TERMS OF SERVICE

 

Last Updated: October 22, 2019

 

These Terms of Service (“Terms”) are an agreement between you and Seated Technologies, Inc. (“Seated,” “we,” or “us”), the owner and operator of the Seated mobile application (“App”), related website available at http://www.seatedapp.io and related 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.

 

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

 

  1. About the Service

    1. Eligibility. You must be at least 13 years old to use the Service. Children under 18 years of age but at least 13 years of age may access and use the Service under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Service in violation of these Terms, including all legal liability he or she may incur. 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. If you use any part of the Service, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

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

    3. Privacy Policy. Our privacy practices are described in our Privacy Policy. Please review the Privacy Policy to learn about: (a) what information we may collect about you; (b) what we use that information for; (c) what third-party information, if any, you are agreeing to share by using the Service; and (d) with whom we share that information.

  2. Registration and Invitations

    1. Registration. To use the Service, you must register for an account (“Account”) by providing your mobile device’s telephone number, your name and email address. You must also provide us access to your mobile device’s address book. You may also upload a profile picture. By creating an Account, you expressly acknowledge and agree that we may periodically access your address book to update information about your contacts, as described in our Privacy Policy, and we may share your name, location (if made available to us), and profile picture (if you choose to set one) with other users of the Service. You agree to take all reasonable precautions to protect your Account and notify us at support@seatedapp.io of any breach of security or unauthorized use of your mobile phone or Account. Each Account requires a unique mobile number, so you are only eligible to have one active account.

    2. Facebook. In order to use Seated, you must have or create a Facebook account and sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Seated users. By using Seated you authorize us to inform your Facebook friends via push notifications of any activities you experience with the Seated application. This activity includes but is not limited to the following actions: any and all downloads of Seated, any and all bookings through Seated, any and all reviews that are posted in Seated, and any and all photos uploaded to Seated. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

    3. Invitations. If you invite others to join a group or activity on the Service, those invitees may receive a text message notifying them of your invitation. 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 receive such messages. Seated will not be responsible or liable for any damages of any kind incurred as a result of such messages.

  3. License to Use the Service; Ownership

    1. License. Subject to your compliance with these Terms, Seated grants to 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 or sub licensed to anyone else.

    2. Restrictions. You will not 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. You will not 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 shall not obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service.

    4. 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 right, title and interest in and to such Feedback to Seated. Seated will be free to use, disclose, reproduce, license and otherwise distribute the Feedback, including but not limited to in connection with any product or service, without any obligations or restrictions of any kind.

    5. Apple App Store Terms. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Service 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, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms of Service are solely between you and Seated, not Apple, and that Apple has no responsibility for the App or 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 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 the purchase price, if any, for the App to you; 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 of Service. 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 of Service. You must comply with 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 of Service as they relate to your license of the App, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

    6. 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 which 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 Agreements, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. 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 of Service or the Google Play Terms.

 

  1. 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 use of text messages 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 from receiving electronic notice, please notify us at support@seatedapp.io.

    2. Messaging Rates. Seated does not currently charge a fee for use of the Service, but any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages sent and/or received may count towards any monthly quota, as applicable. Any users, whether sending or receiving text messages in connection with the Service, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.

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

  2. Content and Use Restrictions

    1. Your Content. 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 (hereinafter, “post”), or transmit to other users. 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 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 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 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 under the age of 18 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. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

      9. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect 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. 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. You will only send messages via the Service to people who have expressly agreed to receive such messages from you. Seated, has the right, but not the obligation, to monitor all conduct on and Content submitted to the Service.

    3. License to Your Content. When you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, 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.

  3. PROMOTIONAL ACTIVITIES

    1. The following terms and conditions apply to any promotional activity (“Activity”) offered by a participating merchant or vendor (“Vendor”) and purchased through the Service, except as otherwise required by law. You acknowledge and agree that participating in any particular Activity may require agreeing to Vendor terms and conditions that are required to participate in such Activity. All persons purchasing, accepting, using or attempting to use any Activity (each, a “Customer”) agree to these terms and conditions.

    2. The Service acts as a concierge for booking any and all Activities on the platform. The Service does not assume any responsibility or guarantee any individual Activity. The Service is not a reservation platform. While we will use our best efforts to book the Activity you request, we cannot guarantee that the booking will be successful or honored by the applicable Vendor. All Activities are booked on the behalf of yourself and other users of the Service.

    3. Activities are transferable without notice to Seated or Vendor. No resale of Activities is permitted unless such resale is permitted pursuant to applicable law. Activities are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. If cash redemption is required by applicable law, the Customer will only be entitled to cash redemption based on the amount paid by the Customer to Seated for the Activity, not the actual or retail cost from the Vendor. Activities may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to Vendor except as required by applicable law. Limit one Activity per person per visit or purchase. Activities are subject to any limitations stated with respect to the Activity by Seated or the Vendor. The issuance of any credits for the Activities are at the sole discretion of the Vendor except as required by applicable law. All restaurant Activities are valid for dine-in only unless otherwise the Activity provides otherwise. Activities may not be used for alcohol, tips or gratuities or other fees except as expressly provided on the Activity or as allowed by the Vendor and as permitted by applicable law. Unless otherwise stated or disclosed in connection with the purchase of the Activity by Customer, the Activity price does not include sales, value added or use taxes, which may be charged to you separately by the Vendor at the time you redeem the Activity. Any attempted redemption of a Activity in violation of these Terms will render the Activity void.

    4. Cancellations. Seated strives to make our user experience convenient and flexible, while also protecting the interests of our partners and venues. We understand that things come up, and when they do you can cancel your Seated reservation before the Activity expires by contacting our SMS support system at 617-500-0852 or emailing us at support@seatedapp.io. If a customer does not cancel before the Activity expires, the customer will be considered a No-Show. In the event of a No-Show, Seated reserves the right to suspend, disable, or delete your Account.

    5. Restaurant Owners. If you are a restaurant owner or operator and would like information about the Service, or if you’d like to request your restaurant to be featured on the Service (or removed from the Service), please contact us at support@seatedapp.io.

    6. Plaid Technologies. We have partnered with Plaid Technologies in order to allow for dynamic rewards based on the amount of money spent for some of the promotional activities offered on the platform.

      1. IN NO EVENT WILL SEATED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO PLAID TECHNOLOGIES, OR ANY USE OF PLAID TECHNOLOGIES BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM LYFT. In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, SEATED’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

      2. The use of Plaid is subject to Plaid Technologies’ Legal Terms, which can be found here: https://plaid.com/legal/.

    7. LYFT Credit

      1. You may receive Lyft Credit as a result of using Seated. IN NO EVENT WILL SEATED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO LYFT CREDIT, OR ANY USE OF LYFT BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM LYFT. In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, SEATED’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

      2. Lyft Credit is subject to Lyft's Terms and Conditions for gift cards, which is as follows:

By using this gift card, you accept the following terms and conditions: This card is redeemable via the Lyft® app and can be used in U.S. cities where Lyft is available. The card is non-reloadable and, except where required by law, cannot be redeemed for cash, refunded, or returned. You may be required to add a secondary payment method to use this gift card with the Lyft app. The card is not redeemable outside the U.S. Issuer is not responsible for lost or stolen cards, or unauthorized use. For full terms and conditions and customer service, visit https://www.lyft.com/terms.

 

If you have concerns, please contact customer service at 844-324-2346 or https://help.lyft.com

©2016 Lyft, Inc. All rights reserved.

Please treat this gift card like cash and safeguard it accordingly.

7. Amazon Credit

  1. You may receive Amazon Credit as a result of using Seated. IN NO EVENT WILL SEATED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO AMAZON CREDIT, OR ANY USE OF AMAZON BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM AMAZON. In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, SEATED’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  2. Amazon Credit is subject to Amazon’s Terms and Conditions for gift cards, which is as follows:

Gift Cards; Amazon.com Balance; Redemption. Amazon.com Gift Cards are issued by ACI Gift Cards, Inc., a Washington corporation, and include Amazon.com Gift Cards that are automatically added to your Amazon.com Balance when you “reload” your balance, receive an “allowance”, or use an “Amazon Cash” barcode (“Gift Cards”). Your Amazon.com Balance displays the total remaining balance of all Gift Cards that have been applied to your Amazon.com account but not yet applied to a purchase. We may refer to your Amazon.com Balance as your “Amazon Balance”, “Gift Card balance”, or “GC Balance”. To view your Amazon.com Balance, visit Your Account on Amazon.com. Purchases are deducted from your Amazon.com Balance. Any unused Amazon.com Balance will remain associated with your Amazon.com account. If a purchase exceeds your Amazon.com Balance, the remaining amount must be paid with another payment method. Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Amazon.com LLC and its affiliates (including redemption services provided by Amazon Payments, Inc.) on www.amazon.com, or its affiliated websites smile.amazon.com, and whispercast.amazon.com. Redemption of Gift Cards on any affiliated website is subject to change in our sole discretion. If you redeem a Gift Card on whispercast.amazon.com, it may only be used toward the purchase of eligible goods and services on whispercast.amazon.com and any remaining Gift Card balance may only be used for subsequent purchases on whispercast.amazon.com. ACI Gift Cards, Inc. or its affiliates (“we”, “us”, and “our”) may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. Amazon Payments, Inc. may process the redemption of the portion of your Amazon.com Balance used to purchase goods and services sold by third parties on www.amazon.com or any affiliated website on which your Amazon.com Balance may be used.

3. Redeeming Codes. Amazon rewards earned via the Seated App must be entered into the user's Amazon.com account within 45 days. Once entered into amazon, the credit is subject to Amazon.com's policy and will not expire. Codes not entered into Amazon within 45 days will not be eligible to be reviewed by Seated. Seated shall not be liable to replace any code a user claims as invalid or already redeemed beyond 45 days of delivery to a user's Seated account.

 

Limitations. Neither your Amazon.com Balance nor your Gift Cards may be applied to the purchase of products at www.amazon.at, www.amazon.com.au, www.amazon.com.br, www.amazon.ca, www.amazon.cn, www.amazon.de, www.amazon.es, www.amazon.fr, www.amazon.in, www.amazon.it, www.amazon.co.jp, www.amazon.com.mx, www.amazon.nl, www.amazon.co.uk, or any website other than the website(s) listed in Section 1 above. Your Amazon.com Balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Amazon.com Balance may be transferred to another Amazon.com account.

 

Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Amazon.com Balance or any Gift Card is used without your permission.

 

Use of Amazon.com Balance or any Gift Card in Violation of these Terms and Conditions. We reserve the right to void Gift Cards (including as a component of your Amazon.com Balance), close customer accounts, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an Amazon.com account (or your Amazon.com Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

 

Limitation of Liability. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR AMAZON.COM BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Disputes. Any dispute or claim relating in any way to Gift Cards or your Amazon.com Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. 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 follow these terms and conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We and you agree that any dispute resolution proceedings 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 we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

General Terms. The Amazon.com Conditions of Use apply. No fees apply to Gift Cards. When you purchase, receive, or apply a Gift Card to your account, or your Amazon.com Balance to a purchase, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and ACI Gift Cards, Inc. and its affiliates related to your use of a Gift Card or your Amazon.com Balance. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

 

Amazon.com Balance Expiration. The portion of your Amazon.com Balance made up of Gift Cards issued after October 1, 2005 does not expire and may be applied to your Amazon.com account and applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of your Amazon.com Balance made up of any Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005 and the portion of your Amazon.com Balance made up of those Gift Cards expire in accordance with their stated terms.

8. Starbucks Credit

  1. You may receive Starbucks Credit as a result of using Seated. IN NO EVENT WILL SEATED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO STARBUCKS CREDIT, OR ANY USE OF STARBUCKS BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM STARBUCKS. In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, SEATED’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  2. Starbucks Credit is subject to Starbuck’s Terms and Conditions for gift cards, which is as follows:

The Starbucks Card eGift program allows you to purchase and send a virtual Starbucks Card via email. You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, debit card or PayPal account. You will need the email address for the recipient of your Starbucks Card eGift (also known as an “eGift” or “Starbucks eGift Card”) or you can pick from a list of your Facebook friends. You may choose when to have your eGift delivered, either the same day, provided that your form of payment is approved, or at a future date. You authorize us to charge your credit card, debit card or PayPal account at the time you purchase your eGift regardless of the date you choose for delivery.

 

On the requested delivery date, we will send the recipient of your eGift an email notifying them that they have received an eGift from you. He or she will have the option of printing out the eGift and bringing it into a Starbucks store to make a purchase, loading it onto an existing Starbucks Card, or using it online at http://www.starbucksstore.com. The recipient will also have the option to register the eGift for use with Starbucks mobile applications. We will also send you an email confirming receipt of your eGift when the recipient opens the eGift email. An eGift is like any other Starbucks Card and should be treated like cash by the recipient.

 

Each eGift has a unique Starbucks Card number associated with it no matter how many times the email is printed out. We will only give refunds for unused eGifts with the original receipt. If you have any questions or concerns about the status of an eGift, email us at StarbuckseGiftCardSupport@cashstar.comor call 1-800-782-7282.

 

9. Termination

  1. Seated reserves the right to remove users' accounts from Seated at any time for any reason whatsoever, including but not limited to the following reasons: user attempts to accrue rewards by claiming meals that did not happen, user does not arrive to a restaurant at the appointed reservation time and has failed to cancel the reservation, user spends less money at restaurants than an average customer would, and user otherwise acts in a manner that the restaurant deems improper or disruptive.

    1. Any and all redemption efforts are to be considered by Seated, although Seated has no obligation to return any account that has been removed from Seated

  2. If you breach any of the terms of these Terms, all licenses granted by Seated, including permission to use the Service, will terminate automatically. Additionally, Seated may suspend, disable, or delete your Account and/or the Service (or any part of the foregoing) 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 under a different name or with a different mobile telephone number.

  3. You may cease use of the Service at any time. However, we will not automatically delete your Account information in case you decide you would like to rejoin the Service. If you want Seated to delete all of your Account information, including your address book information, you must email us with such request at support@seatedapp.io.

  4. All sections 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 this Agreement 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.

 

 

10.  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.

11. 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 upload to Seated does not infringe any third party copyright. Seated Technologies, Inc. will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Seated Technologies, Inc. may, in appropriate circumstances, 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 Technologies, Inc. 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: support@seatedapp.io or to Seated Technologies, Inc.’s Copyright Agent (see Section 9.8 below).

  1.  

    1. DMCA Counter-notification. If you believe that your material has been removed by mistake or misidentification, please provide Seated Technologies, Inc. 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 Technologies, Inc. may be found (which includes the Suffolk County Superior Court), 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: support@seatedapp.io or to Seated Technologies, Inc.’s Copyright Agent (see Section 9.8 below).

  1.  

    1. 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.

    2. 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 DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.

    3. In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), 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.

    4. 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, 17 U.S.C. § 512(c)(3), 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, 17 U.S.C. § 512(g)(3), for more information.

    5. Seated Technologies, Inc.’s Copyright Agent. You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Seated Technologies, Inc.’s Copyright Agent:

Seated Technologies, Inc.

Blaine Bolus

138 Wooster Street

New York, NY 10012

Department – Copyright Agent

Email: support@seatedapp.io

 

12. 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 proprietary or other rights, or breach of these Terms.

 

13. Disclaimer of Warranties; Limitation of Liability

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR 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 THEREFORE 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 BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE SERVICE, OR ANY USE OF THE SERVICE BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, SEATED’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

14. ARBITRATION AND CLASS ACTION WAIVER.

  1. Informal 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 follow the terms of these Terms as a court would.

  4. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and 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 relief requested. You must send your notice of legal dispute to us at the following address: support@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 Conventions 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 Suffolk County, Massachusetts, and you and Seated each agree to submit to the exercise of personal jurisdiction of such courts for the purposes 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 support@seatedapp.io within thirty (30) days of the first of the date you access or use the Service.

​​

15. 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. To update the Terms, Seated will post the changed version and indicate its effective date at the top of the Terms, as applicable. 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 will indicate your acceptance of those changes.

 

16. 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 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 Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. The section headings used herein 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 will 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.

  2. Questions. Any questions, complaints or claims with respect to the Service should be directed to:
    Seated Technologies, Inc.
    138 Wooster Street
    New York, NY 10012
    Email: support@seatedapp.io

NO TRICKS, JUST TREATS SWEEPSTAKES & OFFICIAL RULES

  1. No Purchase Necessary; Entry Instructions. NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.

    To enter Seated’s No Tricks, Just Treats Sweepstakes (‘Promotion’), do one of the following:

    1. Submit a receipt during the Promotion Period through the Seated app to be entered in the sweepstakes. Any entries that constitute unlawful or fraudulent behavior will be disqualified from the Promotion. By submitting a receipt, entrant is acknowledging and agreeing to these official rules (the “Official Rules”).

    2. Send an email during the Promotion Period (defined below) titled “Enter Me in the No Tricks, Just Treats Sweepstakes” with your name, address and email address to: sweepstakes@seatedapp.io. By submitting an email, entrant is acknowledging and agreeing to these official rules (the “Official Rules”).

    3. You are allowed a total of one (1) entry for each of the five total prize days; five (5) entries total per individual, regardless of which method of entry you use. 

      Sponsor (as defined below) in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Promotion. Multiple entrants are not permitted to share the same email address or social media handle. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entrant, the authorized account holder of the email address or social media handle associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address or social media handle by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media handles for the domain or social media account associated with the entry. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of identity of entrants in its sole discretion.
       

  2. Promotion Period. This Promotion begins at 9:00am Eastern Standard Time (“EST”) on October 25, 2019 and ends at 11:59pm Pacific Standard Time (“EST”) on October 31, 2019 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion. All entries must be received during the dates and times specified in the Promotion Period. Odds of winning the Promotion depend on the number of eligible entries received during the Promotion Period.
     

  3. Eligibility. In order to be eligible, entrants must be (i) aged 21 or older and (ii) a legal resident of one of the U.S. cities and states in which Sponsor operates, OR if promotion is limited in geographic scope, include only that geographic limitation. Void where prohibited by law. Employees of Sponsor and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. 
     

  4. Drawing and Notification. The winner(s) will be selected by a random-chance selection. Sponsor will notify winner(s) by email, or by social media, and/or by other means provided within the Promotion materials, on or before November 6, 2019. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account. The winner must then respond to Sponsor within one (3) days. Should the winner fail to respond to Sponsor, Sponsor reserves the right to disqualify that winner and select a new winner in a second-chance random selection. Winner may be required to sign an affidavit of eligibility, a liability release and a publicity release. By entering or accepting any prize, winner allows Sponsor to use the winner’s entry, name, photograph, likeness, voice, opinions, prize information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s use of entrant’s entry, name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
     

  5. Prizes:.

    1. Three (3) entrants on October 25th ​will receive $50 gift cards to Barry's Bootcamp.

    2. Three (3) entrants on October 27th ​will receive prize packages from Dylan's Candy Bar, total aggregate retail value of the prize is up to USD $200.

    3. Three (3) entrants on October 28th will receive $50 gift cards to Drybar

    4. Two (2) entrants on October 29th will receive $50 gift cards to Winc.com, one (1) winner [must be located in New York City] will win two (2) tickets to an exclusive cocktail making class. Total aggregate retail value of the prize is up to USD $150.

    5. One (1) entrant on October 31st will receive a dinner for two at a Seated restaurant (up to $250).

    6. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value. Winner is responsible for all taxes and fees associated with the receipt and/or use of the prize.​​​​

6. Conditions of Participation. By submitting an entry for this Promotion, you agree to abide by these rules and any decision Sponsor makes regarding this Promotion, which Sponsor shall make in its sole discretion. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor or any Sponsor partner site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner.
 

7. Intellectual Property: Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Sponsor’s rights to reprint, display, reproduce, perform, use, and exhibit the entry for the purpose of administering and promoting the Promotion and for Sponsor’s marketing and advertising purposes. By participating in the Promotion, each entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the Promotion or use or receipt of the prize for any and all purposes in any medium. Each participating entrant hereby warrants that any entry and other materials and information posted or provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the entry or information or materials posted or provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Sponsor in the manner set forth in the Official Rules without additional compensation.

Each entrant warrants that the entry and materials and information posted or provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential, and that the entry, materials and information provided do not violate any laws or regulations. Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property. Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner.
 

8. Disclaimer, Release and Limit of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS INSTAGRAM, FACEBOOK, SPONSOR, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance or completion of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance or completion for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
 

9. Privacy and Use of Promotion Information. Sponsor collects personal information from you when you enter this Promotion. Sponsor reserves the right to use any information collected in accordance with its privacy policy.
 

  1. GOVERNING LAW AND DISPUTES: THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

10. Sponsor. Sponsor of this Promotion is Seated Inc., 138 Spring Street, New York, NY 10012

Large Party Promotion (10/16 - 10/31)

Large Party Booking: Party must spend a minimum of $300 to get $50 bonus reward.