Terms of Service

1. Terms

These Terms of Service (“Terms”) are a binding agreement between you and Katon Partners LLC d/b/a Katon Direct (“TheScrubb”,  “we”, “us”, or “our”) which offers TheScrubb website (www.thescrubb.com) (the “Site”) to you. By accessing the Site or any materials or information on the Site (together, the “Services”), you agree to be bound by these Terms of Service and our Privacy Policy, and you agree that you are responsible for your compliance with all applicable federal, state, and local laws, rules, or regulations. If you do not agree with all of these Terms, you are prohibited from using or accessing the Services. 

We may update or modify the Terms or any features of the Services at any time in our sole discretion. We will use commercially reasonable efforts to notify you of material changes to these Terms, but you are responsible for periodically checking this page for updates. You can view the most current version of the Terms at any time by clicking on the “Terms of Service” link at the bottom of the Site home page. If you continue to use the Services after changes to the Terms are posted, you will be deemed to have accepted the changes.

2. Use License

The Services are offered for your personal and non-commercial use only and are protected by applicable copyright and trademark laws. Except for the express license granted below, these Terms do not give you the right to use any of the Services in any other way, for any other purpose.

Permission is granted to temporarily download one copy of the materials, information, or other content on TheScrubb’s Site (the “Site Content”) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not otherwise:

  • publish, reproduce, distribute, display, perform, modify, create derivative works of, transmit, or in any way exploit any part of the Services;
  • use the Services for any commercial purpose;
  • attempt to decompile or reverse engineer any software contained on the Services;
  • remove any copyright or other proprietary notations from the Services; or
  • transfer the Services to another person or “mirror” the Services on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by TheScrubb at any time, with or without prior notice to you. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The Services are provided on an “as is” and “as available” basis. TheScrubb makes no warranties, express or implied, as to the Services or any Site Content, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TheScrubb does not warrant or make any representations concerning the accuracy, completeness, currentness, likely results, or reliability of your use of the Services or Site Content. We may make changes to the Services or the Site Content at any time without notice, but we do not undertake any commitment to update the Services. Your use of or reliance on any of the Services is strictly at your own risk.

4. Limitations

In no event shall TheScrubb, its employees, directors, affiliates, parent company, representatives, agents, customers, or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, or any indirect, incidental, consequential, special, or punitive damages) arising out of these Terms or your use or inability to use the Services or the Site Content, even if TheScrubb or an authorized representative of TheScrubb has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The limitations of liability in this Section 4 apply to all claims of liability (whether in tort, negligence, contract, law, or warranty), even if TheScrubb or its affiliates have been informed of the possibility of any such damages, and even if remedies fail of their essential purpose. 

5. Termination

TheScrubb may terminate these Terms for any reason at any time. We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. You can terminate these Terms at any time by notifying us of your election to terminate these Terms and discontinuing all use of the Services. Upon termination of these Terms for any reason, the license granted in Section 2 above will also terminate.

6. Third-Party Services

The Services may provide links to third-party sites, services, or content (“Third-party Services”), or Third-party Services may link to the Services. TheScrubb has not reviewed Third-party Services linked to or from the Services and is not responsible for the contents of any such Third-party Services. The inclusion of any Third-party Services on our Services does not imply endorsement by TheScrubb of the Third-party Services. Use of any such Third-party Services is at your own risk.

7. Governing Law

These Terms are governed by and construed in accordance with the laws of Connecticut and you irrevocably submit to the exclusive jurisdiction of the courts in Fairfield County, Connecticut.

8. Entire Agreement

These Terms constitute the entire agreement between you and TheScrubb and govern your use of the Services. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

9. Relationship of the Parties

No joint venture, partnership, employment, or agency relationship is created between you and TheScrubb as a result of these Terms or your access to and use of the Services.

10. Waiver

No failure by TheScrubb to enforce any provisions of these Terms or to respond to a breach by you or other parties shall waive any of our rights to subsequently enforce any provisions of these Terms or to act with respect with similar such breaches. Any waiver by us shall only be effective if in a writing signed by an authorized representative of TheScrubb.

11. Notices

We will send notices to you via email to the email address associated with your TheScrubb account. 

You agree to send any notices to us under these Terms by email to sayhello@thescrubb.com, or via postal mail to the following address:

TheScrubb
2 Landmark Square
Stamford, CT 06901