Scrollmark Terms of Use

Last Updated: September 11, 2025

We are Scrollmark, Inc. ("Company," "we," "us," "our"), a Delaware corporation with a principal office located at: 691 S Milpitas Blvd # 217, Milpitas, CA 95035, USA.

We operate the websites https://www.scrollmark.com and https://www.gpt.social (together with any successor, mirror, or related sites, the "Sites"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at sales@scrollmark.com or by mail to 691 S Milpitas Blvd # 217, Milpitas, CA 95035, USA.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and us, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

PLEASE NOTE THAT SECTION 14 BELOW CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13, YOU AND SCROLLMARK AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN SECTION 13.

OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

ACCOUNT

Registration

To access certain features of the Services, you may be required to register for an account. You agree to provide and maintain accurate, current, and complete information as part of the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or other security breach, and (b) properly log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with these obligations.

Third Party Log-in

The Services may allow you to register for or log in to your account using credentials from third-party identity providers (such as Google, Facebook, or Apple). By choosing this option, you authorize us to access information made available by that provider in accordance with your settings and our Privacy Policy (https://www.scrollmark.com/legal/privacy-policy) and the “Third-Party Services” section of these Legal Terms. You represent that you have the right to connect your account through any such provider. We do not control and are not responsible for the acts, omissions, or policies of these providers, and your relationship with them is governed solely by your agreement(s) with them. We do not guarantee the accuracy, availability, or reliability of any information, content, or services provided by such providers, and we disclaim any liability for damages or losses arising from your use of them. The inclusion of this login functionality does not imply our endorsement of any provider.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your Use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access, each solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Third Party Services

Certain features of the Services require integration with or authentication through third-party services, such as social networks, analytics providers, storage services, or AI providers (collectively, “Third-Party Services”). By connecting any Third-Party Service, you authorize the Company to access, retrieve, cache, and use information (including personal information and post-related metadata) from that service as permitted by your settings with them and our Privacy Policy. Updates you make on a Third-Party Service may not sync instantly; we may retain a backup of prior versions for a reasonable period to support restoration and audit.

You acknowledge and agree that it is your responsibility to review and accept the applicable Third-Party Services’ terms and privacy policies, which govern their handling of your data. The Company does not control and is not responsible for the acts, omissions, or policies of any Third-Party Service, and inclusion of any integration does not imply endorsement.

Use of Generative Features (as defined below) may rely on Third-Party Services and may be subject to additional terms and policies imposed by those Third-Party Services. To the extent such terms apply to you, you agree to comply with them.

Your Content

You retain ownership of all content you create and provide through the Services, including text, graphics, videos, thumbnails, captions, comments, questions, queries, and other materials (“Your Content”). Your Content includes materials you (i) upload directly to the Services, (ii) submit through interactive features of the Services; or (iii) authorize the Company to access from linked Third-Party Services (as defined below). You grant the Company an irrevocable (except as prohibited by applicable law), worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, reproduce, process, adapt, publish, transmit, analyze, display, perform, distribute, and create derivative works of Your Content as reasonably necessary to operate, secure, provide, and improve the Services (including model training and evaluation), develop new features, support related business operations, and deliver Your Content to end users via Third-Party Services, including a through-to-the-audience sublicense to our service providers, distribution partners, and applicable Third-Party Services to access, process, and use Your Content as reasonably necessary to operate, support, and improve the Services and Generative Features, and to enable display and delivery of Your Content on their services and devices.

You represent and warrant that you have all necessary rights to provide Your Content and grant this license, and that Your Content does not infringe, misappropriate, or violate any third-party rights.

Although we have no obligation to monitor any content submitted through the Services, we reserve the right to remove or edit Your Content at any time without notice if, in our reasonable opinion, it is harmful, unlawful, or otherwise in breach of these Legal Terms. If we remove or edit Your Content, we may also suspend or disable your account and, where appropriate, report the matter to the relevant authorities.

Generative Features

The Services may include AI-enabled features (“Generative Features”) that interface with one or more Third-Party Services. Based on your inputs (including prompts, queries, and Your Content), the Generative Features may produce content, text, images, recommendations, or other materials (“Output”). As between you and the Company, the Company owns all right, title, and interest in and to the Output and any derivative models, learnings, embeddings, or evaluation artifacts created from or using Your Content or your interactions with the Generative Features.

The Company grants you a worldwide, non-exclusive, royalty-free, perpetual, transferable, and sublicensable license to use, reproduce, adapt, display, perform, distribute, and create derivative works of the Output for your lawful business purposes, including posting on your connected social accounts, subject to these Legal Terms and applicable law.

You are solely responsible for reviewing Output for accuracy, legality, and appropriateness before use or publication. Output may be incorrect, non-original, or similar to content provided to or generated for others. The Company disclaims all liability arising from your use of Output.

We may set fair-use or subscription-based limits on your access to Generative Features and may suspend or throttle access if limits are exceeded or to protect the Services.

Your Submission

Any questions, prompts, comments, suggestions, ideas, feedback, or other information you submit to or through the Services (“Submissions”) are deemed non-confidential. You assign to the Company all rights, title, and interests in and to Submissions, including all intellectual property rights. The Company may use, reproduce, disclose, publish, distribute, and otherwise exploit Submissions for any lawful purpose without acknowledgment or compensation.

USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• (1) all registration information you submit will be true, accurate, current, and complete;
• (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
• (3) you have the legal capacity and you agree to comply with these Legal Terms;
• (4) you are not a minor in the jurisdiction in which you reside;
• (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
• (6) you will not use the Services for any illegal or unauthorized purpose;
• (7) your use of the Services will not violate any applicable law or regulation;
• (8) you have all necessary rights, licenses, and permissions to provide Your Content to the Services;
• (9) Your Content does not infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, or other rights of any third party; and
• (10) Your Content does not include and is not subject to any confidentiality obligations owed to a third party.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

SUBSCRIPTION AND PAYMENT

We may offer certain features of the Services for a fee (“Paid Services”), including subscriptions. Unless otherwise stated, all fees are in U.S. dollars and are non-refundable except as required by law. Payments for Paid Services are processed by our third-party payment processors (such as Stripe), and your use of their services is subject to their terms and privacy policies. We do not directly process or store your payment card information.

If you sign up for a subscription, you authorize us (and our payment processors) to charge your designated payment method on a recurring basis for the applicable fees, unless you cancel before the next billing cycle. Subscriptions will automatically renew at the end of each billing period (monthly, annual, or as otherwise disclosed) until canceled. You may cancel at any time, and cancellation will take effect at the end of the current billing period.

We may change our fees or subscription plans upon reasonable advance notice, in compliance with applicable law.

From time to time, we may offer free trials or promotional access to the Services at our discretion. Unless otherwise stated, such trials will convert to paid subscriptions at the end of the trial period unless canceled before that time.

Promotion Code

We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on benefits related to the Services or future Company offerings, which may be subject to supplement terms the Company establishes from time to time in its discretion. . You agree that Promotional Codes:

• (a) must be used in a lawful manner;
• (b) must be used for the intended audience and purpose;
• (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company;
• (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company;
• (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code;
• (f) are not valid for cash or other credits or points; and
• (g) may expire prior to your use.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Post, upload, or otherwise provide any Content that infringes, misappropriates, or violates the intellectual property, privacy, publicity, or confidentiality rights of any third party, or that is unlawful, harmful, misleading, defamatory, obscene, harassing, or otherwise objectionable.
• Provide Content that you do not have the rights, licenses, or permissions to share, including confidential or proprietary information of third parties.
• Use the Services or Outputs in violation of any applicable law or regulation.
• Use the Services or Outputs to benchmark, test, or evaluate the Services, or to publish or disclose performance results, without our prior written consent.
• Interfere with, disrupt, or attempt to circumvent the security, integrity, or intended operation of the Services (including scraping, automated access, reverse engineering, or bypassing technical measures).
• Introduce malware, spyware, or other harmful code.
• Misrepresent your identity, impersonate others, or use another user’s account without authorization.
• Harass, threaten, or intimidate any user, employee, or partner of the Company.
• Use the Services to compete with us or to develop a competing product or service.
• Commercialize the Services, Content, or Outputs except as expressly permitted in writing by us.
• Sell, lease, or otherwise transfer your account or profile without our consent.
• Use the Services, Outputs, or any portion thereof to train, develop, or improve any machine learning or artificial intelligence system without our prior written consent
• Use the Services in any manner that, in our reasonable discretion, could harm the Services, our business, or other users.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.scrollmark.com/privacy-policy

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you believe that material available on or through the Services infringes a copyright you own or control, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”). A copy of your notice may be sent to the user who posted or stored the material. Please note that you may be liable for damages if you knowingly misrepresent that content is infringing. If you are unsure whether the material infringes your copyright, you should consult an attorney before filing a notice.

To be effective, your DMCA notice must include:

• Your physical or electronic signature;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the material claimed to be infringing, and information reasonably sufficient to permit us to locate it;
• Your contact information (name, address, telephone number, and email address);
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DMCA Agent Contact:

TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BY BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON WHO WE BELIEVE HAS VIOLATED THESE LEGAL TERMS, ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED HEREIN, OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IF WE DETERMINE SUCH ACTION IS NECESSARY TO PROTECT THE SERVICES, OUR BUSINESS, OR OTHER USERS.

If your account is suspended or terminated, you may not register or create a new account without our prior written consent. In addition to suspension or termination, we reserve the right to pursue any remedies available to us at law or in equity, including seeking injunctive relief.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice, and without liability to you. We are not obligated to update the Services or to provide any corrections, updates, or new releases. The Services may be unavailable from time to time due to maintenance, equipment failures, or other reasons beyond our control. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during any downtime, suspension, or discontinuance.

GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Santa Clara County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Santa Clara County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@scrollmark.com or to Scrollmark, Inc., Attn: Legal – Arbitration Opt-Out, 691 S Milpitas Blvd #217, Milpitas, CA 95035, USA within 30 days of first accepting these Legal Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration.

CORRECTION

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of harmful components. We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content made available through the Services. We are not responsible for (i) errors, omissions, or inaccuracies in content; (ii) any unauthorized access to or use of our systems; (iii) interruptions, delays, or failures of transmission; or (iv) viruses, malware, or other harmful code transmitted by third parties.

To the extent the Services include links to or integrations with third-party websites, products, or services, we make no warranties and assume no responsibility for them. Your dealings with such third parties are solely between you and the applicable provider.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Your Content (including any claim that Your Content infringes, misappropriates, or otherwise violates the rights of a third party);
• Your use of the Services in violation of these Legal Terms or applicable law;
• Your breach of these Legal Terms;
• Any breach of your representations and warranties in these Legal Terms;
• Your violation of the rights of a third party, including intellectual property, privacy, or publicity rights; or
• Any harmful act toward another user of the Services with whom you connected via the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate, at your expense, with our defense of such claims. We will promptly notify you of any such claim, action, or proceeding upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATION

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

© Scrollmark, Inc.