Terms | BeSeated

TERMS OF USE

Last Updated: April 13th, 2020

ABOUT TERMS

These BeSeated Terms of Use (this “Agreement”) apply to your consumer use of (1) the BeSeated Site at https://www.BeSeated.app and all affiliated websites owned and operated solely by BeSeated Inc. (collectively, the “BeSeated Site”), (2) the venue reservation services made available by BeSeated through the BeSeated Site, any BeSeated-branded application for your mobile or other devices (collectively, the “BeSeated Application”), and any other online properties of BeSeated or third parties, as described in Part I below (the “Reservation Services”), (3) the payment services made available by BeSeated through the BeSeated Application as described in Part II below (the “Payment Services”), (4) any BeSeated Application, and (5) any other services or features made available by BeSeated through the BeSeated Site or any BeSeated Application. Together, the items in (1) through (6) are the “Services”.

 

In this Agreement, “BeSeated” and “we” mean BeSeated a product and service operated under BeSeated Inc., and “User” and “you” mean any user of the Services. This Agreement incorporates BeSeated’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “BeSeated Policies”).

 

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any BeSeated Loyalty Coins (as defined below)). THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

 

BeSeated may update or revise this Agreement (including any BeSeated Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by BeSeated, any use of the Services (e.g., the use of the Reservation Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.

CONTACT US

Email Address:

Contact@BeSeated.app

 

Mailing Address:

BeSeated Inc,
276 5th Avenue
Suite 704 #722
New York, NY 10001
United States

Contact Numbers:

USA    + 1 628 800 0058

UK       + 44 1908 018100

PART I - RESERVATIONS

1. Reservations.

BeSeated provides the reservation services to the user for the purpose of assisting users in securing reservations of third-party luxury providers (such as, “Venue”, "Yachts", "Private Jets", "Drivers", "Bodyguards"). In response to a User’s online request for a reservation through the BeSeated Site or BeSeated Application, BeSeated directly contacts the luxury providers for reservations either through their BeSeated Manager Features or by direct contact. The availability of reservations is determined at the time of the user’s query. Once a reservation is made by a User through the BeSeated Site or BeSeated Application, BeSeated will provide confirmation of the reservation to User by a message in-App or/and by email. By using the reservation services, the user agrees to receive reservation confirmations by a message in-App or/and by email after booking a reservation through the platform.

 

2. No-Show Policy.

BeSeated is committed to providing superior quality services to Users and Venues. To assist us in maintaining a consistently high level of service for the Venues and their patrons, Users must cancel their reservations that they will be unable to honor at least as per the company cancellation policy. Users may cancel their reservations via the BeSeated Site or BeSeated Application. Some Venues or Service Providers may require a debit or credit card number to finalize your reservation. In order to use the Reservation Services for these Venues or Service Providers, you must provide valid debit or credit card information, and you may be required to cancel your reservation in accordance with the Venue’s and Service Provider’s cancellation policy, which will be disclosed at the time the reservation is made. BeSeated uses this debit or credit card information as described in our privacy policy and shall have no liability for any changes made to the debit or credit card account for any failure to cancel your reservation in accordance with a Venue’s or Service Provider’s cancellation policy.

 

If you are unable to keep your reservation and you fail to cancel at least 24 (twenty-four) hours in advance of the reservation, BeSeated will send you an email letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email or in-app after a report that your reservation was not honored, whether or not that was, in fact, the case. You will lose your deposit if you are a no-show and could be blacklisted to reserve to that venue for an indefinite period after the repetitive occurrence of a no-show. If you receive a no-show notification email in error, please click here for information on how to dispute it. The user agrees that all final no-show determinations will be made by BeSeated in its sole discretion.

 

3. BeSeated Loyalty Rewards.

The user will accumulate coins with reservations to services that are paid in full directly on the BeSeated platform. The user will accumulate coins when reservations are paid in full (including the deposit paid on BeSeated Application or BeSeated website). Participation is subject to the BeSeated Rewards System Terms and Conditions.

 

4. Usage Guidelines.

The user agrees to use the reservation services only to make reservations with luxury providers and honor those reservations by following the guidelines of those luxury providers. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the platform. Minors under the age of 18 shall are prohibited to register as a user of this website and are not allowed to transact or use the website.

 

PART II - PAYMENT SERVICES

5. General Description and Requirements.

We accept payments online using Visa and MasterCard credit/debit card in AED (Arab Emirati Dirhams), USD (American Dollar), EUR (Euro), CAD (Canadian Dollar), GBP (British Pound), and JOD (Jordanian Dinar).  The Payment Services allow Users to pay in full for service providers and pay deposits at participating Venues through the BeSeated Platform (Application or Site). In order to use the Payment Services at a participating venue, you must: (1) install the BeSeated Application or Site on a compatible mobile device or use the BeSeated Site; (2) make a reservation for the Venue or Service Provider through the Reservation Services; (3) provide valid payment card information through the BeSeated Application or Site as further described below; (4) provide and verify your mobile phone number as further described below; and (5) have an Account in good standing. The Payment Services may not be available for all Venues and Service Providers; for a list of participating Venues and Service Providers, please visit the BeSeated Application or Site. There is no fee to you to use the Payment Services, but your mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and BeSeated Application or Site. We accept payments online using Visa and MasterCard credit/debit card in AED (Emirati Dirham), USD (American Dollar), EUR (Euro), CAD (Canadian Dollar), GBP (British Pound), and JOD (Jordanian Dinar)”.

 

6. Payment Card Information.

In order to use the Payment Services, you must provide account information for at least one valid debit or credit card through or to the BeSeated Application or Site. BeSeated uses this debit or credit card account information as described in our privacy policy. If you provide account information for a debit or credit card to the BeSeated Application or Site via a third party, your provision of such debit or credit card shall also be subject to the terms and conditions specified by such a third party. BeSeated takes no responsibility and assumes no liability for any actions or omissions of such third party. You may add, delete, and edit the debit or credit card account information you have provided from time to time directly through the BeSeated Application or Site. If you provide account information in such a manner for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your Venue bill.  To confirm that the payment card information you have provided directly through the BeSeated Application or Site is accurate, we may place a temporary $1.00 authorization hold on your debit or credit card at the time you provide your payment card information through the BeSeated Application or Site. After we verify that your payment card information is accurate, usually within a few days, the $1.00 hold will be removed. In no event will your payment card actually be charged for this $1.00 authorization.

To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.

By providing debit or credit card account information through or to the BeSeated Application or Site, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the BeSeated Application or Site, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.

 

7. Verified Email Address.

In order to use the Payment Services, you must provide a valid email address through the BeSeated Application or Site and verify such an email as instructed by us. To verify your email address, we will send you a link via email to the email address you provided, and you must follow the link as instructed in the BeSeated Application or Site. If you change your email address, you must promptly provide and verify your new email address. When you provide your email address, you expressly consent to receive emails relating to the Payment Services at that email address.

 

8. Account Settings.

You may establish certain default settings for your use of the Payment Services through the BeSeated Application or Site, such as your preferred payment card account if you provided debit or credit card information directly through the BeSeated Application or Site. You may change these settings through the BeSeated Application or Site.

 

9. Payment Authorization and Settlement.

If you make a payment for our products or services on BeSeated, the details you are asked to submit will be provided directly to our payment provider via a secured connection.  After you place a reservation at a participating Service Provider, you may indicate through the BeSeated Application or Site that you intend to pay your deposit for a Venue or pay in full for a Service Provider using the Payment Services. When you intend to pay your bill using the Payment Services on BeSeated, you authorize the Venue to charge your debit or credit card for the full amount of your final bill, which may include adjustments for any errors or omissions. You may only use the Payment Services to pay the deposit or full amount of the bill; no partial payments are permitted. This Agreement does not alter your payment obligations to Venues or Service Providers; you are responsible for timely payment of all amounts owed by you to any Venue or Service Provider. Depending on your payment method, you may be subject to certain minimum charges. Except to the extent otherwise required by applicable law, BeSeated is not responsible or liable for any payments authorized through the BeSeated Application using your payment card information.  You agree that after you confirm that the bill is correct and pay using BeSeated secure payment method on the BeSeated Application, you cannot cancel or ask for a refund, as you have agreed that there was no objection to pay at the time when the bill was presented. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules. We accept payments online using Visa and MasterCard credit/debit cards in AED, USD, CAD, GBP, EURO, JOD (or any other agreed currency).

 

10. Receipts and Transaction History.

The cardholder must retain a copy of transaction records and Merchant policies and rules.  As a courtesy, the Payment Portal will email a receipt to the email address associated with your Account upon completion of a transaction using the Payment Services. You may print and save copies of these receipts. If you would like a paper receipt, you must request one from the Venue or Service Provider at the time of the transaction.

 

11. Certain Limitations.

You acknowledge and agree that BeSeated provides the Payment Services only as a convenience and is not a party to your payment transactions performed using the Payment Services. BeSeated is an independent contractor for all purposes and is not your agent or trustee. BeSeated is not responsible and has no liability for, the products or services that are paid for with the Payment Services. BeSeated is not responsible for any overcharges or other payment disputes with Venues or Service Provider. Users must resolve payment and other disputes directly with Venues or Service Providers.

BeSeated is not liable for any payments that the Payment Services do not complete because (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Payment Services, you are solely responsible for paying the applicable Venue(s) or Service Provider(s) by other means.

https://www.beseated.app will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE. Multiple transactions may result in multiple postings to the cardholder’s monthly statement.

 

12. Cancellations and Refund Policy.

BeSeated ensures that all parties are pleased with the reservation made. The user shall accept and agree to the relevant cancellation and no-show policy of the Venue(s) or Service Provider(s), and to any terms and conditions of the Venue or Service provider that may apply to your reservation. In cases where a deposit is required, reservations need to be canceled twenty-four (24) hours prior to reservation, however, this might not be the case in all reservations and depending on the Venue or Service Provider cancellation and no-show policies.  Refunds will be done only through the Original Mode of Payment.  Please note that packages are not eligible for cancellation or change. Please check the details thoroughly for any such conditions prior to making your reservation. If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Venue or Service Provider's cancellation and no-show policy.  If a refund is eligable, it will be done only through the Original Mode of Payment.

 

PART III - LOYALTY COINS

13. Redemption of BeSeated Loyalty Points.

BeSeated Loyalty Points may only be redeemed through the BeSeated Application and Site for reductions on reservations made to Venue(s) or Service Provider(s). In order to redeem BeSeated Loyalty Points, the recipient can choose to pay an amount partially or in full using their BeSeated Loyalty Points. A recipient may only redeem the entire value of their BeSeated Loyalty Points for a reservation of equal value; no partial redemptions. Upon redemption of BeSeated Loyalty Points by a recipient, we will update your account and remaining balance, if any. BeSeated Loyalty Points may only be redeemed for BeSeated Venue(s) or Service Provider(s) in the same currency that the BeSeated Loyalty Points were rewarded. Except to the extent required by applicable law, BeSeated Loyalty Points are not redeemable for cash. Resale or Transfer of BeSeated Loyalty Points is prohibited.

 

PART IV - Terms for All Services

14. Privacy Policy.

BeSeated is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.

 

15. Your Account.

You are required to CREATE AN ACCOUNT with BeSeated through the BeSeated Site or BeSeated Application (“Account”) in order to use the Reservation Services or to redeem (as applicable) BeSeated Loyalty Coins. However, you must have an Account in order to use the Payment Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the BeSeated registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify BeSeated of any unauthorized use of your Account or any other breach of security related to your use of the Services.

 

16. Communications from BeSeated.

The BeSeated Application may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from BeSeated regarding the Services and as otherwise described in our privacy policy. The communication standards for the Services include but are not limited to SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices to access the Services.

 

17. Technical Requirements.

Use of the Services requires Internet access through your COMPUTER or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. BeSeated does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the BeSeated Site, and some features and portions of the BeSeated Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

 

18. Modifications to Services.

BeSeated reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the BeSeated Site, BeSeated Application, Venues, and/or Service Providers. BeSeated shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

 

19. Intellectual Property Rights and Grant of Rights to User.

The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “BeSeated Content”) are provided to User by BeSeated or its partners or licensors solely to support User’s permitted use of the Services. The BeSeated Content may be modified from time to time by BeSeated in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the BeSeated Content by User shall constitute a material breach of this Agreement. BeSeated and its partners or licensors retain all rights in the Services and BeSeated Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of BeSeated or any third party is granted under this Agreement.

 

20. Application License.

Subject to the terms and conditions of this Agreement, BeSeated grants User a non-exclusive, non-transferable, revocable license to use the BeSeated Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted the use of the Services.

 

21. Use Restrictions.

Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website. The Services and BeSeated Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. BeSeated expressly reserves all its rights and remedies under applicable state and federal laws. BeSeated reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or BeSeated Content, except as expressly authorized by BeSeated; (2) take any action that imposes or may impose (in BeSeated’s sole determination) an unreasonable or a disproportionately large load on the Services or BeSeated’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or BeSeated Content to a third party; (5) use any portion of the Services or BeSeated Content to provide, or incorporate any portion of the Services or BeSeated Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to BeSeated); (7) modify any Services or BeSeated Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or BeSeated Content; (9) use the Services or BeSeated Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or BeSeated Content or access or use the Services or BeSeated Content for competitive analysis or benchmarking purposes.

 

22. Delivery/Shipment Policy

https://www.BeSeated.app will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

Multiple bookings/transactions may result in multiple postings to the cardholder’s monthly statement.

 

23. Termination.

BeSeated may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, BeSeated may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any BeSeated Policies) or, with respect to Users of the Payment Services if we receive excessive chargebacks on the debit or credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and you may lose access to and be unable to use any accumulated loyalty points as described in the BeSeated Reward System Terms and Conditions. You agree that BeSeated shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which BeSeated will have no liability whatsoever.

 

24. Reviews, Comments, Communications, and Other Content.

The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to venues and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, COMPUTER viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. BeSeated reserves the right (but has no obligation) to monitor, remove, or edit User Content in BeSeated’s sole discretion, including if User Content violates this Agreement (including any BeSeated Policies), but you acknowledge that BeSeated may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant BeSeated a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. BeSeated takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.

 

25. Your Representations and Indemnity.

You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by BeSeated and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at BeSeated’s request) defend BeSeated, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “BeSeated Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

 

26. Liability Limitations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO BESEATED LOYALTY POINTS, IN NO EVENT SHALL THE BESEATED PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, THE BESEATED CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES OR PAYMENT SERVICES), OR (4) YOUR VISIT TO ANY VENUE OR USE OF SERVICE PROVIDERS OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY VENUE OR SERVICE PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE BESEATED SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE BESEATED CONTENT. BESEATED IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY VENUE OR SERVICE PROVIDER FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE PAYMENT SERVICES.

IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR YOUR MOST RECENT RESERVATION.

 

You and BeSeated understand and agree that the disclaimers, exclusions, and limitations in this Section 25 and in Section 26 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that BeSeated would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

 

27. Disclaimer of Warranties.

THE SERVICES, ALL BESEATED CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. BESEATED EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. BESEATED DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT BESEATED WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. BESEATED SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BESEATED.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

28. Links to Third-Party Websites.

The Services may contain hypertext links to websites operated by parties other than BeSeated. Such hypertext links are provided for User’s reference only, and BeSeated does not control such websites and is not responsible for their content. BeSeated’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. BeSeated assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.

 

29. Release.

Venues and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Service Provider or Venue or from any product or service of any Service Provider or Venue. You hereby release the BeSeated Parties from any and all such Claims.

 

30. Notify Us of Infringers.

If you believe any of the Services violate your copyright, notify us in writing.

In order for us to take action, you must do the following in your notice:

(a) provide your physical or electronic signature;

(b) identify the copyrighted work that you believe is being infringed;

(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;

(d) provide us with a way to contact you, such as your address, telephone number, or email;

(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and

(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Again, we cannot take action unless you give us all the required information.
 

31. Severability.

If any of the provisions, or portions thereof, of this Agreement, are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

32. Assignment.

This Agreement and the rights granted, and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by BeSeated.

 

33. Waiver.

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

 

34. Dispute.

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Delaware. 

 

35. Choice of Law.

United States of America is our country of domicile. This Agreement shall be governed by and construed in accordance with the laws of Delaware. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Delaware Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration, shall be Delaware. The language to be used in the arbitration shall be English. The governing law of this Agreement shall be the substantive laws of Delaware, USA.