Terms of Service

1. Acceptance of Terms (The "Clickwrap" Agreement)

By creating an account, clicking "I Agree," accessing the Map Tool, or using any part of the Scout Senior platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must immediately cease all use of the Service.

You acknowledge that these Terms constitute a binding legal agreement between you and Scout Senior ("Company," "we," or "us"), even though the data presented on the Service may be factual or public in nature. Your access is strictly conditioned upon your adherence to these Terms.

2. Limited License & Proprietary Rights

2.1 Ownership of Compilation

While individual facts regarding senior housing communities may be in the public domain, you acknowledge that the selection, coordination, arrangement, and enhancement of such data on the Service constitute a proprietary compilation protected by United States copyright law and international treaties. Scout Senior exclusively owns this compilation, the user interface, the "Custom Reports," and all software code underlying the Service.

2.2 Limited License

Subject to your strict compliance with these Terms, Scout Senior grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service solely for your personal, non-commercial use in searching for senior housing.

2.3 Strict Prohibitions (The "Anti-Scraping" Clause)

Any use of the Service outside the limited license granted above is strictly prohibited and constitutes a material breach of this Agreement and a violation of our intellectual property rights. You specifically agree NOT to:

• Scrape or Crawl: Use any robot, spider, scraper, deep-link, or other automated data gathering or extraction tool, program, algorithm, or methodology to access, acquire, copy, or monitor the Service or any portion of the Content.
• Bypass Security: Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising the Service, or bypass, breach, or disable any security device, "spider trap," CAPTCHA, or technological measure used to protect the Service.
• Train AI: Use any Content, data, text, or images from the Service to train, fine-tune, or test any artificial intelligence, machine learning model, or neural network.
• Load Test: Take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by us in our sole discretion).

2.4 Revocation of Authorization

Your authorization to access the Service is automatically and immediately revoked if you violate Section 2.3. Accessing the Service after such revocation constitutes unauthorized access and a violation of state and federal law, including the Computer Fraud and Abuse Act (CFAA) and Arizona computer tampering statutes.

3. Consent to Monitoring

To protect the integrity of our Service and prevent unauthorized scraping, Scout Senior reserves the right to monitor your access and use of the Service.

You expressly consent to Scout Senior tracking, recording, and analyzing your interactions with the Service, including but not limited to IP addresses, device fingerprints, mouse movements, keystroke dynamics, and packet headers, for the purposes of security and fraud prevention.

4. User-Generated Content & Reports

4.1 Your Content

When you create checklists, save notes, or build dashboards ("User Content"), you retain ownership of your specific text. However, you grant Scout Senior a perpetual, irrevocable, worldwide, royalty-free license to host, store, display, and use your User Content to provide and improve the Service.

4.2 Custom Reports

You acknowledge that the format, layout, and structure of any "Custom Report" generated via the Service remain the exclusive property of Scout Senior. You may download one copy for personal reference, but you may not distribute, publish, sell, or commercially exploit these reports.

4.3 No PHI

You agree NOT to upload or store any Protected Health Information (PHI) as defined by HIPAA (e.g., medical records, detailed health diagnoses of relatives) on the Service. You are solely responsible for any sensitive information you choose to share via the "Share Dashboard" feature.

5. Map Tool Restrictions

The Service includes map features provided by third parties (e.g., Google Maps, Mapbox). You agree:

• Not to cache, pre-fetch, or store any map data or coordinates.
• Not to use the Map Tool for real-time navigation.
• To indemnify Scout Senior for any violation of third-party mapping terms caused by your use.

6. Disclaimers & Limitations of Liability

6.1 No Medical or Placement Advice

Scout Senior is a search tool, not a referral agency or healthcare provider. We do not vet, endorse, or recommend any specific community. The Content is for informational purposes only. You are solely responsible for interviewing facilities and selecting appropriate care.

6.2 "As Is" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6.3 Regulatory Status

Scout Senior is not a "referral agency" under Arizona law and does not enter into agreements with facilities on your behalf.

7. Liquidated Damages for Scraping

You acknowledge that unauthorized scraping or data extraction causes Scout Senior significant harm that is difficult to quantify (including bandwidth costs, loss of data exclusivity, and server instability).

Therefore, you agree to pay Scout Senior liquidated damages in the amount of $100.00 per record scraped, or $5,000.00 per day of unauthorized access, whichever is greater, in addition to any actual damages and legal fees incurred by Scout Senior.

8. Indemnification

You agree to defend, indemnify, and hold harmless Scout Senior, its officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with: (i) your access to or use of the Service; (ii) your violation of these Terms; or (iii) your violation of any third-party right, including intellectual property or privacy rights.

9. Termination

Scout Senior may, in its sole discretion, at any time and for any reason, suspend, terminate, or delete your account and prohibit your access to the Service, with or without notice. All provisions regarding Intellectual Property, Indemnification, Disclaimers, and Liquidated Damages shall survive termination.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by the laws of the State of Arizona, without respect to its conflict of laws principles.

10.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in Phoenix, Arizona.

10.3 Class Action Waiver

YOU AND SCOUT SENIOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.