Service Terms and Conditions
Seat Side Service, LLC
Service Terms and Conditions
Welcome! The Seat-Side-Service™ application available as a phone application or through the Company’s website, at www.seatsideservice.com (collectively, the “Application”), is owned and operated by Seat Side Service, LLC (the “Company” or “we” or "our" or "us") and is intended for its registered users. This Agreement describes the terms and conditions applicable to the services available through this Application and, in particular, your responsibilities. By downloading or accessing the Application, you agree (1) that you have the full power, capacity and authority to accept these terms, and (2) that you agree to be legally bound to these Service Terms and Conditions (this "Agreement"). If you do not agree with all of the terms and conditions of this Agreement, you may not use the Application.
We reserve the right, in our sole discretion, to amend, modify, or alter this Agreement at any time. We may ask you to accept such amended terms by means of clicking an “Accept” button the next time you access or use the Application. Any amended terms are effective immediately upon your acceptance.
1. Use of the Application. The Application is provided to registered users solely for personal, noncommercial purposes to make legitimate orders, purchases, or requests to purchase products and services (each, an “Order”) or to access and use other services available through the Application, such as in-application games, contests, and promotions. Any other use is prohibited, including, without any use for an unlawful purpose. By way of example, you may not use any features of the Application that permit communications or postings to communicate or post: (a) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; (b) any advertisement, solicitation, spam, chain letter, or other similar type of information; (c) any encouragement of illegal activity; (d) unauthorized use or disclosure of private, personally identifiable information of others; or (e) any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Moreover, you shall not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (ii) share, rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application or Content to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application or Content; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any Content, or features that enforce limitations on use of the Application; (v) delete the copyright and other proprietary rights notices on the Application; or (vi) engage in any fraudulent or illegal activity, violate any laws or third party rights, or violate the terms of this Agreement.
We grant use a limited, personal, non-exclusive, non-transferrable, non-assignable, revocable, object code license to access, download, and use the Application only as expressly permitted in this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void. We reserve all rights not expressly granted in this Agreement.
2. Content and Ownership. The information contained on the Application, including all images, designs, photographs, writings, graphs, data, software and other content ("Content") is the property of the Company and its third-party suppliers or providers (including, without limitation, food service providers, merchandise service providers, content providers and other suppliers that provide related services through this Application; such third parties collectively referred to as “Service Providers”), or their licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights. In addition, Seat-Side-Service™ is a trademark of the Company. Other product and company names and logos identified on the Application may be the trademarks of the Company, Service Providers, or a third-party. The use of any third-party trademarks on the Application, and the availability of specific goods and/or services from third-parties through the Application, is not an endorsement or sponsorship of the Application by such a third-party, and any such use is for referential purposes only.
3. Your Account. In order to use the Application, we require that you create an account by providing us with current, complete, and accurate information as requested by this Application. You may only create an account if you are 18 years old or older. It is your responsibility to maintain the currency, completeness and accuracy of your information. As part of the registration process, you will be asked to choose a password. It is entirely your responsibility to maintain the confidentiality of your password and your account. You may not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. The Company is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
4. Termination. We reserve the right to terminate user accounts for any reason and without notice. If we terminate your account, you are prohibited from creating a new account without our permission. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, the Company shall not be liable to you or any third-party for any termination of your account or access to the Application.
5. Mobile Usage Fees. We currently do not charge you for downloading the Application to your mobile device. Your mobile carrier or service provider, however, may charge fees for in-application data usage, messaging, phone calls, or other services available through the Application.
7. Warranties. THE APPLICATION, INCLUDING CONTENT, IS DISTRIBUTED "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AS SUCH, THE APPLICATION, INCLUDING CONTENT, MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS OR BE UNAVAILABLE. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THE APPLICATION OR YOUR ABILITY TO ACCESS THE APPLICATION OR ANY PORTION THEREOF. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. This waiver of warranty affects your specific legal rights; you may have rights which may vary depending upon where you are located. Some jurisdictions do not allow limitations on implied warranties, so the limitations above may not apply to you.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SERVICE PROVIDERS, LICENSORS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE APPLICATION AND ITS CONTENT (collectively, the "Covered Parties"), SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE APPLICATION, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER SUCH DAMAGES ARE CLAIMED IN TORT, CONTRACT OR OTHER ACTION, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COVERED PARTIES' COLLECTIVE LIABILITY FOR ANY CLAIM WHATSOEVER HEREUNDER (OR ASSOCIATED HEREWITH) EXCEED THE AMOUNT PAID BY YOU FROM ALL OF YOUR ORDERS THROUGH THE APPLICATION IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you.
9. Indemnification. You agree to defend and indemnify the Company and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of this Agreement, (b) your violation of the law or the rights of any third party, or (b) your use of the Application in violation of this Agreement.
10. Third Parties. You are responsible for all Orders submitted from your account, either with or without your knowledge. If you use the Application to submit an Order for or on behalf of a third party, such as a family member or friend, you are responsible for the Order, including, without limitation, the accuracy of information provided in connection with such Order including, without limitation, credit card and credit card holder information.
12. Third-Party Content and Services. To the extent the Application contains links or access to outside, third-party content and services, such third-party is solely responsible for such content and services. The Company makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability, or availability of any of such third-party content or services. If you choose to access any such third-party content and services, you do so at your own risk. The ability to access such third-party content and services through the Application does not constitute or imply the Company’s endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through such third-party.
13. Modification or Termination of Application. The Company reserves the right, in its sole discretion, to modify, suspend, or terminate the Application or any portion thereof, including any service or product available through the Application. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, the Company shall not be liable to you or any third-party for any termination of your access to the App.
14. Order Delays, Errors. While the Company will use its good faith efforts to respond to Orders within the time periods indicated on the Application and to deliver Order error free, no guarantee is made that the status of your Order will be made available to you within the stated processing time or will be error free. Neither the Company nor its Service Providers are responsible for any delays or errors in attempting to fulfill an Order beyond our control including, without limitation, error or delays in responding to an Order caused by technical problems beyond our control. In the event of an error in an Order, your sole remedy is a refund as to that portion of the Order that was in error. If you notify us of such error, and your credit card has already been charged, we will promptly issue a credit to your credit card account in the amount of the charge. In order to receive a credit for an incorrect Order, you must notify us within four (4) hours from the time the Order was submitted.
15. Pricing Errors. We endeavor to publish and maintain accurate prices, product item names, pictures and description, and information for the products and services offered through the Application. Our Service Providers provide us with the price and other information related to these products and services. In the event, however, that a product or service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or product or service information received from our Service Providers, we retain the right to refuse or cancel any Orders placed for such product or service. We shall have the right to refuse or cancel any such Orders whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Order is canceled because of incorrect Service Provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
16. Notifications. To the extent that we need to contact you regarding an Order, in addition to any in-application notification, you agree that we may contact you via text message or email.
17. Service Providers. You agree to abide by the terms or conditions of purchase imposed by any Service Provider, including, but not limited to, payment of all amounts when due and compliance with the Service Provider's rules and restrictions regarding availability and use of prices, products, or services. You understand that any violation of any such Service Provider's conditions of purchase may result in cancellation of your Order(s).
18. Products and Services.
(a) General. Products and services available through the Application are subject to the published conditions of purchase and rules of the applicable Service Provider. In addition, products and services can be subject to the local, state and federal laws or/and regulations governing the sale and preparation of such product
(b) Taxes and Fees. In connection with facilitating your Order, the Service Providers will charge you for the product cost and taxes and fees. Government (local, state and/or federal) imposed taxes and fees, any applicable Service Providers imposed fees and the Company’s fees are either included in your price or itemized separately on your checkout screen/page to provide a total purchase cost. Except as provided below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. The Service Provider will bill and collect applicable taxes and remit the portions related to the product cost directly to the appropriate jurisdictions and will remit to us the taxes associated with our fees. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by venue location. The Company’s convenience fees for fulfilling a Order are included in the amount of your Order. The convenience fee amount varies depending upon product items, venue, season, event, and other factors and applies to both products and services.
(c) Additional Rules and Restrictions. As some products are perishable in nature, except as provided in Section 14, all Orders for such product items are non-returnable, non-cancelable, and non-changeable. At the time your Order is accepted, your method of payment will be charged for the total order amount shown, regardless of whether or not you will have actually picked the ordered product items up. This rule will also apply regardless of whether or not you were present or absent from your seat to accept the requested the perishable product items in cases when attempted in-seat delivery was made. Once an Order is submitted, whether the product is perishable or non-perishable, it cannot be modified by you.
19. Miscellaneous. This Agreement will be governed by the internal laws of the State of Michigan. If any term, condition, or covenant set out in this Agreement shall be held invalid or unenforceable, the remaining terms and provisions hereof and the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. The Company may assign the benefit of or obligations under this Agreement to any person at any time. This Agreement (including the covenants and conditions set out herein) are made expressly and solely for the benefit of the specified party, and no other person shall be entitled to or deemed to be entitled to any benefits or rights hereunder, nor be authorized or entitled to enforce any rights, claims, or remedies hereunder or by reason hereof. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding among or between them with respect to such subject matter.