Terms of Use

AllSeated Terms of Use

Last Updated: December 11, 2016

The following constitute the terms and conditions of access and use ( “TOU” ) of this website (www.allseated.com) (the  “Website” ) and the services and Software (defined below) described and available through the Website, including any browser extensions, mobile applications and other downloadable apps we may provide (the “Service”). To make these TOU easier to read, the Website, Software and our Service are collectively called the “Services”. The Services are owned and operated by All Seated, Inc. (“AllSeated”).

ARBITRATION NOTICE: UNLESS YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY OR OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ALLSEATED WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Acceptance of Terms

BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TOU CONTAINED HEREIN AND THE PRIVACY POLICY, AVAILABLE AT http://www.allseated.com/privacy-policy/ AND INCORPORATED HEREIN BY REFERENCE (THE ‘PRIVACY POLICY’). IF YOU DO NOT AGREE TO THESE TOU, DO NOT USE OR ACCESS THE SERVICES.

AllSeated reserves the right, in its sole discretion, to modify or replace any of the TOU at any time. You shall be solely responsible to check the TOU periodically for changes. Your continued use of the Services following the posting of any change to the TOU constitute acceptance of such changes. If any such change is not acceptable to you, your sole remedy is to cease accessing, browsing or otherwise using the Services.

You affirm, and we hereby rely on such affirmation, that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOU and to abide by and comply with these TOU. If you are under 18 years of age, please do not register for or use the Services.

If you’re agreeing to these TOU on behalf of an organization or other legal entity (such as your employer), you represent and warrant that you have the authority to bind that organization or entity to these TOU. In that case, “you” and “your” will refer to that organization or entity.

Definitions

“Account” means an account created by a Host, Venue, Vendor or User.

“Event” means a social event that is registered for collaboration on the Services, including but not limited to a wedding, a charity function or a corporate meeting, created by either a Host, a Venue or a Vendor.

“Host” means the individual or entity hosting an Event.

“Software” means the software provided in object code form to end users, including without limitation the Host and/or Venue, through the Website to enable use of the Services provided through the Website or Mobile devices.

“User” means any registered and authorized user of the Services, excluding the Host, the Venue and any Vendor, to which either the Host, Venue or a Vendor granted permission or otherwise invited to use an Account.

“Vendor” means a vendor of event planning products or event related services.

“Vendor Services” means the event planning or event related services offered or provided by a Vendor.

“Venue” means the venue in which the Event takes place.

“You” and “your” means any person using the Services, including the User, the Venue, the Host and any Vendors.  “We”, “our” and “us” means AllSeated, its parent corporations, subsidiaries and affiliates.

Software

The provisions of this Section shall apply to you upon your use of the Software.
Subject to the terms and conditions of these TOU, AllSeated hereby grants to you a personal, non-transferable, non-sublicensable, revocable, terminable, non-exclusive license to use the Software, in object code form only, solely for your personal or business use in accordance with the terms and conditions of these TOU.

Neither the Software nor any portion thereof may be used by or on behalf of, accessed by, re-sold to, returned to, or distributed to any other party (whether for consideration or not), unless you have obtained prior written approval from AllSeated. You acknowledge that the source code of the Software, and the underlying ideas or concepts, are valuable intellectual property of AllSeated and you shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer any encrypted or encoded portion of the Software; (b) sell, sublicense, rent, lease, distribute, market, or commercialize the Software for any purpose, including timesharing or service bureau purposes; (c) remove any product identification, proprietary, copyright or other notices contained in the Software; (d) use the Software in a manner that is not in compliance with AllSeated’s specific instructions; (e) modify or create a derivative work of any portion of the Software, including any encrypted or encoded portion of the Software; or (f) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software.

Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, AllSeated has and will retain all rights, title and interest in and to the Software (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications and derivative works thereof. You hereby acknowledge that you obtain only a limited license right to the Software and that irrespective of any use of the words ‘purchase’, ‘sale,’ or like terms hereunder, no ownership rights are being conveyed to you under these TOU or otherwise.

Description and Use of the Services

AllSeated provides a simple and quick online web-based platform that facilitates collaboration for event planning, as more fully detailed in the Website.

AllSeated hereby grants you permission to use the Services, provided that: (a) you will not, nor will you permit anyone else to, copy or distribute any part of the Services in any medium without AllSeated’s prior written authorization, except for the purpose as set forth in the Website and in these TOU; (b) you will not, nor will you permit anyone else to, alter or modify any part of the Services; (c) you will not, nor will you permit anyone else to, publish upload, post, transmit, share, store or otherwise make available Content which: (i) in any manner infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ii) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including without limitation engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; (iii) violates any applicable laws, regulations or generally-accepted advertising industry guidelines; (iv) in any manner might be libelous or defamatory, or in a way that is otherwise malicious or harmful to any person or entity, or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age; (v) in any manner concerning minors, identifies them, and/or their personal details or their address and ways to contact them; (vi) includes passwords, user names and other details enabling the use of computer software, digital files, internet sites or services that require registration or payment, without such payment or registration; and (vii) in the sole discretion of AllSeated, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose AllSeated or its users to any harm or liability of any type.

Limitations on Use of the Services

As a user of the Services, you agree not to do any of the following:

(a)        use or launch any automated system, including without limitation, ‘robots’, ‘spiders,’ ‘offline readers’ etc., that access the Services in a manner that sends more request messages to AllSeated’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AllSeated grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AllSeated reserves the right to revoke these exceptions either generally or in specific cases.

(b)       collect or harvest any personally identifiable information from the Services or other communication systems provided by the Services for any commercial solicitation purposes.

(c)        avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AllSeated or any of AllSeated’s providers or any other third party (including another user) to protect the Services or Content, including the calculation and accrual of fees;

(d)       recruit, solicit, or contact in any form users of the Services for employment or any other use not specifically intended by the Services; or

(e)        advertise or solicit products or services unrelated to or inappropriate for the Services including, but not limited to any Vendor Services that promote or offer junk mail, spam, chain letters, Ponzi schemes, pyramid schemes, affiliate marketing or unsolicited commercial content, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways.

You acknowledge that you have requested to access, use and obtain the Services for your convenience, have made your own independent assessment of the adequacy of the Services and that you are satisfied with such assessment.

You acknowledge and accept that AllSeated does not guarantee continuous, uninterrupted or secure access to our Services and operation of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

The Services may contain links to third party websites that are not owned or controlled by the AllSeated. AllSeated has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party websites. In addition, AllSeated will not and cannot censor or edit the content of any third-party sites. By using the Services, you expressly relieve AllSeated from any and all liability arising from your visit and/or use of any third-party website, including linking or referring thereto. We highly encourage you to read the terms and conditions and privacy policies of each other third-party website that you visit or use as they affect your rights and liabilities under the law.

Registration

To be registered as a user of the Services, whether as a Host, Venue, Vendor or User, you hereby agree to: (a) provide, upon registration, true, accurate, current and complete information details about yourself; and (b) maintain and promptly update your registration data, keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incurrent and incomplete, AllSeated has the right to suspend or terminate your user account and refuse any and all of your current or future use of the Services (or any part thereof).

Upon registration with the Services, an Account is created, as more fully set forth below.

Account/Event

In order to use the Services, you must open an Account.

You may open and/or use several Accounts simultaneously. In addition, each Account may have access to several Events.

An Event may be created by a Host, a Venue or a Vendor; however, in order to access an Event not initially created by you, you are required to receive specific permission and /or an invitation from the Host, the Venue or the Vendor which created such Event.

You are responsible for maintaining the confidentiality of the password to the Account(s). You agree to immediately notify AllSeated of any unauthorized use of a password for an Account or Event or any other breach of security and ensure that you exit from an Account and/or Event at the end of each session. AllSeated cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this requirement.

Intellectual Property Rights – Content

For purposes of these TOU: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “Event Content” means any Content that an Account holder (which may include you) provides to be made available through the Services, including without limitation any venue floor plans or other event planning related content submitted to AllSeated. Content may include, without limitation, Event Content.

Content Ownership and Responsibility

AllSeated does not claim any ownership rights in any Event Content and nothing in these TOU will be deemed to restrict any rights that you may have to use and exploit your Event Content. Subject to the foregoing, AllSeated and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in Event Content Granted by You

By making any Event Content available through the Services you hereby grant to AllSeated a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, distribute and otherwise exploit your Event Content on, through, by means of, or to promote, market or advertise, the Services, or for any other purpose in our sole discretion, including without limitation providing Event Content to you and other users of the Services. For clarity, the license granted to AllSeated will survive termination of the Services or your Account.

You are solely responsible for all your Event Content. You represent and warrant that you own all your Event Content or you have all rights necessary to grant us the license rights in your Event Content under these TOU. You also represent and warrant that neither your Event Content, nor your use and provision of your Event Content to be made available through the Services, nor any use of your Event Content by AllSeated on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. AllSeated shall not be liable or responsible for any Event Content provided by you or any other Account holder.

Rights in Content Granted by AllSeated

Subject to your compliance with these TOU, AllSeated grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your Event and your permitted use of the Services. You will not use, copy, modify, create derivative works based upon, publicly display, publicly perform, distribute or otherwise exploit the Content, except as expressly permitted in these TOU. Any Content is provided to you AS IS. If you download or print a copy of any Content, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AllSeated or its licensors, except for the licenses and rights expressly granted in these TOU.

Copyright Infringement

AllSeated respects copyright law and expects its users to do the same. It is AllSeated’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see AllSeated’s Copyright Policy at http://www.allseated.com/copyright-policy/, for further information.

Advertising Material

By using the Services, you agree to receive information, texts, advertisements for products and/or services, notices and/or other materials from AllSeated and its partners (the ‘Advertising Material’). For example, as a Host you may receive referrals or advertisements for Vendor Services that may be of interest to you. Such Advertising Material may be personalized and served to an AllSeated user within the Services to meet the user’s specific needs and requirements, according to relevancy as shall be determined by AllSeated at its sole discretion. Such personalization may be based on information retrieved by AllSeated resulting from your use of the Services, including information in your Event profile. You hereby release AllSeated from any and all liability arising from your receipt of Advertising Material regardless of its origin, contents and/or their context.

Relationship

You agree that your relationship with AllSeated is governed by these TOU and the Privacy Policy. You understand that the Advertising Material may contain offers or information from third parties, including Vendors that have established Accounts with AllSeated. AllSeated is not and shall not be deemed to be a party to any contractual, commercial or other engagement between you and any other third party, whether such engagement was a result of your use of the Services or in connection therewith or otherwise.

Termination

AllSeated may, at its sole discretion, terminate the Services, your password, Account (or any part thereof) and/or your right to use the Services, and remove and discard any and all of the Event Content for any reason, or no reason, including without limitation for lack of use, failure to timely pay the fees if and when such fees are charged, or if AllSeated believes that you have violated or acted inconsistently with the letter or spirit of these TOU.

You hereby agree that any termination of your right to use the Services may be effected without prior notice and you hereby acknowledge and agree that AllSeated may immediately deactivate or delete an Account and all related Event Content and/or bar any further access to an Account and/or the Services.

Further, you hereby agree that AllSeated shall not be liable to you or to any third party for any termination of your right to use or otherwise access the Services. You are responsible for (1) making all arrangements necessary for you to have access to the Services and (2) ensuring that all persons who access the Services through your internet connection are aware of these TOU and comply with them.

All provisions of these TOU that by their nature should survive termination of your right to use the Services shall survive such termination, including without limitation all limitation of liability, disclaimer of warranties and intellectual property protection.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, ALLSEATED, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND CONTENT,  AND THE USE THEREOF IN CONNECTION WITH THIRD PARTY ENGAGEMENTS OR OTHERWISE. ALLSEATED MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF THE SERVICES OR CONTENT THEREIN IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE AND ABOUT ANY CONTENT INCLUDING WITHOUT LIMITATION THE EVENT CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICESOR ANY OTHER THIRD PARTY WEBSITE OR OTHER SERVICES, WHETHER ONLINE OR OFFLINE. ALLSEATED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT INCLUDING WITHOUT LIMITATION THE EVENT CONTENT OR THIRD PARTY CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE CONTENT,THE SERVICES, OR THIRD PARTY ENGAGEMENT (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ALLSEATED’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ACCESS TO THE CONTENT, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY OR USER, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICESINCLUDING WITHOUT LIMITATION THE EVENT CONTENT. ALLSEATED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR FROM THE SERVICES, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING; ALLSEATED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR OR IN ANY WAY LIABLE IN CONNECTION WITH ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE SOFTWARE, CONTENT AND ALL SERVICES ARE PROVIDED ‘AS IS’. ALLSEATED MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO LICENSOR, DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

Limitation of Liability

IN NO EVENT SHALL ALLSEATED, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES, BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF, THE VISIT IN, THE ENGAGEMENT WITH ANY THIRD PARTY PURSUANT TO USING THE SERVICES AND RELATED SERVICES AND/OR THE LINKING FROM THE SERVICESAND/OR THE SOFTWARE, ALLSEATED’S SECURE SERVERS, THIRD PARTY WEBSITES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALLSEATED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ALLSEATED IS FOUND LIABLE FOR DAMAGES OF ANY KIND IN CONNECTION WITH THE SOFTWARE, THE SERVICES AND/OR THESE TERMS OF USE, IN NO EVENT SHALL SUCH LIABILITY EXCEED USD1,000. ALLSEATED MAKES NO REPRESENTATIONS THAT THE SERVICES ARE LEGALLY OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE SOFTWARE, OR SERVICES MAY DO SO AT THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

Indemnity

You agree to defend, indemnify and hold harmless AllSeated, its parent corporations, subsidiaries and affiliates, officers, directors, shareholders, employees, consultants and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) a violation by you of any term of these TOU; (ii) a violation by you of any third party right, including without limitation any copyright, property, or privacy right, while using the Services or providing any Event Content in connection thereto which you do not own or have the necessary rights to grant as set forth herein. This obligation for defense, indemnification and holding harmless will survive the termination or expiration of these TOU and your use of the Services.

Export Control

You shall comply with all applicable government trade and export control laws and regulations with respect to the Services and the Software and the use thereof. You agree that the Services and the Software will not be used in any country and/or in any manner prohibited by any applicable law in any jurisdiction.

Assignment

Your rights and obligations under these TOU may not be transferred or assigned by you, but may be assigned by AllSeated without restriction.

Choice of Law

These TOU shall be governed by the laws of the State of California, USA, without regard to its conflict of laws principles.

Dispute Resolution for Organizations or Other Entities

If you are accessing and using the Services on behalf of an organization or other legal entity, any claim or dispute between you and AllSeated that arises in whole or in part from the the Services shall be decided exclusively by the state and federal courts located in San Francisco County, California.

Dispute Resolution for Consumers

a. Agreement to Arbitrate.

If you are accessing and using the Services as an individual, you and AllSeated agree that any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to pursue injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide AllSeated with written notice of your desire to do so by email at allseated@allseated.com or regular mail at 230 California St. Suite 420, San Francisco, CA 94111 within thirty (30) days following the date you first agree to these TOU (such notice, an “Arbitration Opt-out Notice”). If you don’t provide AllSeated with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide AllSeated with an Arbitration Opt-out Notice, will be the state and federal courts located in San Francisco County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide AllSeated with an Arbitration Opt-out Notice, you acknowledge and agree that you and AllSeated are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and AllSeated otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution for Consumers” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution for Consumers” section will survive any termination of these TOU.

b. Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules  (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution for Consumers” section. (The AAA Rules are available here or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution for Consumers” section.

c. Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

d. Arbitration Location and Procedure

Unless you and AllSeated otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and AllSeated submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

e. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. AllSeated will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

f. Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, AllSeated will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

g. Changes

Notwithstanding the provisions “Acceptance of Terms” section above pertaining to changes to these TOU, if AllSeated changes this “Dispute Resolution for Consumers” section after the date you first accepted these TOU (or accepted any subsequent changes to these TOU), you may reject any such change by sending us written notice (as provided for in subsection (a) above) within 30 days of the date such change became effective, as indicated in the “Effective Date” above or in the date of AllSeated’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AllSeated in accordance with the provisions of this “Dispute Resolution for Consumers” as of the date you first accepted these TOU (or accepted any subsequent changes to these TOU).

General

These TOU, together with AllSeated’s Privacy Policy and any other legal notices published by AllSeated on the Servicesor any other specific agreement executed between you and AllSeated, shall constitute the entire agreement between you and AllSeated concerning the Services and/or the use thereof. If any provision of these TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOU, which shall remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term, and AllSeated’s failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision. YOU AND ALLSEATED AGREE THAT ANY CLAIM AND/OR ACTION ARISING OUT OF OR RELATED TO THE SERVICES AND/OR THE USE THEREOF, MUST BE FILED AND/OR SUBMITTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OF SUCH CLAIM ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact Information

If you have any questions about this TOU or the Services, please contact AllSeated at allseated@allseated.com or regular mail at 230 California St. Suite 420, San Francisco, CA 94111.

 

Revised as of: August 29, 2015