SeatHolderLLC.com Terms & Conditions of Use
Last Updated: April 2017
Welcome to SeatHolderLLC.com ( “www.seatholderllc.com”). The Site is owned by Seat Holder , LLC (“Seat Holder ” or “Company”). We help our customers purchase event tickets through incremental payments. By using this Site, you consent to Seat Holder’s Terms and Conditions and Privacy Policy for all users who access or use the Site as outlined therein. Accordingly, please exit this site if you disagree with these terms.
Grant of License
This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the content available on or from the Site solely for your personal, noncommercial use. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, you warrant to Seat Holder that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Acceptance of Terms
By accessing, viewing or using this Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. You represent and warrant that you are of sufficient legal age to use this Site, or agree to supervise minors who use this Site, and that you will be bound to any legal obligations you may incur as a result of using this Site. Please note that Seat Holder reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
Acceptable Site Use
By using the Site, you understand that you are prohibited from:
- Violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", and (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than through use of the search agents available on this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Internet Explorer, Google Chrome, Bing, Safari).
- Posting on or transmitting through any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
Your Account
By using this Site, you warrant that you own the content and information that you post and that you grant Seat Holder a royalty-free, perpetual, irrevocable, nonexclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval, consideration, or compensation, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. While we may edit and make formatting changes to your content (such as translating it, modifying its size, layout, file type or the like), we will not modify the meaning of your expression. You hereby waive any claim to the contrary.
Enforcing Security
Actual or attempted unauthorized use of this Site, including the tampering with of any system or network security protections, may result in criminal and/or civil prosecution. For your protection, Seat Holder reserves the right to view, monitor, and record activity on this Site without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on this Site. Seat Holder will also comply with all court orders involving requests for such information.
Links to Other Sites
The Site may provide links, in its sole discretion, to other sites on the Internet for your convenience in locating related information and services. These sites have not necessarily been reviewed by Seat Holder and are maintained by third parties over which Seat Holder exercises no control. Accordingly, Seat Holder expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
Interaction with Third Parties
Seat Holder may post third party generated material on this Site, including, but not limited to, promotions of advertisers, venues, or sponsors displaying their goods and services on this Site. Your interactions, purchases, participation in, or any other dealings with third parties found on this Site are solely between you and any such parties. You agree that Seat Holder shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site. Moreover, Seat Holder shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of any advertisement.
Password Policy
Your use of certain portions of this Site requires a password. Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through this Site using your password. You will also immediately notify Seat Holder if you become aware of any loss or theft of your password or any unauthorized use of your Password. Seat Holder reserves the right to delete or change a password at any time and for any reason.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Seat Holder has endeavored to create a secure and reliable Site, please be advised that the confidentiality, truthfulness, accuracy, or reliability of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Seat Holder and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.
Disclaimers
While Seat Holder, through the Site, endeavors to provide the most accurate, up-to-date materials available, the information, materials, tickets, and services available on this Site may include inaccuracies or typographical errors that may affect the quality of the information, products or third-party content contained on this site. Moreover, Seat Holder may make modifications and/or changes to this site or to the information, materials, products, and services described in this site at any time, for any reason. You assume the sole risk of making use and/or relying on the information, materials, products, and services available on this Site, including but not limited to third-party content, materials, products, and services linked to, downloaded from, distributed through or accessed from this website. Seat Holder makes no representations about the suitability, quality, completeness, timeliness, currency, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained on this site, including but not limited to third-party content, materials, products, and services linked to, downloaded from, distributed through or accessed from this website for any purpose. All such information, materials, products, and services are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall Seat Holder be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site or with the delay or inability to use this Site, or for any information, materials, products, and services offered or provided through this Site, or otherwise arising out of the utilization of this Site, whether based in contract, tort, strict liability, or otherwise, even if Seat Holder has been advised of the possibility of damages. Where particular states’ or jurisdictions' laws do not allow the exclusion or limitation of liability for consequential or incidental damages, the total liability for Seat Holder for any reason whatsoever related to use of this site shall not exceed the amount of one hundred ($100) dollars.
Events Beyond the Control of Seat Holder
You expressly absolve and release Seat Holder from any claim of harm resulting from a cause beyond Company’s control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, event cancellations, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of terror or governmental restrictions.
Class Action Waiver
Please note that your use of any of this Site is voluntary, and that by using it you agree that any dispute related to your use of this Site is subject to mandatory arbitration, as set forth in the arbitration policy below. You further agree that you waive all rights to a class action format for your use of this Site. If you do not agree with these terms and conditions, you are not granted permission by Seat Holder to access or otherwise use this Site. Accordingly, please exit this Site if you disagree with these terms.
Arbitration
Any civil action, claim, dispute or proceeding arising out of or relating to this Site, your use of this Site, or this Site’s Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Detroit, Michigan. As such, you do not have the opportunity to go to court to assert or defend your rights and you expressly give up your right to participate in or bring class actions. You and Seat Holder shall select the arbitrator, and if unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited the necessary and required deposit with the office of the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and your respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall you be entitled to punitive, special, indirect or consequential damages and you hereby waive your respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, value or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Detroit, Michigan.
Indemnity
You agree to defend, indemnify, and hold harmless Company and its affiliates and all of their respective administrators, executors, legal representatives, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of this Site or any breach by you of this Agreement.
Governing Law
This Agreement has been made in and will be construed and enforced in accordance with Michigan law, as applied to agreements entered into and completely performed in Michigan. Any action to enforce this Agreement will be brought in the federal or state courts residing in Detroit, Michigan and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Seat Holder, LLC from its offices within the United States. Seat Holder makes no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
Intellectual Property Rights
The contents of this Site are the property of Seat Holder and, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national and international laws and regulations. Except as provided herein, Seat Holder does not grant any express or implied rights to you. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part.
The Company name, and all other identifying names, logos, and icons are the proprietary marks of Seat Holder, LLC. Other product and company names mentioned herein are the trademarks of their respective owners.
Submissions
Seat Holder welcomes your feedback and suggestions about how to improve this Site. Any such ideas, suggestions, information, know-how, material, or similar content (collectively, "content") received through this Site, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Seat Holder to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval, consideration, or compensation, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
Term and Termination
This Agreement will take effect at the time you begin using this Site (thereby indicating acceptance of these Terms and Conditions). Seat Holder reserves the right at any time and for any reason to deny you access to this Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Seat Holder of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
No joint venture, partnership, employment, or agency relationship exists between you and Seat Holder as a result of this Agreement or your utilization of this Site.
Severability
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, arbitration venue and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Entire Agreement/Reservation of Rights
These Terms and Conditions and Seat Holder’s Privacy Policy, which is hereby incorporated as if set forth fully in these Terms and Conditions, represents the entire agreement between you and Seat Holder and the Site with respect to your use of any material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Seat Holder with respect to this Site. Any rights not expressly granted herein are reserved.
Privacy Policy
Use of Personal Information
Personal information is information that can be used to identify you, or any other individual to whom the information relates, personally. Seat Holder collects personal information from users on a voluntary basis. This information allows us to provide users with private and secure areas to post and modify their original content on our Site. If you give us permission, we may also use that information to make you aware of additional products and services of Seat Holder or trusted third parties which may be of interest to you, or to contact you regarding site changes. Seat Holder may also provide such information to subsidiaries, affiliates and other trusted third parties with whom we have alliances in connection with providing products or services that you have requested or otherwise with your permission, subject to the terms of this Privacy Policy.
Type of Information We Collect
We collect the following general types of information about you when you visit our Site: personal information, demographic information, and indirect information. Sometimes we collect combinations of all these types of information. Some examples of personal information that we collect in some areas of our Site, depending on the services you use and local law, are: your name; birth date; address; e-mail address; telephone number; contact information; and information about third parties, such additional ticketholders or contacts, that you provide to us if you have their express written consent to do so.
All users should be aware, however, that when they voluntarily display or distribute personal information (such as their e-mail address), that information may be collected and used by others. This may result in unsolicited messages from or other uses by third parties, for which Seat Holder is not responsible.
Seat Holder also collects, or logs, certain other information that cannot identify you personally when you visit our Sites. This information includes your Internet Protocol ("IP") address and your domain name. Seat Holder aggregates and logs this information for system administration and to monitor the use of our site. We may use the aggregated information to measure the number of visits to our site, the average time spent on our site, the number of pages viewed, and various other site use statistics. Such monitoring helps us evaluate how our Sites are used and continuously improve the content we provide.
In addition, Seat Holder may collect indirect information about you when you use certain third party services on our Sites. For example, if you register on our Site by using your Facebook account, you authorize us to have access to and store the information from your Facebook account profile; such information will be subject to, and treated in accordance with, the policies and practices
described in this Statement.
Seat Holder may employ a tool called “Google Analytics”, and its "Display Advertising", "Remarketing" and "Demographics and Interest Reporting" features. We and third party vendors, including Google, use first party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based upon your past visits to our Site. We may use Demographics and Interest Reporting to obtain demographic data of our users including a user's
age, gender, language, and interests. We may use this data for general marketing knowledge, and to tailor our service offerings and advertising. You can change your preferences at https://www.google.com/settings/ads.
How Information is Used
By registering with Seat Holder, by managing your profile, or expressly opting in when presented with choices, you have consented for us to use your information, subject to local law, activities including but not limited to the following ways: to allow you to create an account; to create a profile for you based on information that you have provided to us; to contact you about Site updates, informational and service-related communications, including important security updates; to provide you additional communications, information, and promotions such as newsletters and events near you; to inform you of other products or services available from Seat Holder or its affiliates; to enable you to provide feedback, to contact us and for us to respond to you; to conduct surveys, questionnaires, promotions and contests, and to provide the results thereof such as success stories and contest winners; and to generate internal reports about the use of our site.
By providing your personal information for inclusion in our database, you acknowledge that you consent to your information being used as described here. While Seat Holder takes measures to safeguard your information from unauthorized access or inappropriate use by third parties, Seat Holder does not control these third parties and we are not responsible for their use of information you post or otherwise make available in public areas of the Site. Accordingly, you should ensure that you do not post sensitive information to any Site.
Disclosure of Information to Others
We disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith – after considering your privacy interests and other factors – that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public. Because Seat Holder is a U.S. company and information collected on our Sites is stored in whole or in part in the United States, your information may become subject to U.S. law.
Modifying or Deleting Your Account
Seat Holder gives users the continuous ability to change and modify information previously provided by accessing and updating their personal information through their account. Users also have the ability to remove their information from our database. Seat Holder may retain archival copies of the information that is not accessible online and will not be used for commercial purposes. We may also retain logs, demographic, indirect, and statistical information about you and keep an archival copy of this information in an anonymized form. This information will not be used for commercial purposes. If your personal information was previously accessed by others using our Site, we are not able to delete the information or copies thereof from their systems.
If you wish to delete or close your account or account profile information altogether, please click link to contact us mailto:seatholdercustomerservice@gmail.com.
Account Security
You are responsible for ensuring that your log-in credentials (your username and password) are kept confidential. The Internet is an open system and we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
Changes to Privacy Statement
If we decide to change the substance of our Privacy Statement, we will, where required, contact you via the email address that you maintain in your profile. We will also post those changes through a prominent notice on the Site so that you will always know what information we gather, how we might use that information, and to whom we will disclose it.
Legal and Contact Information
If, at any time, you have questions or concerns about this Privacy Statement or believe that we have not adhered to this Privacy Statement, please feel free to email us seatholdercustomerservice@gmail.com.
Use of Cookies
Seat Holder may use cookies, web beacons, or similar technologies to help personalize and maximize your online experience and time online. You have the ability to accept or decline these or similar technologies at any time by modifying your browser settings. If you choose to decline, however, that may hinder performance and negatively impact your experience on the Site.
Third Party Interaction
As a user of Seat Holder and Site, you may interact with, purchase goods and/or services, or participate in promotions of advertisers, venues, partners, or sponsors showing their goods and/or services on the Site. Unless otherwise stated, any such interaction, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Seat Holder and its affiliates and all of their respective administrators, executors, legal representatives, successors and assigns have no liability, obligation or responsibility for any such interaction, purchase or promotion between you and any such third party.
Links
The Site may contain links to other websites over which we have no control. Seat Holder is not responsible for the privacy policies or practices of other websites to which you choose to link from this site. We encourage you to review the privacy policies of those other websites so you can understand how they collect, use and share your information.
Class Action Waiver
Please note that your use of this Site is voluntary, and that by using them you agree that any dispute related to your use of this Site is subject to mandatory arbitration, as set forth in the arbitration policy in the Terms and Conditions Policy. You further agree that you waive all rights to a class action format for your use of this Site. If you do not agree with these terms, you are not granted permission by Company to use this Site.
Revocation of Consent
If you wish to revoke your consent to our Privacy Statement, please click link to contact us mailto:seatholdercustomerservice@gmail.com. However, please note that if you do withdraw your consent, you may not be able to use the relevant services and your account and profile information will be deleted.
Entire Agreement/Reservation of Rights
This Privacy Policy, along with the Seat Holder Terms and Conditions, which are hereby incorporated as if set forth fully in this Privacy Policy, represents the entire agreement between you and Seat Holder with respect to your use of any material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Seat Holder with respect to this Site. Any rights not expressly granted herein are reserved.