Without limiting anything else contained herein, Seat Scouts LLC, including its affiliates and subsidiaries, if any (collectively, “we”, “us”, “our”, or “Seat Scouts”), is not responsible or liable for (i) the accuracy of any information displayed on the Site, Services or Apps, nor for any latent, missed, or untimely transaction, (ii) any user account data (“User Data”), or (iii) any accidental or intentional data loss through the use of the Site, Services or Apps.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ABC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
By clicking “I accept” when prompted upon login, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use this Site, Apps or Services. Seat Scouts reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time, and by clicking “I accept” to the revisions, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
The Site, Services and Apps are not intended for any person under the age of 18 and no one under the age of 18 may use the Site, Services or Apps. lf you use the Site, Services or Apps, you affirm you are at least 18 years of age.
BY ACCESSING THE SITE, THE APPS, OR THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some parts of our Services are billed on a subscription basis (“Subscription”). You will be automatically billed in accordance with the billing and invoice procedures for your particular subscription plan. Billing cycles are set either on a monthly or annual basis depending on the type of plan you select when purchasing a Subscription, provided, however, that such are subject to change in our reasonable discretion.
At the end of each billing cycle, your Subscription will automatically renew under the same plan and fees unless Fee Changes occur or unless your Subscription was previously canceled by you or us. You may cancel your Subscription at any time either through the online account management page or by contacting our customer support team; provided, however that you shall not be entitled to a refund of any Subscription fees paid in advance and you will be responsible for payment of any unpaid Subscription fees for the then current period.
A credit or debit card is required to process payment for your Subscription. Your accurate and complete billing information is required including your name, billing address with street address, city or town, state and zip code, and telephone number. By submitting such payment information, you authorize Seat Scouts to automatically charge all Subscription fees incurred through your account to any such payment instrument(s).
If your payment shall fail or decline, Seat Scouts will notify you that payment has failed and you must log into the App and update your credit card information. If payment is not timely received, Seat Scouts reserves the right to cancel your Subscription and terminate your account and to collect any unpaid amounts due.
We reserve the right to, at any time and with reasonable notice, modify the terms and conditions of any Subscription or to cancel any Subscription, in which case we will refund any prepaid fees.
Seat Scouts may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial Subscription”). You may be required to enter your billing information in order to sign up for the free trial. If so, you will not be charged by Seat Scouts until the Free Trial has expired. On the last day of the Free Trial period, unless you previously canceled your Free Trial Subscription, you will be automatically enrolled in the Subscription plan and invoiced in accordance with the billing and invoice procedures for the type of plan you selected or that was provided with the Free Trial Subscription.
We reserve the right to, at any time and without notice, modify the terms and conditions of the Free Trial Subscription or to cancel the Free Trial Subscription.
Seat Scouts, in its sole discretion and at any time, may modify the fees charged for your Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to cancel your Subscription before the change becomes effective.
If you continue to use your Subscription after the fee change comes into effect, such continued usage shall constitute your agreement to pay the modified Subscription fee.
We are not obligated to issue any refunds; however, we may consider any refund request and issue a refund in our sole and absolute discretion.
You will be required to create an account to purchase a Subscription and/or to use certain features of the Site, Services and/or Apps. When you create an account with us, you agree that the information you provide is accurate and complete and that you will keep it current at all times so long as you maintain a Subscription or use the applicable features of the Site, Services and/or Apps. Inaccurate, incomplete, or obsolete information may result in the immediate cancelation of your Subscription and account and/or termination of your right to use the Site, Services and/or Apps.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restriction of access to your computer and/or account by third parties. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether with Seat Scouts or a third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You may not access the Subscription or the Site, Services and/or Apps with the username of a third party without such third party’s permission.
You may not transfer or sell access to your account. Seat Scouts shall not be liable for any harm or damages related to your disclosure of your username or password or the use by a third-party of your username or password. We may require you to change your username and/or password in our sole discretion for any reason. You will have no ownership in your account or username.
Third-Party Access and Authorization
Seat Scouts provides custom software that optimizes ticket brokers’ businesses. To provide optimal service, we may request that you provide your username and password to any ticket exchange account service that you want to integrate with your Seat Scouts service. Also, based on your use of the Site, Services or Apps, Seat Scouts may create and maintain on your behalf an access or developer key to a third-party party API or developer program.
By agreeing to these Terms, you grant Seat Scouts the right to obtain and implement a software strategy that includes creating a developer instance or account on your behalf based on third- party account information, and implementing and maintaining a software design for you. You further agree to be bound the restrictions of any and all third-party API or developer program terms and agreements.
Ownership of Content; Grant of Limited, Conditional License
Seat Scouts grants you at no cost a conditional, limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to view or use the Content solely as permitted by these Terms and solely for your non-commercial personal or internal business use and not for resale or further distribution.
Other than the limited license granted above, Seat Scouts and its licensors retain all right, title and interest to the Site, Services and Apps, and all data, images, designs, text, pages, print-screens, artwork, photographs, video and audio clips, source code, HTML code, and software that resides upon or is otherwise discoverable on the Site or Apps or through the Services (collectively “Content”). The Site, Services and Apps are protected by copyright, trademark, and other laws of both the United States and foreign countries and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose, or used in any manner other than as permitted by these Terms, without the express prior written consent of Seat Scouts in each instance.
As a mandatory condition to receiving the license granted above, you agree that you will not, and will not permit any third parties to:
- Reproduce, modify, adapt, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Content
- Transfer, sell, rent, lease, or sublicense Content, or access thereto, to any third party
- Circumvent or disable any security or technological features or measures of the Content
- Attempt to obtain or derive underlying ideas, data, source code, or algorithms of any part of the Content
- “Mirror” or “Frame” any part of the Content
- Submit any content, data, information or software containing virus(es), worm(s), defect(s), Trojan horse(s), or any other item(s) of a destructive nature
- Use any offline reader, robot, spider, site, app, tool, process, search and retrieval application, or other device or method of any kind to data mine, reproduce, or circumvent the presentation or navigational arrangement of the Content
- Manipulate any identifiers to disguise the origin of conduct or action(s)
- Link to any portion of the Site or Apps other than the URL of the home page of the Site or a URL for user data storage, if any, located in the Apps
- Engage in any conduct which we determine, in our discretion, imposes a disproportionately excessive load on the infrastructure of the Site
- In conjunction with any outside device, attempt to control access to any portion of the Content
- Access the Site, Service, Content or Apps for any competitive purpose, including without limitation on behalf of or for the benefit of a competitive service or to gain insight or data relating to how the Service and Apps monitor and price tickets.
In using, visiting, or accessing the Site, Services or Apps, you agree that you will comply with all applicable laws, rules and regulations, and you further agree that you will not do any of the following:
- Restrict any other person or entity from using the Site, Services or Apps
- Submit any information or content that is unlawful, fraudulent, or defamatory, or that infringes upon or violates another’s intellectual property rights
- Submit any advertisements or solicitations of any kind
- Submit or post, via any means including but not limited to hyperlinks, any material that may be considered, in our sole discretion, harmful, obscene, pornographic, sexually explicit, indecent, lewd, abusive, profane, harassing, or otherwise objectionable
- Engage in spamming or flooding
- Engage in any other conduct that we deem, in our sole discretion, to be detrimental to the conduct of our business or harmful to any third parties
Violation of Terms
In the event you violate these Terms, you agree that monetary damages may be an inadequate remedy and that we may pursue injunctive or other relief in a court of law. We may also terminate your Subscription and account, and any licenses granted hereunder, immediately and block your future access to the Site, Services and Apps without liability for any losses or damage to you of whatever nature, amount, or kind.
User Content and Data
In the event that you provide Seat Scouts with any feedback regarding the Site, Services or Apps, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Site, Services or Apps, or any of Seat Scouts’ other software or intellectual property (collectively, “Feedback”), you hereby assign to Seat Scouts all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Third Party Links and Services
The Site and/or Apps may have links to other websites or applications that we do not own or operate. That Seat Scouts may provide links to those third party website(s) or application(s) does not imply or indicate we approve of or endorse those website(s) or application(s). You acknowledge and agree that Seat Scouts is not responsible nor liable, directly or indirectly, for the content, terms of service, or privacy policies of those third party website(s) or application(s) or any damage or loss caused or alleged to be caused by or in connection therewith. You hereby waive any claim for damages or loss stemming from your access or use of third party websites or applications. Seat Scouts does not warrant or make any representations regarding the goods, services, or content from third party websites or applications. Your access or use of third party content, website(s) or application(s) is at your own risk, and we strongly advise you to read the terms and conditions and privacy policies of any third parties that you have contact with through the Services or Apps.
Disclaimer of Warranties
SEAT SCOUTS PROVIDES THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SITE, SERVICES, AND APPS, TO YOU “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
SEAT SCOUTS DOES NOT GUARANTEE, AND SPECIFICALLY DOES NOT WARRANT THAT: (I) THE SITE, SERVICES OR APPS WILL FUNCTION WITHOUT DISRUPTION, DELAY, OR IMPERFECTION, (II) THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SITE, SERVICES AND APPS, ARE FREE FROM VIRUSES, HARMFUL COMPONENTS, OR MALICIOUS CONTENT, (III) THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SITE, SERVICES AND APPS WILL MEET YOUR BUSINESS REQUIREMENTS, (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR APPS WILL BE CORRECTED, OR (V) THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SITE, SERVICES AND APPS, WILL BE NON-INFRINGING.
WE ARE NOT RESPONSIBLE FOR THE INFORMATION OR CONDUCT OF THIRD-PARTIES AND YOU HEREBY RELEASE SEAT SCOUTS FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY OR TO ANY DEGREE CONNECTED WITH ANY CLAIM YOU MAY HAVE OR DEVELOP AGAINST ANY SUCH THIRD-PARTIES.
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you.
Limitation of Liability
IN NO EVENT SHALL SEAT SCOUTS, NOR ITS MEMBERS, OWNERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, IF ANY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO: (1) LOSS OF PROFITS, DATA, USE, (2) LOST, STOLEN OR DAMAGED TICKETS, OR TICKETS DISHONORED BY A VENUE, (3) GOOD WILL OR ANY OTHER INTANGIBLE LOSSES, WITH ANY OF THE FOREGOING THREE CATEGORIES RESULTING FROM (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE CONTENT, INCLUDING WITHOUT LIMITATION THE SITE, SERVICES OR APPS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SITE OR IN THE APPS; (iii) ANY CONTENT OBTAINED FROM THE SITE, SERVICE OR APPS; OR (iv) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS OR USER DATA.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER YOUR CLAIM MAY BE BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE BUT EXCLUDING OUR GROSS NEGLIGENCE), BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
IN ANY EVENT, YOU AGREE THAT THE MAXIMUM DAMAGES FOR WHICH SEAT SCOUTS SHALL BE LIABLE, ARISING FROM WHATEVER EVENT, SHALL BE THE LESSER OF (I) $500, OR (II) THE TOTAL FEES PAID BY YOU IN THE BILLING CYCLE DURING WHICH YOUR CLAIMED DAMAGE OR LOSS IS INCURRED.
Some jurisdictions may not allow the Limitation of Liability for certain damages and causes of action, so some of the disclaimers above may not apply to you.
You agree to defend, indemnify and hold harmless Seat Scouts, and its members, owners, licensees and licensors, and their respective directors, officers, agents, employees, and contractors, from any and all claim(s), damage(s), obligation(s), loss(es), liability(ies), cost(s), debt(s), and expense(s) (including but not limited to reasonable attorney fees), resulting from or arising out of (i) your use or access of the Content, including without limitation, the Site, Services or Apps, or the use or access of the foregoing by anyone using your username and password; (ii) your use or access of any third party software or service utilized in connection with the Site, Services or Apps; (iii) your violation of any laws or any infringement by you, or any third party using your account or acting on your behalf, of any intellectual property, property, privacy, or other right of any person or entity; (iv) your breach of these Terms; or (v) any intentional misconduct or negligence by you in using the Site, Services or Apps, or any third party software or service utilized in connection with the Site, Services or Apps.
Termination of Subscription and Account
We may terminate or suspend your Subscription and/or account, and any licenses granted hereunder, with or without reason and bar your access to the Site, Services and Apps immediately without legal liability and without prior notice to you.
You may cancel your Subscription at any time but shall not be entitled to a refund of any Subscription fees paid in advance.
All provisions of these Terms which by their nature should survive termination shall survive, including, but not limited to, ownership provisions, disclaimers, limitation of liability provisions, indemnity provisions, and arbitration and governing law provisions.
Mandatory Arbitrations and Waiver of Class Action
In the event you have a claim against Seat Scouts or a dispute exists between you and Seat Scouts, you hereby waive your right to bring an action in a court of law and agree that any such claim or dispute will be resolved by binding arbitration rather than in a court of law, except under the following conditions:
- The claim arises out of or involves an alleged violation of the Ownership of Content; Grant of Limited Conditional License section or the Violation of Terms section, each as detailed above. In this case, either of us may file suit in a court of law, but only in county, state, district, or federal court located within Raleigh, North Carolina, or the federal District of North Carolina. You hereby submit to the jurisdiction of any or all of these courts if such suit is filed.
- You may assert your claim in a small claims court under local law
- In the event this arbitration agreement is determined to be unenforceable or invalid by a court of competent jurisdiction, you agree to bring any suit or proceeding, other than a small claims action, only in county, state, district, or federal court located within Douglas County, Nebraska, or the federal District of Nebraska. You hereby submit to the jurisdiction of any or all of these courts if such suit or proceeding is filed.
- This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. sec. 1 et al. It is intended to be interpreted broadly and will survive termination of your account and these Terms. You are not entitled to a judge or jury in an arbitration and court review of an arbitration decision or award is limited. An arbitrator may award, on an individual basis, identical damages as a court could, including injunctive, declaratory relief, or statutory or common law damages, but an arbitration proceeding is subject to these Terms, as a lawsuit in a court of law would be.
- You agree that these arbitration terms constitute a transaction in interstate commerce between commercial parties to be construed in accordance with and governed by federal law exclusively.
- You hereby waive any and all right(s) to file suit in any court under the class action statutes of any state or under federal law.
- You waive any right to a jury trial in any action or proceeding. If this term is determined to be unenforceable or invalid by a court of competent jurisdiction, then this entire arbitration agreement will be null and void and neither of us will be entitled to arbitrate the dispute or claim, and any suit or proceeding must be brought in county, state, district, or federal court located within Douglas County, Nebraska, or the federal District of Nebraska.
- We agree that the appointed arbitrator may not consolidate claims and may not preside over a class or representative action of any kind. Any arbitration must be conducted on an individual basis only, one claim at a time per claimant.
- To commence an arbitration proceeding, you must send a letter to us at the email or physical address below requesting arbitration and detailing the basis of your claim.
If you have any questions, comments or concerns about these Terms or about the Site, Services or Apps, please contact us by email at info@SeatScouts.com.
Or in writing at:
Seat Scouts LLC
7202 Giles Road, Ste. 4 #330 La Vista, Nebraska 68128
Last updated: June 2018