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Terms of Service


Last Updated: May 4, 2020

 

These Terms of Service (“Terms”) are an agreement between you and Seated Technologies, Inc. (“Seated,” “we,” “us,” or “our”), the owner and operator of the Seated mobile application (“App”), related website available at http://www.seatedapp.io and associated services (collectively, the “Service”). These Terms apply to your access and use of any part of the Service. If you do not wish to be bound by these Terms, do not use any part of the Service. Capitalized words used in the Terms have the definitions ascribed to them in these Terms.

 

THESE TERMS INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST SEATED; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST SEATED THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE.

 

1. About the Service

 

  1. Eligibility. You must be at least 18 years old to use the Service. By using any part of the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms.

  2. Employee Restrictions. If you render services to any restaurant or hospitality group (“Affiliated Establishment”) as an employee or independent contractor, neither you, nor any person with whom you are dining, may use the Service in connection with, or receive any Rewards for, dining at the Affiliated Establishment(s).

  3. Access. Use of the Service requires a compatible mobile device and requires Internet access. Your ability to use the Service may be affected by the performance of these items. You acknowledge and agree that compliance with all such system requirements, which may be changed from time to time, are your responsibility. Your mobile carrier’s standard charges, data rates and other fees may apply. You agree to always use the most recent version of the Service made available by Seated.

  4. Privacy Policy. Our privacy practices are described in our Privacy Policy. Please review the Privacy Policy, it controls: (a) what information we may collect about you; (b) how we use that information; (c) what information, if any, you are agreeing to share with third parties; (d) with whom we share your information; and (e) your privacy options.

  5. Forfeiture of Rewards. Provided you do not breach these Terms, any Rewards that have been credited to your account will remain in your account for so long as you are actively using the App. Your Rewards may automatically expire and be removed from your account if you fail to do either of the following during any ninety (90) day period: (i) make a booking through the App and have your purchase receipt verified by Seated; or (ii) redeem any of your Rewards for gift cards, service rewards or unique experiences. If Rewards are removed from your account, expired Rewards will not be replaced.

 

2. Registration

 

To use the Service, you must register for an account (“Account”) by providing your personal mobile telephone number, your legal name (full first and last names) and your email address. You may not register with a virtual or V.O.I.P. number (e.g., Google Voice, Line 2, etc.). You may also register by linking your Facebook® account. We will send a verification code to your mobile device to confirm your identity. After entering the verification code, you will be asked to enter a password. You agree to take all reasonable precautions to protect your password and your Account and notify us at support@seatedapp.io of any breach of security or unauthorized use of your Account. Each Account requires a user’s legal name, unique mobile number linked to a mobile carrier’s activated SIM card and a unique mobile device. You may only have one active Account regardless of how many mobile phone numbers or devices you have. You may only have one mobile device linked to your account.

 

3. License to Use the Service; Ownership

 

  1. License. Subject to your compliance with these Terms, Seated grants you a limited, non-exclusive, non-transferable license to access and use the Service during the term of these Terms solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned, sub-licensed or otherwise transferred to anyone else.

  2. Restrictions. You agree that you will not: (i) reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service or any part thereof; (ii) take any measures to interfere with or damage the Service or any part thereof.

  3. Ownership. You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service or any other Seated products or services, or any modifications or derivative works of any of the foregoing. The Service is licensed, not sold, to you and is owned by Seated and its licensors. Except as expressly set forth herein, Seated reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other Seated products and services. You agree not to obscure, alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service.

  4. Apple App Store Terms. The following terms and conditions apply to you only if you acquired the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply. You acknowledge and agree that these Terms are solely between you and Seated, not Apple, and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and/or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price, if any, paid by you for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Seated acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Seated acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Seated, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with any applicable third-party terms of agreement when using the App. You and Seated acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce these Terms against you.

  5. Mobile Software from Google Play Store. If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of any App. Seated and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Seated or you (or any other user) under these Terms or the Google Play Terms.

 

4. Consent to Communication

 

  1. Communication Methods. By using the Service, you agree that we and our partners may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. Communication will be made primarily through the use of text messages and/or so-called “short codes” to the mobile phone number used to register your Account. We, and our partners, may also contact you through your email address. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent to receiving electronic notices, please notify us at support@seatedapp.io.

  2. Messaging Rates. Seated does not currently charge a fee to use the Service, but any text messages and or short codes sent and/or received may be subject to standard text messaging rates that may be imposed by your mobile carrier. Additionally, text messages and/or short codes sent and/or received may count towards any monthly quota your mobile carrier may have, as applicable. Please be aware that texting charges can fluctuate internationally. Text messaging and short code rates can normally be found by asking your mobile carrier.

  3. Surveys. By using the Service, you agree that we may contact you via telephone, text or email for the purpose of requesting your participation in surveys regarding the Service. To withdraw your consent to receiving survey participation requests, please notify us at support@seatedapp.io.

  4. Short Codes. Seated’s short code number is 44501.

    1. When you opt in to Seated’s short code service Seated will send you an SMS (text) message to confirm your signup.

    2. You can cancel the short code service at any time. Just text "STOP" to 44501. After you send the text message "STOP" to us, Seated will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS marketing messages from Seated. We may still provide you with SMS reminders about upcoming or recent reservations or to upload a receipt to get your Rewards.

    3. If you want to join again, just sign up as you did the first time and Seated will start sending SMS messages to you again.

    4. If at any time you forget what keywords are supported, just text "HELP" to the 44501. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

    5. Seated is able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

      Mobile phone carriers are not liable for delayed or undelivered messages.

    6. Message and data rates may apply for any messages sent to you from us and to us from you. The frequency of messages will vary. You will receive a message when you submit your dining receipt and another message after it has been reviewed by Seated. In addition, we will send you messages to advise you of promotions and other specials. The frequency of such messages will vary. If you have any questions about your text plan or data plan, contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@seatedapp.io.

    7. If you have any questions regarding privacy, please read our Privacy Policy.

 

5. Content, Feedback and Use Restrictions

 

  1. Your Content. You may post reviews and give restaurants at which you dine 1 to 5-star reviews on our site. Your review will be posted with your first name. In the future, we may offer you the opportunity to post other information or materials. You are solely responsible for the content, information, images, videos and text (“Content”) that you post, upload, transmit, publish or display on or through the Service (“post”), or transmit to other users. You agree that you will not provide inaccurate, misleading or false information to Seated or to any other user. If information provided to Seated or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You agree that you will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Without limiting the previous sentence, you may not post any Content or use the Service in any way that:

    1. is patently offensive, such as posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    2. intimidates, threatens, or otherwise harasses other users of the Service or Seated employees and contractors, or advocates harassment of another person;

    3. is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    4. exploits people of any age in a sexual or violent manner, or attempts to collect personal information about any other user of the Service or any third party without such user or third party’s informed consent;

    5. contains sexually explicit Content;

    6. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

    7. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

    8. uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

    9. promotes illegal or unauthorized copying of another person’s copyrighted work, such as, by way of example only, providing pirated computer programs or links to them, providing information to circumvent copy-protection devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

    10. contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code;

    11. solicits personally identifiable information for commercial or unlawful purposes from other users;

    12. engages in commercial activities and/or sales including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes;

      or

    13. infringes any third party’s copyrights or other rights (including but not limited to other intellectual property rights and privacy rights).

  2. Feedback. You agree that any suggestions, comments, ideas, corrections, improvements, feedback or other information you provide Seated (collectively, “Feedback”) shall be the sole and exclusive property of Seated and you hereby assign, for no additional consideration, all of your rights, title and interest in and to such Feedback to Seated. Seated is free to use, disclose, reproduce, license and otherwise distribute the Feedback, in connection with any product or service, including the Service, without any obligations or restrictions of any kind to you.

  3. Code of Conduct. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. Seated has the right, but not the obligation, to monitor and remove any Content submitted to the Service.

  4. License to Your Content. When you post, link or otherwise make available Content on the Service, you grant Seated a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, and otherwise exploit such Content throughout the world in any manner or media, on or off the Service without payment to you of any further consideration.

  5. Representations and Warranties. You represent and warrant that: (a) you have the right to submit all Content and Feedback to Seated and grant the licenses set forth in these Terms; (b) Seated will not need to obtain licenses from any third party or pay royalties to any third party to use the Content and Feedback in accordance with these Terms; (c) the Content and Feedback do not infringe any third party’s rights, including but not limited to intellectual property rights and privacy rights; and (d) the Content and Feedback comply with these Terms and all applicable laws.

 

6. Bookings and Rewards

 

  1. Activities. The following section applies to restaurant reservations you make through the Service, how you can earn Rewards by dining at, or ordering take-out or delivery from, a participating restaurant, and how you can redeem those Rewards for gift cards, service credits, merchandise or unique experiences. You acknowledge that additional terms and conditions may apply with respect to each individual restaurant and Reward (such as the times and dates reservations or Rewards are available, the amount of Rewards you can earn by dining, age restrictions, etc.). The additional terms and conditions will be displayed to you in the App when you select a restaurant or view a Reward, or on the website of a participating restaurant when you order take-out or delivery from a referral obtained through the Service or through a Seated “widget” located on the restaurant’s website. Booking a reservation, ordering take-out or delivery, or redeeming Rewards, is your consent and agreement to these additional terms and conditions.

  2. Bookings. The Service acts as a concierge for booking reservations at participating restaurants. While we will use our reasonable commercial efforts to book your desired reservation, we cannot guarantee that the booking will be successful. When you ask for a reservation through the Service, the App will respond by asking you to select one of the following reservation types:

    1. Confirm Reservation - we are confident we will be able to secure your selected restaurant at your requested date and time (although in some cases the App may reply that we were unable to successfully make the reservation, in which case we will continue to attempt to book a reservation for a reasonable period of time)

    2. Request Reservation - we will attempt to secure your booking, but there is a possibility that the restaurant will be unable to accommodate your reservation. The App will notify you to tell you if we were successful or not.

      For more information about bookings made through the Service, please go to our Frequently Asked Questions at https://www.seatedapp.io/faq.

  3. Walk-In. If you wish to go to a participating restaurant and have not booked a reservation in advance, you can click the “Walk-In” option on the App, if that option is available for that restaurant. If the restaurant has availability and seats you, you qualify to earn Rewards for your meal. You may not use the Walk-In option or attempt to make a reservation at a restaurant after you arrive at such restaurant.

  4. Invitations. If you would like to invite others to join you for a meal, we will provide you with a sample message that you can send through your own email, social media or chat. You acknowledge and agree that, as between you and Seated, you are solely responsible for such messages, and you represent and warrant that all such invitees have consented to receiving such messages. Seated will not be responsible or liable for any damages of any kind incurred as a result of such messages.

  5. Cancellations. Seated strives to make the user experience convenient and flexible, while also protecting the interests of our restaurant partners. If you are unable to fulfill your reservation, you can modify or cancel your Seated reservation through the App at any time up to 15 minutes before your reservation time (the “Change Window”). If you do not cancel within the Change Window, you will be considered a No-Show. If you are a No-Show, you will not earn any Rewards for that reservation and Seated reserves the right to suspend, disable, or delete your Account. You may also be liable for any No-Show fees charged by the restaurant or by Seated, and Seated reserves the right to reduce the Rewards in your Seated account by an amount equal to the restaurants’ cancellation or No-Show fees until your Seated Rewards account balance is zero. If some members of your party can’t make the reservation, or additional people participate in the reservation with you, and you don’t modify your reservation through the App within the Change Window, we reserve the right to deny any Rewards for that reservation unless the number of people that actually dine at the restaurant is the same as the number of people in the reservation.

  6. Dining Rewards. You can earn rewards in the form of Seated Dollars (“Rewards”) by (1) booking an available reservation on the App, by clicking “Walk-In” when dining at a participating restaurant without a reservation, or by ordering take-out or delivery (where available) and (2) then uploading a photo of your payment receipt through the App for Seated verification. You may submit the itemized restaurant receipt, the restaurant credit card receipt, or may be required to submit both. All purchase receipts must be submitted to Seated within seven (7) days of dining. The amount of Seated Dollars you can earn (expressed as a percentage of the amount you spend), will be stated in the App at the time you book your reservation, click “Walk-In,” or are referred to the website of a restaurant to order take-out or delivery or order through a Seated “widget” on a restaurant’s website (where available). Rewards are based on the total amount shown on the receipt submitted, excluding tax, gratuities, parking and delivery fees.

    1. To receive Rewards for dining at a restaurant, the reservation must be booked using the Seated App only and not by reserving through the restaurant directly or by using another restaurant reservation app or service. You must also attend the restaurant at your confirmed reservation time with the same number of people in your party as are in the reservation you made using the App. You will not receive Rewards if you book reservations both through the App and through a third-party booking platform. You will also not receive Rewards if you book two reservations for the same restaurant within an overlapping time window, with one reservation made through Seated and the second reservation made directly with the restaurant. Rewards are earned for dine-in only and are not earned for meals to go (other than as described below for take-out and delivery, where available). Rewards will be awarded only to the Seated account holder that booked the reservation. You may split or pay for your bill however you like.

    2. To receive Rewards for ordering take-out or delivery at a restaurant identified in the Seated App as participating in our take-out and delivery program (Seated at Home), you must access a referral from our App to the participating restaurant or use the Seated “widget” on a restaurant’s website and then order through the restaurant’s direct online ordering website as directed. Rewards won’t be awarded for orders placed through third-party delivery or ordering services.

  7. Promotional Rewards. You can earn Rewards through the Seated Referral Program and other promotional incentives offered from time to time. Seated reserves the right to determine the amount and frequency of all promotional incentives, including the right to change or terminate the “Partner Status” promotional program. For promotional incentive Rewards, you may be required to meet a minimum total receipt amount (excluding tax, gratuities and parking) or other criteria.

  8. Redeeming Rewards. You can redeem your Rewards for gift cards, service credits or merchandise (each, an “Everyday Purchase”), or unique experiences (each, an “Experience”) by going to the Seated Store tab in the App to view the Rewards balance in your wallet and selecting the Everyday Purchase or Experience you desire in exchange for your Rewards. Once redeemed, the Rewards will be withdrawn from your wallet and a redemption code will appear in the App. Redeeming Rewards for certain Everyday Purchases or Experiences may require you to agree to additional terms and conditions that are established by the applicable provider or sponsor. Any additional terms and conditions will be presented to you in the App and you must agree to them before you can redeem your Rewards for that Everyday Purchase or Experience. Seated Dollars are for use only in the App and have no cash value or other value outside of the App.

  9. Use of Experiences. If you redeem your Rewards for an Experience, the additional terms and conditions stated in this paragraph also apply. Experiences are not redeemable (in whole or in part) for cash and have no cash value except as required by applicable law. Experiences are non-transferable without notice to and consent by Seated or the sponsor of the Experience. No resale of any Experience is permitted unless the right to resell is required by applicable law. Experiences may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit except as required by applicable law. Experiences are subject to any terms or conditions imposed by the sponsor of the Experience. All restaurant Experiences are valid for dine-in only unless the Experience provides otherwise. Any attempted redemption of an Experience in violation of these Terms may result in the forfeiture of the Experience and/or the Rewards used to purchase the Experience.

  10. Breaches. If we, in our sole discretion, determine that you, acting alone or with others have committed any of the following (“Breaches”): (1) accrued Rewards by claiming credit for reservations, “walk in” meals, or take-out or delivery orders that did not occur or that were not made in full compliance with these Terms; (2) claimed Rewards for reservations booked through a booking platform other than the Service; (3) are or have engaged in any fraud, abuse or misuse in connection with earning or redeeming Rewards; or (4) that you are attempting or have attempted to do any of the foregoing, we may do any or all of the following:

    1. Remove any Rewards in your Account;

    2. Temporarily suspend your ability to earn and/or redeem Rewards;

    3. Terminate your Account;

    4. Request a refund for redeemed Rewards or Experiences;

      and/or

    5. Take any legal or other actions we deem necessary or appropriate.

 

7. Termination

 

  1. Seated reserves the right to suspend, disable or delete Accounts, and/or your ability to access the Service (or any part of the Service), and/or delete any Rewards in your digital wallet at any time for any reason whatsoever, including but not limited to, the following reasons: Breaches of these Terms or our Community Guidelines by you or others acting with you; you do not arrive at a restaurant at the appointed reservation time and fail to cancel or modify the reservation pursuant to these Terms; or you act in a manner that the restaurant or Seated deems improper or disruptive.

  2. If you commit a Breach or otherwise violate these Terms, all licenses granted to you by Seated, including permission to use the Service, will terminate automatically. Additionally, Seated may suspend, disable, or delete your Account and/or your ability to access the Service (or any part of the Service), and/or delete any Rewards, with or without notice, for any or no reason. If Seated deletes your Account for any suspected Breach of these Terms by you, you are prohibited from re-registering for the Service whether you use the same or a different name or mobile telephone number.

  3. You may cease use of the Service at any time. We do not automatically delete your Account information so you may easily rejoin the Service. If you want Seated to delete your Account information, you must email us at support@seatedapp.io.

    Seated reserves the right to maintain any user information it determines is necessary to comply with applicable laws or as part of its data retention practices.

  4. All provisions of these Terms, which by their nature should survive the termination of these Terms, shall continue in full force and effect subsequent to and notwithstanding any termination of the Terms by Seated or you. In the event of Account deletion for any reason, Seated may, but is not obligated to, delete any of your Content (as defined in Section 5). Seated shall not be responsible for the deletion of (or failure to delete) such Content.

 

8. Third Party Rights; DMCA

 

  1. DMCA. Seated respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the Content they post to Seated does not infringe any third-party copyright. Seated will promptly remove infringing Content in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Seated may terminate the Accounts of repeat copyright infringers.

  2. DMCA Takedown Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

    1. Your name, address, telephone number, and email address (if any);

    2. A description of the copyrighted work that you claim has been infringed;

    3. A description of where the material that you claim is infringing is located on Seated, sufficient for Seated to locate the material;

    4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

    5. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf;

    6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

    You may submit this information via email to legal@seatedapp.io or by mail to our Copyright Agent (see Section 9.h. below).

  3. DMCA Counter-notification. If you believe that your material has been removed by mistake or misidentification, please provide Seated with a written counter-notification containing the following information:

    1. Your name, address, and telephone number;

    2. A description of the material that was removed and the location where it previously appeared;

    3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

    4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Seated may be found (which includes the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person;

    5. Your electronic or physical signature.

    You may submit this information via email to legal@seatedapp.io or by mail to Seated’s Copyright Agent (see Section 9.h below).

  4. Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.

  5. Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the foregoing requirements, your notification or counter-notification may not be processed.

  6. In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

  7. If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act for more information.

  8. Copyright Agent. Send DMCA notices, DMCA counter-notifications, or any inquiries concerning intellectual property to Seated’s Copyright Agent:

      Seated Technologies, Inc.

      Attn: Sam Hamilton

      36 West 20th Street, 9th Floor

      New York, NY 10011

      Department – Copyright Agent

      Email: legal@seatedapp.io

 

9. Indemnification

 

You agree to indemnify and hold harmless Seated, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, suppliers, independent contractors, advertisers, partners and co-branders from any loss, damages, or costs, including without limitation reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of or access to the Service, your violation of any third party’s proprietary or other rights, or breach of these Terms. You further agree to indemnify Seated for all costs and expenses that Seated incurs in the event that you commit a Breach of these Terms or the terms of any other agreement with Seated.

 

10. Disclaimer of Warranties; Limitation of Liability

 

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT SEATED IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION BY ANY USER OF THE SERVICE, WHETHER ON OR OFF THE SERVICE. SEATED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICE, CONTENT AND THE CONDUCT OF USERS OF THE SERVICE.

  2. SEATED HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT (AS DEFINED IN SECTION 5) AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SERVICE COMPLIES WITH THESE TERMS OR IS SUITABLE FOR ALL USERS.

  3. SEATED PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICE AT YOUR OWN RISK. SEATED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, SEATED MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICE WILL BE PERMITTED IN YOUR JURISDICTION; (B) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) CONCERNING ANY CONTENT SUBMITTED BY ANY USER; (D) CONCERNING ANY THIRD PARTY’S USE OF CONTENT THAT YOU SUBMIT; (E) THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE SERVICE OR WILL BE STORED BY SEATED; (F) THAT SEATED WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICE; (G) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SERVICE, EVEN IF LINKED TO, FROM OR THROUGH FROM THE SERVICE.

  4. IN NO EVENT WILL SEATED, ITS AFFILIATES AND/OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY OR CLAIM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY RESTAURANTS OR OTHER ESTABLISHMENTS BOOKED OR CONTACTED THROUGH OR IN CONNECTION WITH THE SERVICE, ANY REWARDS OR EXPERIENCES ACQUIRED THROUGH THE SERVICE, ANY WEBSITES LINKED TO THE SERVICE OR ANY CONTENT ON THE SERVICE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

  5. SEATED’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).

  6. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

11. Arbitration and Class Action Waiver

 

  1. nformal Process First. You agree that, in the event of any dispute between you and Seated, you will first contact Seated and make a good faith sustained effort to resolve the dispute before resorting to arbitration under this Section.

  2. Binding Arbitration. Any dispute or claim arising in any way from your use of the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.

  3. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must treat these Terms as a court would.

  4. Arbitrator and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) before a neutral single arbitrator, whose decision will be final and binding. The arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.

  5. Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and the relief requested. Your notice must be sent to legal@seatedapp.io. Seated will send any notice of dispute to you at the contact information we have for you.

  6. Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

  7. Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Seated will pay all other AAA and arbitrator’s fees and expenses.

  8. Individual Basis. To the fullest extent permitted by applicable law, you and Seated each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Seated each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

  9. Limitation Period. In no event shall any claim, action or proceeding by you or Seated be instituted more than one (1) year after the cause of action arose.

  10. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

  11. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Seated each agree to the exclusive jurisdiction of the Federal and State courts located in New York, New York, and you and Seated each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any applicable dispute or claim.

  12. Opting Out. If you do not want to arbitrate disputes with Seated and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@seatedapp.io within thirty (30) days of the date you first access or use the Service.

 

12. Modification of the Terms

 

You agree that, from time to time, Seated may (in its sole discretion) modify, add or remove any or all parts of these Terms and/or the Service. Seated will post any changed version of these Terms and indicate its effective date at the top of the Terms. Such modifications will be effective immediately upon posting of the modified Terms. Each time you access or use the Service, you should check to see if the Terms or Privacy Policy has changed. Whether you do so or not, the Terms and Privacy Policy in effect at each time you access or use the Service will apply at such time. If we make any material changes, we will use commercially reasonable efforts to notify you by means of a notice on the Service. Your continued use or access of the Service following the posting of changes to these Terms indicates your acceptance of those changes.

 

13. Miscellaneous

 

  1. These Terms are the complete and exclusive agreement between you and Seated with respect to the subject matter of these Terms, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties, and all other communications between you and Seated with respect to the subject matter of these terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Seated without restriction. These Terms may not be deemed modified, explained or supplemented by any prior course of dealings or trade by custom or usage. These Terms shall be governed by the laws of the State of New York, notwithstanding any principles of conflicts of law. The section headings used in these Terms are for convenience only and will not affect the interpretation of these Terms. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.

 

14. Questions

 

Any questions, complaints or claims with respect to the Service should be directed to:

    Seated Technologies, Inc.
    Attn: Finance Department
    36 West 20th Street
    New York, NY 10011
    Email: legal@seatedapp.io