Terms and Conditions (“Terms”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the SeatServe website (hereinafter the “Website” and “Service” respectively) operated by SeatServe, Inc. (collectively “us”, “we”, or “our”).

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms shall apply to all visitors, users and others who wish to access or use the website.

By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.

We reserve the right to change, alter, replace or otherwise modify these Terms (including our Privacy Policy, as defined below) at any time. We shall post a notice with respect to any substantial updates in these Terms. You are advised to review these Terms regularly for any changes. The continuance of use by you of the Website. Using the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms apply to the use of the Website and the Services contained therein via any computer, cell phone or any other communication device.

In these Terms, anything that appears in a masculine form shall also mean the feminine form and vice versa.

The Service and the Website

You can use the Website in order to view the information we provide about our services and products, the pricing for such products, and any other contact and any other contact we decide to share with you

You can choose to opt out and to stop using the Website, stop receiving information and updates from us, in the form and manner described below.

Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) you are at least 16 years old; (iii) the information you supply to us is true, correct and complete (including an active email address that enable us to send you important updates with respect to the Website and the Services); (iv) you have the full right and authority to provide such information and to allow us to use such information to provide the Services; and that (v) none of the content transmitted, uploaded or otherwise distributed by you through use of the Website will infringe or otherwise conflict with the rights of any third party.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Updates, Availability, Errors and Inaccuracies

We may from time to time release bug fixes, updates, upgrades and other modifications in order to add more features and to improve the performance of the Website (“Updates”). We shall notify you from time to time with respect to major Updates. The Updates shall be subject to the terms and conditions of the Terms of Use. In some cases installing the Updates might be a condition to continuing using the Website.

We are constantly updating our product and service offerings on the Service. We may occasionally experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules shall apply.

Limitations of Use

Without derogating from any of the terms and conditions herein, you undertake to act in accordance with the following terms in relation to the Website:

• You undertake to refrain from using the Website in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by these Terms or the Privacy Policy.
• You undertake to use the Website in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by these Terms.
• You undertake to refrain from making any alteration, modification or changes to the Website, interfering with the Website design, source code or any element of the Website and from inappropriately using the intellectual property rights of any third party;
• You undertake to refrain from Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to the server of SeatServe, Inc., or to any of the services offered on or through the Website, by hacking, password “mining”, or any other illegitimate means;
• You undertake to refrain from using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy reverse engineer, disassemble, monitor, decompile or otherwise attempt to discover any portion of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
• You undertake to refrain from probing, scanning or testing the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
• You undertake to refrain from using the Website to distribute copy, reproduce, transmit, publicly display, publish, edit or create derivative works from any content that contains pornographic material, violent expressions, defamation, slander and hate speech, bullying and harassment including content that directly attacks people or shaming them based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases;
• You have examined, before using the Website, and ensured that the Website is suitable for your needs, and you waive any claim with respect to the Website not being fit for your needs.
• You are solely responsible to verify before using the Website the condition of your internet connection – we shall not bear any responsibility for damage that may be caused due to your internet connection problems.
• You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.

We reserves the right to prevent a user who has violated any provision of these Terms from using the Website.

By accessing the Website through your cell phone, you acknowledge that the availability of the Services is depended on your mobile device and your mobile device’s carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by the Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of the Carrier. We shall not bear any responsibility for damage that you may incur due to the Carrier’s connection failure or mobile device problems.

Intellectual Property

The Service, the Website and their original content, features and functionality are and shall remain the exclusive property of SeatServe, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and in the foreign countries where our Service is made available. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SeatServe, Inc.

Your possession, access, and use of the Website do not constitute as a transfer to you or any third party of any rights, title, or interest in or to such intellectual property rights. SeatServe, Inc and its affiliates and licensors and suppliers reserve all rights not granted explicitly in the Terms of Use.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by SeatServe, Inc.

SeatServe, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SeatServe, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless SeatServe, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation of Liability

In no event shall SeatServe, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

This limitation of liability is part of the basis of the bargain between you and SeatServe, Inc and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if SeatServe, Inc or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and SeatServe, Inc, and are fundamental elements of the bargain between you and SeatServe, Inc, and that SeatServe, Inc liability will be limited to the maximum extent permitted by law.

Privacy

Our current privacy policy for the Website is available at our Website (the “Privacy Policy“), which is incorporated by this reference. We strongly recommends that you review the Privacy Policy closely.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SeatServe, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to the terms of use.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law and Disputes

These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration. Either party may initiate arbitration by making demand on the other party by written notice. There shall be one arbitrator to be mutually agreed upon by the parties and to be selected from the Judicial Panel of the Center for Public Resources. The parties shall be entitled to discover all documents and information reasonably necessary for a full understanding of any legitimate issue raised in the arbitration. They may use all methods of discovery including but not limited to depositions, requests for admissions and requests for production of documents. The time periods for compliance shall be set by the arbitrator who may also set reasonable limits on the scope of such discovery. The proceeding shall be confidential and the arbitrator shall issue appropriate protective orders to safeguard both parties’ confidential information. The arbitrator shall, in rendering its decision, apply the substantive law of the State of New York. Except as specifically provided for in this Section, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration association and shall take place in New York, New York, United States. The arbitrator shall have authority to determine who shall pay costs and expenses, including without limitation reasonable attorneys’ fees and arbitrator’s fees, it being the intent of the parties that the prevailing party in any action shall be entitled to recover the cost of such action, including without limitation reasonable attorney’s fees, incurred as a result of such action.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide a notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].