Terms of Service
Overview
New Lake Inc. (“New Lake”, “we”, “us” or “our”) owns and operates a website located at www.scout-well.com (the “Website”, and collectively with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of the “Services” to registered users. New Lake offers these Sites, including all information, tools and Services, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting or interacting with the Sites, or by purchasing something from us, you engage in the Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the Services.
Any new features or tools which are added to the Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website and communicating the update to those users that have shared an email address with us. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any modifications will be posted on this or similar pages of the Sites, or, as applicable, e-mailed to the email address associated with your User Account or posted to your User Account, and shall be deemed effective as of their stated effective or modification date.
Accounts and Membership
You must be at least 21 years of age to use the Sites. By using the Sites and by agreeing to this Agreement you warrant and represent that you are at least 21 years of age. If you create an account on the Sites, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address, phone number, and Internet protocol address to prevent further registration.
Privacy
New Lake takes privacy seriously. To use the Sites and Services you must also agree, in full, to our Privacy Policy. To view the policy please visit https://scout-well.com/privacy.
New Lake is not a Healthcare Provider
New Lake is a software company that offers Services designed to promote a healthy lifestyle, and help users maintain or improve their general state of wellness. New Lake is not a healthcare provider, and none of the Services New Lake offers are intended to be used to diagnose, treat, cure, or prevent any disease or medical condition. By using the Sites and Services, you agree that you will not attempt to use or rely upon the Sites or Services for any medical purpose whatsoever. All medical decisions you make should be made in consultation with your physician, and must not be made in reliance upon the Sites or Services.
Your Relationship with New Lake
As described in the section titled “New Lake is not a Healthcare Provider”, ****New Lake does not provide medical services, including via the Sites and Services. The health-and-wellness resources provided in the Sites and Services are not intended to be used to diagnose, treat, cure, or prevent any disease or medical condition, and under no circumstances should the Sites or Services be used in those ways.
Moreover, you must not attempt to use the Sites or Services as a substitute for healthcare by a licensed healthcare provider. You acknowledge and agree that New Lake does not provide medical advice, diagnosis, or treatment recommendations. You acknowledge and agree that the affiliated third-party telemedicine providers are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of any medical services they may offer. You acknowledge that decisions relating to diagnosis, prescription, and/or treatment recommendations should be made between you and the health care provider. And you understand that throughout any communication or consultation with a provider via the Services, you are not entering into a provider-patient relationship with New Lake.
By accepting these Terms, you agree and consent to New Lake, New Lake affiliates, and other communications which you agree are solely your responsibility to monitor. You acknowledge and agree that you will not hold New Lake or any New Lake affiliate liable for any loss, injury, or claim of any kind resulting from your failure to monitor, read, or interact with these communications or for your failure to comply with any recommendations contained in these communications.
Content
The information presented on or through the Services is made available to you solely for general information purposes. We do not warrant or guarantee the accuracy, completeness or usefulness of the information. Any reliance you place on such information is strictly at your own risk. The Services may provide health-and-wellness information, but New Lake and the Services do not provide any medical advice and should not be relied on as the basis for any clinical decision or action. The information available via the Services must not be used for diagnosing or treating any health problem, illness, or disease. Medical advice should always be sought from a licensed, qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials and information by you.
Permitted Uses of the Sites and Services
Subject to your agreement and compliance with the terms of this Agreement, we grant you a non-exclusive, non-transferable, non-sharable, non-sublicensable, revocable, limited license to use the Sites and Services solely for personal, non-commercial, non-medical use. This license does not include any right to, and you will not: (a) sell, resell, or commercially use the Sites or Services; (b) copy, reproduce, distribute, or publicly display the Sites or Services; (c) modify the Sites or Services, remove any proprietary rights, notices or markings from the Sites or Services, or otherwise make any derivative uses of the Sites or Services; (d) use any data-mining, robots, artificial intelligence, or similar gathering or extraction methods with respect to the Sites or Services; or (e) use the Sites or Services for any reason other than their intended purposes.
Reservation of Rights
Nothing in this Agreement shall restrict or limit New Lake’s rights, titles or interests in or to the Sites, the App, the User Materials, or any elements or derivatives of the foregoing.
Support and Product Issues
New Lake offers email-based support for our users. Please reach out to help@scout-well.com if you have any questions. If you’re not satisfied with the product, reach out to us and we’ll do everything we can to ensure you have a great experience.
Express Consent
You hereby expressly consent to New Lake sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as New Lake deems appropriate in its sole discretion, whether through the Site, through the App, through your User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any New Lake products or services.
Email Opt-Out
You may opt out of emails from Scoutwell by taking the appropriate action from within the email (e.g., unsubscribe link) or by emailing New Lake at help@scout-well.com. You acknowledge that opting out of email from New Lake may affect your ability to interact with the Sites and Services and may result in your inability to succeed with the Products and Services you’ve purchased.
Text Message Opt-Out
You may opt-out of text messages (e.g., SMS, MMS) from New Lake by responding with your desire to opt-out to the text messages you receive or by emailing New Lake at help@scout-well.com. You acknowledge that opting out of text messages from New Lake may affect your ability to interact with the Sites and Services and may result in your inability to succeed with the Products and Services you’ve purchased.
Other Opt-Outs
You may opt out of any other communications by emailing help@scout-well.com with the specific communications you would not like to receive. You acknowledge that opting out of communications from New Lake may affect your ability to interact with the Sites and Services and may result in your inability to succeed with the Products and Services you’ve purchased.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall New Lake, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless New Lake and all parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Suspension / Termination of Service
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, or for any reason at our sole discretion, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and by the laws of the state of Oregon, without regard to any conflict-of-laws provisions.
Notice
You agree that New Lake may give or deliver all additional notices to you via a general notice posted here, on a similar page of the Sites, or by email to the email address connected to your registered User Account. Such general notices shall be deemed effective as of their stated effective dates.
Relationship
Neither these Terms of Use, nor any Content, materials, features, or use of the Services create any partnership, joint venture, employment, or other agency relationship between New Lake and you. You are not permitted to act on our behalf or bind us in any way legally, contractually, financially or by any other means.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Contact Information
Questions about the Terms of Service should be sent to us at designatedagent@scout-well.com.
Last updated: May 9, 2023
Questions? We’re happy to help at help@scout-well.com
Remember, the program, products, and services are intended only for maintaining and encouraging a healthy lifestyle and are not to be used for the diagnosis, cure, management, prevention, or treatment of any disease or condition.
The Scoutwell app, products, and services should never be used for medication management or dosing decisions.