. All Parties must act with integrity, treat others with respect, and comply with all applicable laws at all times. If you are booking a Session for a Guest who is a minor, or if you bring a minor with you on a Session, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

10.2. Your Assumption of Risk: All Parties acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the SchoolScoops Platform and any interaction you have with other Users whether in person or online. For example, this means it is the Guest’s responsibility to investigate a Guide’s Listing to determine whether it is suitable for them. By using SchoolScoops, all Parties willfully assume those risks by choosing to participate and engage.

11. No Duplicate Accounts or Guide Listings

Users may only create one account. Guides may only create one Listing and are responsible for keeping the information in their Listing accurate and up-to-date.

12. Intellectual Property

12.1. Content Ownership: Users retain ownership of their content (reviews, photos, etc.) but grant SchoolScoops a non-exclusive, worldwide license to use, display, and distribute it. SchoolScoops may use any User content for business purposes without consent of any User.

12.2. To uphold our commitment to protecting intellectual property rights, SchoolScoops prohibits Users from engaging in any activity that infringes on the intellectual property rights of others. This includes, but is not limited to, the following:

Unauthorized Uploading of Copyrighted Content: Users are prohibited from uploading copyrighted content to SchoolScoops without the express permission of the copyright holder. This includes, but is not limited to, copyrighted images, music, videos, and text.

Reproduction and Distribution of Copyrighted Content: Users are prohibited from reproducing or distributing copyrighted content found on SchoolScoops without the express permission of the copyright holder. This includes, but is not limited to, copying and pasting copyrighted text, downloading copyrighted images or videos, and sharing copyrighted content on other platforms.

Unauthorized Creation of Derivative Works: Users are prohibited from creating derivative works based on copyrighted content found on SchoolScoops without the express permission of the copyright holder. A derivative work is a new work that is based on or incorporates an existing copyrighted work. Examples of derivative works include translations, adaptations, and dramatizations.

Misappropriation of Trademarks and Trade Secrets: Users are prohibited from using trademarks or trade secrets found on SchoolScoops in a way that is likely to cause confusion or mislead others.

Consequences of Infringement: If a User infringes on the intellectual property rights of others using SchoolScoops, the User may face a number of consequences, including:

Removal of Infringing Content: SchoolScoops reserves the right to remove any infringing content from its platform without prior notice to the User.

Account Suspension or Termination: SchoolScoops may suspend or terminate the account of a User if the User repeatedly infringes on the intellectual property rights of others.

Legal Action: In severe cases, SchoolScoops may take legal action against a User who infringes on the intellectual property rights of others.

13. Force Majeure

In the event of unforeseeable circumstances, such as natural disasters or other emergencies, that prevent a Session from taking place, SchoolScoops will not be held responsible or liable.

14. Competitive Engagement and Employment Restrictions for Guides

Guides on SchoolScoops agree that during the duration of their engagement as a Guide, and for a period of 5 years thereafter, they shall not directly or indirectly engage in the establishment, operation, or employment with any company, platform, or service that competes with SchoolScoops or provides a similar service. This includes establishing their own school-specific service, whether offering virtual or in-person Sessions. Guides are permitted to be employed as official tour guides for their School. Any breach of this clause may lead to immediate termination of the agreement, financial consequences, and legal action.

15. Entire Agreement

Superseding Clause: This Agreement constitutes the entire agreement between the Parties and SchoolScoops and supersedes all prior negotiations, understandings, or agreements.

16. No Waiver

The failure of SchoolScoops to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

17. Notices

Communication: All notices under this Agreement shall be in writing and sent to the contact addresses provided by each Party.

18. Assignment

Parties may not transfer their rights or obligations under this Agreement.

19. Mutual Arbitration Provision

19.1. User and SchoolScoops mutually agree to this Mutual Arbitration Provision, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all disputes arising out of or relating to this Agreement, including but not limited to User’s classification as an independent User, User’s provision of Contracted Services to Consumers or other individuals or businesses, the payments received by User for providing services to Consumers or other individuals or businesses, the termination of this Agreement, and all other aspects of User's relationship with SchoolScoops, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Federal Credit Reporting Act (or its state or local equivalents), Telephone Consumer Protection Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to User’s relationship or the termination of that relationship with SchoolScoops.

19.2. This Mutual Arbitration Provision extends to disputes between User and any SchoolScoops affiliates, subsidiaries, successors, related entities, agents, employees, Users, subcontractor, insurers, licensees, assignees, vendors, and suppliers (including but not limited to Persona, Checkr, Blue Star, Stripe, Payfare, and their affiliates) (“Related Third Parties”) that arise out of or relate to this Agreement or the SchoolScoops Platform. This Mutual Arbitration Provision is expressly intended to inure to the benefit of, and be enforceable by, the Related Third Parties. This Mutual Arbitration Provision also applies to claims brought by an association or organization of which User or SchoolScoops is a member, if the association’s or organization’s claims are asserted in a representative capacity, the association or organization seeks to redress harm allegedly suffered by User or SchoolScoops, or the claim would otherwise be covered by this Mutual Arbitration Provision if the claim were brought directly by User or SchoolScoops. The parties agree that upon learning of such claims brought by an association or organization, the parties must take all reasonable steps to move the dispute into arbitration, including, but not limited to (1) requesting that the party’s association or organization resolve the dispute in arbitration under this Mutual Arbitration Provision, and (2) informing the relevant court or tribunal of the existence of this Mutual Arbitration Provision and requesting the court or tribunal to compel arbitration. This Mutual Arbitration Provision does not apply to any claims that cannot be arbitrated under applicable law, including but not limited to individual claims of sexual assault or sexual harassment, after accounting for FAA preemption.

19.3. The parties expressly agree that this Mutual Arbitration Provision shall be governed by the FAA even if User and/or SchoolScoops are otherwise exempted from the FAA. Any disputes regarding the FAA’s application shall be resolved exclusively by an arbitrator. If for any reason the FAA does not apply, the state law governing arbitration agreements in the state in which User has performed the majority of Contracted Services shall apply, or, if User has not performed any Contracted Services, the state law governing arbitration agreements in the state in which SchoolScoops is primarily located shall apply.

19.4. To the extent the parties have related arbitrable and non-arbitrable disputes, the arbitrable disputes shall proceed first in arbitration and the non-arbitrable disputes shall be stayed, and any applicable statutes of limitations tolled, pending completion of the arbitration.

19.5. Informal Dispute Resolution. User and SchoolScoops agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. User and SchoolScoops therefore agree that, before either User or SchoolScoops demands arbitration against the other, they will offer to personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Mutual Arbitration Provision. For sake of clarification only, the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If User is represented by counsel, User’s counsel may participate in the conference, but User shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify SchoolScoops that User intends to initiate an informal dispute resolution conference, email help@schoolscoops.com, providing User’s name, the telephone number associated with User’s Platform account (if any), the email address associated with User’s Platform account, and a description of User’s claims. We may then send User an Informal Dispute Resolution Conference Request form, which User must fill out completely to initiate the informal dispute resolution conference. If SchoolScoops intends to initiate an informal dispute resolution conference, SchoolScoops shall do so by emailing the email address associated with User’s Platform account, and providing a description of SchoolScoops’s claims. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. If the party receiving the informal dispute resolution notice declines to engage in an informal dispute resolution conference or fails to respond to the claimant’s notice, then the claimant may initiate an arbitration 60 days after providing the notice. For sake of clarification only, if the party receiving the informal dispute resolution notice declines to engage in an informal dispute resolution conference or fails to respond to the claimant’s notice, that shall not constitute a breach of, or failure to comply with, this provision.

19.6. The arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. If an arbitration is dismissed because a party failed to comply with these informal dispute resolution procedures, the parties agree that the party that failed to comply with the informal dispute resolution procedures shall be responsible for paying any arbitration filing fees and costs incurred by the other party. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. Likewise, if the party receiving the informal dispute resolution notice declines to engage in an informal dispute resolution conference or fails to respond to the claimant’s notice, then the statute of limitations and any filing fee deadlines shall be tolled during the 60 day period between when the claimant provides notice and when the claimant is permitted to initiate the arbitration.

19.7. If, following the informal resolution process, either User or SchoolScoops wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period (after accounting for any tolling, including the tolling provided for in the prior section). This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, (3) a description of the remedy sought, (4) the amount in controversy, and (5) the personal signature of the party seeking arbitration. Any demand for arbitration by User must be delivered to the counsel who represented SchoolScoops in the informal resolution process.

19.8. Arbitration Class Action Waiver. User and SchoolScoops mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action, consolidated action, and/or representative action (“Arbitration Class Action Waiver”). If applicable law (after taking into account FAA preemption) allows parties to waive their right to bring claims pursuant to the Private Attorney General Act (“PAGA”), or the right to seek a public injunction, then the parties mutually agree to waive their right to bring PAGA claims and claims for public injunctive relief under this Arbitration Class Action Waiver. User and SchoolScoops agree that all disputes and claims shall be resolved in arbitration on an individual basis only (i.e., whether User has been personally aggrieved or subject to any violations of law), and that any such proceeding may not be used to resolve the claims or rights of other individuals (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law). Further, any dispute or claim belonging to a party, for the benefit of a party, or seeking relief owed to a party brought by anyone (including but not limited to claims by government entities or officials for restitution) shall be resolved in arbitration on an individual basis only. If any provision, portion, or application of this Arbitration Class Action Waiver is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision, portion, or application shall be severed from this agreement; (2) severance of the unenforceable provision, portion, or application shall have no impact on the Mutual Arbitration Provision (including the provision, portion, or application of the Arbitration Class Action Waiver that remains valid) or the parties’ attempt to arbitrate any remaining claims on an individual basis under the Mutual Arbitration Provision (including the provision, portion, or application of the Arbitration Class Action Waiver that remains valid); and (3) the class, collective, consolidated, or representative action brought on behalf of other individuals must be litigated in a civil court of competent jurisdiction and not in arbitration (but stayed pending the completion of arbitration of any arbitrable disputes per section 19.4 above). The parties intend that this agreement achieve the same result as in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906, 1925 (2022)—i.e., that individual PAGA claims be decided in individual arbitration and that, to the extent the Arbitration Class Action Waiver is invalid in whole or in part, non-individual PAGA claims subsequently be decided by a court of competent jurisdiction (to the extent the plaintiff has standing to maintain such a claim). Nothing in this paragraph shall be construed to prohibit settlements on a class-wide, collective, and/or representative basis.

19.9. Notwithstanding any other clause contained in this Agreement or the NAM Rules, as defined below, any claim that all or part of the Arbitration Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable, and all disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court.

19.10. User agrees and acknowledges that entering into this Mutual Arbitration Provision does not change User’s status as an independent User in fact and in law, that User is not an employee of SchoolScoops or any Consumer and that any disputes in this regard shall be subject to arbitration as provided in this Agreement.

19.11. Any arbitration shall be governed by the National Arbitration and Mediation (“NAM”) Comprehensive Rules and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitration Filings (together, the “NAM Rules”), except as follows:

a. The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in accordance with the NAM Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute. Nothing in this Agreement or the NAM Rules is intended to override or displace any statutory rights to disqualify an arbitrator.

b. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of SchoolScoops’ registered agent address as of the effective date of this Agreement.

c. NAM’s fee schedule will apply with the following exceptions. Unless applicable law provides otherwise, SchoolScoops and User shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative , but User’s share of such fees and costs will not exceed the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. If required by applicable law, SchoolScoops shall pay any costs uniquely associated with arbitration, such as payment of the fees of the Arbitrator, as well as room rental.

d. The Arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the parties agree that the Apex Doctrine shall apply and therefore preclude depositions of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted.

e. Except as provided in the Arbitration Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the applicable state or federal substantive law, or both, as is applicable.

f. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.

g. The Arbitrator's decision or award shall be in writing and shall include findings of fact and conclusions of law.

h. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.

i. The award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The Arbitrator’s decision is final and binding on User and SchoolScoops.

j. Either User or SchoolScoops may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.

19.12. Mass Filing and Bellwether Protocols (please read this section carefully). If, at any time, 25 or more similar demands for arbitration are asserted against either party or their related parties by the same or coordinated counsel or entities (“Mass Filing”), the additional protocols set forth below shall apply:

a. NAM’s Supplemental Rules for Mass Arbitration Filings shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Mutual Arbitration Provision, to be part of a Mass Filing.

b. Within five (5) business days of being notified by NAM that arbitration demand(s) have been filed, any party may file a Request for Appointment of a Procedural Arbitrator with NAM to determine (i) whether a particular demand(s) is/are part of the Mass Filing as defined by the NAM Rules, procedures or requirements based on that determination and/or (ii) if a demand(s) is/are categorized as part of the Mass Filing, whether the particular demand(s) was/were filed in accordance with the terms and conditions of this Mutual Arbitration Provision, including in accordance with the informal dispute resolution procedures described above.

c. Any Mass Filing shall be subject to a bellwether proceeding intended to reach a fair and speedy resolution of all claims included in the Mass Filing. In any Mass Filing, NAM shall randomly select 4 demands for arbitration to proceed, and then claimants and respondents shall each select 3 demands for arbitration to proceed, for a total of 10 arbitrations (the “Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Filing shall be held in abeyance and stayed, and no party shall be responsible for paying any administrator or arbitrator fees (other than NAM’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations regarding those demands shall remain tolled beginning when the Mass Filing claimant first provided the other party with notice of its intent to initiate an informal dispute resolution conference, as defined above.

d. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration within 120 days of its initial pre-hearing conference.

e. Following the resolution of all of the Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Filing. The mediation shall be administered by NAM.

f. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within 30 days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be administered by NAM on an individual basis pursuant to the NAM Rules.

g. The parties agree that these bellwether proceeding protocols are designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings, including the claims of Users who are not selected for a Bellwether Arbitration.

h. If any part of this section 19.12 is found to be unenforceable, then the parties agree that that part shall be severed, and the remaining parts shall be enforced.

19.13. Nothing in this Mutual Arbitration Provision prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. SchoolScoops will not retaliate against User for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under section 7 of the National Labor Relations Act. Disputes between the parties that, after taking into account FAA preemption, may not be subject to predispute arbitration agreement, including as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Mutual Arbitration Provision.

19.14. The NAM Rules may be found at www.namadr.com/ or by searching for “NAM Comprehensive Rules and Procedures” and “NAM Supplemental Rules for Mass Arbitration Filings” using a service such as www.google.com.

19.15. User’s Right to Opt Out of Mutual Arbitration Provision. Arbitration is not a mandatory condition of User’s contractual relationship with SchoolScoops, and therefore each new User may submit a statement notifying SchoolScoops that User wishes to opt out and not be subject to this Mutual Arbitration Provision. If you are an existing User and have agreed to a prior version of this Agreement with SchoolScoops without opting out of the Mutual Arbitration Provision contained therein, you do not have an opportunity to opt out of this Mutual Arbitration Provision. If you are an existing User and have validly opted out of the Mutual Arbitration Provision in a prior version of the Agreement, that opt out will not be effective for disputes arising under this Agreement; if you want to opt out of arbitration for claims arising under this Agreement, you must submit a new opt out to SchoolScoops. In order to opt out, a new User (or an existing User that validly opted out of arbitration in a prior version of the Agreement) must notify SchoolScoops in writing of User's intention to opt out by sending a letter, by First Class Mail, to SchoolScoops, LLC., 55 Romney Street, Unit 1205, Charleston, SC 29403. Any attempt to opt out by email will be ineffective. The letter must state User's intention to opt out. In order to be effective, User's opt-out letter must be postmarked within 30 days of the effective date of this Agreement. The letter must be signed by User themselves, and not by any agent or representative of User. The letter may opt out, at most, only one User, and letters that purport to opt out multiple Users will not be effective as to any. No User (or their agent or representative) may effectuate an opt out on behalf of other Users. If User opts out as provided in this paragraph, User will not be subject to any adverse action from SchoolScoops as a consequence of that decision and they may pursue available legal remedies without regard to this Mutual Arbitration Provision. If User does not opt out within 30 days of the effective date of this Agreement, User and SchoolScoops shall be deemed to have agreed to this Mutual Arbitration Provision. User has the right to consult with counsel of User's choice concerning this Mutual Arbitration Provision (or any other provision of this Agreement).

19.16. Except as specified in the prior paragraph, this Mutual Arbitration Provision supersedes any and all prior arbitration agreements between User and SchoolScoops and is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. The award issued by the Arbitrator may be entered in any court of competent jurisdiction.

20. Litigation Class Action Waiver

To the extent allowed by applicable law, separate and apart from the Mutual Arbitration Provision found in section 19 User and SchoolScoops agree that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, whether because User opted out of the Mutual Arbitration Provision or any other reason, will be conducted solely on an individual basis, and the parties agree not to seek to have any controversy, claim or dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which User or SchoolScoops acts or proposes to act in a representative capacity (“Litigation Class Action Waiver”). User and SchoolScoops further agree that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect. For sake of clarification only, nothing in this section shall be construed to prohibit settlements on a class-wide, collective, and/or representative basis.

21. Language

This Agreement is written in English and will be interpreted in English.

22. Headings and Subheadings

Section headings and subheadings are for convenience and do not affect interpretation.

23. Survival

Certain provisions will continue to apply after termination of the contract.

24. Privacy and Data Protection

24.1. Privacy Policy: Our Privacy Policy governs the collection, use, and sharing of User data. By using SchoolScoops, you consent to the terms of our Privacy Policy.

24.2. Cookies and Tracking: We use cookies and similar tracking technologies. By using the website, you consent to their use.

24.3. You agree to grant and hereby grant SchoolScoops a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license and all other rights required or necessary to redistribute, publish, import, access, use, store, transmit, review, disclose, preserve, extract, modify, reproduce, share, use, display, copy, distribute, translate, transcribe, create derivative works, and process your Personal Data and to perform all acts with respect to the User Content…for the purpose of product and service development, marketing, analytics, quality assurance, machine learning, artificial intelligence, training, testing, improvement of the services, software, or SchoolScoops’ other products, services, and software, or any combination thereof.

25. Feedback and Reviews

Guides and Guests are encouraged to provide honest and constructive feedback about their Session experience in the form of ratings and review. Users may not defame or falsely write information. SchoolScoops reserves the right to hide or delete any feedback.

26. Prohibited Activities

Prohibited activities include harassment, fraud, misrepresentation, impersonation, or any behavior that violates our Community Guidelines.

27. Termination of Accounts and Listings

SchoolScoops reserves the right to terminate or suspend any account or Listing at our discretion at any time. We reserve the right to remove any content, in whole or in part, that violates our Terms of Service, our Community Standards, or for any other reason at our sole discretion.

28. Amendments to the Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. SchoolScoops may, at our sole discretion, choose to notify Users of any changes to these Terms by email, but is not obligated to do so. The date of the most recent update will be provided at the beginning of these terms.

By continuing to access or use SchoolScoops after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using SchoolScoops.

29. Governing Law and Jurisdiction

This Agreement is governed by the laws of South Carolina, and any disputes will be resolved in the courts of South Carolina.

30. Severability

If any provision of this Agreement is deemed invalid, the remaining provisions will remain in full force and effect.

31. Links to Other Websites

SchoolScoops may contain links to third-party websites or services that are not owned or controlled by SchoolScoops

SchoolScoops has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that SchoolScoops shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

32. Interpretation and Effect of Terms

In the event of any typographical errors, mis-capitalizations, misinterpretations of definitions, or misinterpretations of clauses in these terms, they shall be construed according to their fully intended effect.

33. Contact Information

For questions or concerns regarding these Terms and Conditions, please contact us at help@schoolscoops.com.