Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THE SITE.

Cherokee Nation Aerospace and Defense, LLC, doing business as Scout Health Security (“CNAD,” “Scout Health Security,” “we,” “us” or “our”) owns and operates the scouthealthsecurity.com website and any other website linking to these Terms of Use (the “Site”).

We reserve the right, in our sole discretion, to change these Terms of Use from time to time, and at any time, without prior notice.  Your continued use of the Site following such updates will serve as your acceptance of the updated Terms of Use.

By using or accessing the Site you and Scout Health Security agree as follows:

The Site is for your personal, non-commercial, and lawful use only.  Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission.

Subject to your compliance with these Terms, you may access the Site and display the material from the Site strictly for your own internal, noncommercial, lawful use, and CNAD grants you a limited, non-exclusive, and non-transferable license to use the Site for your personal use.  If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site.  You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  Use of any of the Site made available through a third-party platform is also subject to the platform’s applicable terms and conditions.

If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us by email at webeditor@cn-bus.com.

Scout Health Security maintains the Site to enhance public access to Scout Health Security information.  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Scout Health products are not intended to diagnose, treat or cure any medical or health condition.  Scout Health products are not a substitute for healthcare provider advice.  If you have any questions or concerns about individual medical symptoms or conditions, then consult your healthcare provider. All products, product specifications and any other product or service information described or displayed on the Site are subject to change at any time without notice.  We do not warrant that the information on products (such as product images and descriptions) is error free or that any products listed on the Site will be available.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.  The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cherokee Nation Businesses, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Cherokee Nation Businesses.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Site may contain live references (or pointers) to information created and maintained by other organizations including plug-in downloads used to view various content. Please note that, in those instances, Scout Health Security does not control, endorse, and cannot guarantee the relevance, timeliness, or accuracy of these outside materials or plug-in downloads. We cannot guarantee the safety of your personal computer from visiting or downloading from sites outside of the Site or any of the individual sites of Cherokee Nation Businesses companies.

The websites, products and services of CNAD and the information therein contain copyrighted materials, trademarks, and proprietary data, research and other information belonging to CNAD or used with permission of licensors of CNAD.  We and any licensors own all right, title and interest in and to the Site, and all content and materials on the Site, including, without limitation, all text, photos, videos, marks, graphics, art, user input, interfaces, features, functions, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, trademarks and logos, audio, sound recordings, and video recording.  Your use of the Site does not grant to you ownership in or rights to of any of the foregoing.  We and any licensors reserve and shall retain their entire right, title and interest in and to the Site, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.  No copying, redistribution, retransmission, publication or commercial exploitation of any material of the Site is permitted without the express permission of CNAD and/or the copyright owner, or except as may be expressly authorized by applicable copyright laws.  You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time. 

THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CNAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CNAD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CNAD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.

 

IN NO EVENT SHALL CNAD, ITS PARENT, AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100 (UNITED STATES DOLLARS).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms of Use, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you.

Along with these Terms of Use, please read our Privacy Policy and refer to it before you submit any personal information to the Site.  The Privacy Policy is hereby incorporated and made part of these Terms of Use.

The Site is operated out of the United States.  The Site may not be available to users outside of the United States.  CNAD makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited.  Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws.  You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship is intended or created by these Terms of Use.  These Terms of Use are governed by the laws of Oklahoma, without regard to its conflict-of-law provisions.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, and the other provisions of the Terms of Use remain in full force and effect.  By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred.  These Terms, together with the Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by CNAD on the Site, shall constitute the entire agreement between you and CNAD concerning the subject matter hereof.  Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  These Terms of Use, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by CNAD without restriction.  Any purported delegation, transfer or assignment by you shall be null and void.  The communications between you and us use electronic means, whether through the Site or via email.  For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Scout Health Security welcomes suggestions. Contact us at webeditor@cn-bus.com.

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