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Terms of Service

If you have any questions, feel free to contact us at contact@seatcycle.com.

 

Thank you for selecting SeatCycle. By using our software, subscription service and/or our website, you agree to comply with our Terms of Service, as stated herein. The software we license to you and the users in your business or organization is referred to as the “Service”.

 

I. BASIC TERMS 

Your use of this Service is an unconditional acceptance of our Terms of Service.  You may only use the Services if you have the legal capacity to enter into contracts for yourself or for your organization. You are required to provide current and accurate information as part of our account registration process. We reserve the right to change or modify our Terms of Service at any time without prior notice; however, we will post any new Terms of Service on our website.

 

All users must be 18 years or older to use this Service.  You may not use this Service for any illegal or unauthorized purposes, such as violating third party copyrights. For services that send automatic calls and/or text messages (e.g. event reminders), obtain prior documented consent from the consumer as specified in the Telephone Consumer Protection Act (TCPA). You are responsible for your account, user activities, and posted content.

 

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, SeatCycle may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for SeatCycle granting you access to and use of the Services, you agree that SeatCycle, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

 

II. PRIVACY

Any information that you provide to SeatCycle is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SeatCycle. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your SeatCycle account, which you may not be able to opt-out from receiving.

 

III. PASSWORDS

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your SeatCycle account.  SeatCycle cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.  You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

IV. BILLING TERMS

A valid credit card or bank account is required for all paying accounts. We will bill you for this Service on a pre-determined basis which is non-refundable. Customer must cancel the account prior to the next billing date to avoid billing of the next period’s amount. There will be no refunds or credits allowed. We will not offer a refund because the service was not used. Billing discrepancies must be reported within two billing cycles.

 

Our monthly and annual fees are exclusive of taxes or levies imposed by taxing authorities. You are responsible for payment of all such taxes or levies imposed on you as an account holder.

 

Cancellation

After receiving your cancellation notice your account will be closed and your users will no longer have access to the content or services. The content will be destroyed approximately 30 days later to allow time for the final billing and reconsiderations. Alternatively, you may request us to retain your content in storage or to delay the date when the content will be destroyed. Once the content is destroyed it cannot be recovered. We will not be liable for any loss resulting from cancellation.

 

Prices

Prices of all Services, including but not limited to monthly fees, are subject to change upon 30 days’ notice. Such notice will be posted to our website or the Services. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

 

V. CONTENT

By posting Content on or through the Services, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 

You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Services, you grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.  You agree that this license includes the right for us to make your Content available to other Users of the Services, who may also use your Content subject to these Terms.

 

SeatCycle has the right but not the obligation to monitor and edit all Content provided by Users.

 

VI. SEATCYCLE RIGHTS

All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of SeatCycle and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. SeatCycle reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding SeatCycle, User Content or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

VII.  RESTRICTIONS ON USE OF THE SERVICES

We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.

 

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SeatCycle’s computer systems, or the technical delivery systems of SeatCycle providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SeatCycle (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SeatCycle (NOTE: scraping the Services without the prior consent of SeatCycle is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

 

You agree not to post any Content on the Services that:

 

  • Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

  • Is defamatory, indecent, hateful, racist, xenophobic, homophobic, sexist, sexual in nature, disgraceful, vulgar or otherwise inappropriate;

  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;

  • Is a direct and specific threat of violence to others;

  • Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;

  • Is furtherance of illegal activities; or

  • Is abusive, or constitutes spam.

 

VIII. ENDING THESE TERMS

The Terms will continue to apply until terminated by either you or SeatCycle as follows.

 

You may end your legal agreement with SeatCycle at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at contact@seatcycle.com. 

 

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

 

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.

 

Nothing in this section shall affect SeatCycle 's rights to change, limit or stop the provision of the Services without prior notice, as provided above.

 

IX. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY 

Please read this section carefully since it limits the liability of SeatCycle and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “SeatCycle Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

 

A. The Services are Available “AS-IS”

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE SEATCYCLE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

The SeatCycle Entities make no warranty and disclaim all responsibility and liability for: (i)  the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) any advice or information you receive through the Services; and (vi) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the SeatCycle Entities or through the Services, will create any warranty not expressly made herein.

 

B. Links

The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the SeatCycle Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

 

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SEATCYCLE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SEATCYCLE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SEATCYCLE, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.

 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SEATCYCLE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

D. Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the SeatCycle Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any Content you upload to the Services, including without limitation, any allegation that your Content violates any privacy, publicity or intellectual property rights of any third party; (2) your failure to comply with the Terms; (3) your interactions with any other SeatCycle user; and (4) any activity in which you engage on or through the Services.

X. GENERAL TERMS. Waiver and Severability

The failure of SeatCycle to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

A. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Franklin County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum

B. Assignment

We may assign these Terms of Service to the surviving entity in a sale, merger or reorganization, or to any purchaser of all or substantially all of the assets of the business to which these Terms of Service relates, or to any affiliate of such entity. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefits of the parties to these Terms of Service and their respective heirs, legal representatives, successors and permitted assigns.

 

C. Entire Agreement

These Terms and our Privacy Policy and any applicable are the entire and exclusive agreement between SeatCycle and you regarding the Services (excluding any service for which you have a separate agreement with SeatCycle that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between SeatCycle and you regarding the Services.

 

We may revise these Terms from time to time, the most current version will always be at https://www.seatcycle.com/. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section IX above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

If you have any questions about these Terms, please contact us at contact@seatcycle.com.

 

Effective: 08/01/2019

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