Seatout Terms of Service

Last updated on March 24th, 2016.

These terms of service (the “Terms”) govern your access to and use of Seatout (“we” or “our”) websites and services (the “Services”). Please read them carefully before using the Services.

By using the Services you are agreeing to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with Seatout. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.

Your Data

In order to use our Services you must link a 3rd party email account to your Seatout account. You retain full ownership to your Data. We do not claim any ownership to any of it.

You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it's your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others.

You acknowledge that Seatout has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.

Your Responsibilities

Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not Seatout, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.

You, and not Seatout, are responsible for maintaining and protecting all of Your Data. Seatout will not be liable for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of Your Data.

If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.

Account Security

You are responsible for keeping the password that you use to access the Services secure and you agree not to provide your password to any third party. You are responsible for all activity using your account, whether or not authorized by you. Accordingly, you should notify Seatout immediately of any unauthorized use of your account. You acknowledge that if you wish to protect Your Data when you are transmitting it to Seatout, it is your responsibility to use a secure encrypted connection to do so.

Software and Updates

Subject to these Terms, Seatout hereby grants you a limited, nonexclusive, nontransferable, non sublicensable, revocable license to use the Software, solely to access the Services. This license will be automatically revoked if you violate these Terms. We reserve all rights not explicitly granted in these Terms. You must not attempt to reverse engineer the Software or encourage or assist anyone else to do so; however, this restriction will not prohibit reverse engineering for interoperability in the European Union to the extent European Union law forbids such a restriction.

Beta

This site and the services are in beta release. Accordingly, some of the features of the site and services described may be not be available to you and the site and services may exhibit bugs and errors. By accepting these terms, you acknowledge and agree that use of the service may exhibit sporadic disruptions that have the potential to disrupt your use of the site in general and any services and/or materials that may be offered on or through the site. Seatout specifically disclaims all damages resulting from your use of any beta release.

Acceptable Use Policy

You may not use (or instruct others to use) the Services for any illegal, harmful or offensive purpose, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities and content include illegal, harmful, and fraudulent activities (e.g. advertising, gambling, pornography, fraudulent goods, 'make money fast' schemes, phishing, deceptive practices), content that deliberately misappropriates intellectual propery, and content that is defamatory, obscense, abusive, or otherwise objectionable.

For Businesses: By accepting reservations in Seatout, you assert that you are legally authorized to represent the business (e.g. business owner, general manager, authorized employee). Misrepresentation will result in termination of service. Seatout may not be used for goods and services which are prohibited by law or regulated.

For guests: By making reservations in Seatout, you assert that the information you provide is accurate. You may not use scripts, bots, or other methods of automation to create reservations.

Reservation Deposits and Payment Processing

Seatout uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.

For guests: Some businesses and restaurants may require a deposit to create a reservation. The deposit will be credited to your bill. Deposits are non-refundable and may not be exchanged. Depending on their policies, businesses and restaurants may not allow reservations to be rescheduled or moved. If you are unable to honor your reservation, you agree to forfeit the deposit amount.

Service Fees for Businesses

Service fees are charged to businesses and restaurants who choose to enable the reservation deposit feature. The fee structure is listed on our support site. Businesses which opt to charge a reservation deposit are responsible for delivering goods and services which credit the full deposit amount to the guest's bill. If a guest does not honor his or her reservation, the business is entitled to keep the full deposit amount, minus Seatout's fees.

We have no right to any funds transacted through the Services, except for service fees (explained above) or as otherwise specifically provided in these Terms. You may also be subject to fees from third parties for which we are not responsible, such as foreign transaction, exchange fees, or other costs imposed by your telecommunications or internet provider for accessing or using any of the Services.

Businesses are responsible for paying any applicable taxes or costs for your use of the Services, which are not payable to or through us.

If a guest's payment is subsequently reversed (i.e. a chargeback), you agree to directly pay or reimburse us for the reversed amount and associated fees by the payment processor.

Copyright Policy

Seatout respects intellectual property rights of others and asks that you do as well. We will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. Without limiting any other rights we may have, we may delete or disable access to content that is alleged to be infringing and terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: support@seatout.com

Other Content

The Services may contain links to websites or resources of others. We do not endorse and are not responsible or liable for their accuracy, availability, content, products, services, or anything else. You are solely responsible for your use of any such websites or resources.

Termination

You can stop using our Services any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others' use of the Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Data that is stored with the Service.

Seatout is provided "as-is," at your own risk, without express or implied warranty of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. Seatout will not be responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the services or software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, in no event will Seatout, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Seatout has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the services more than the greater of $20 or the amounts paid by you to Seatout for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you of any change (for example via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you are agreeing to be bound by the revised Terms. If you do not agree to the new terms, simply don't use the Service after the change is effective, in which case the change will not apply to you.

Terms

These terms and the use of the services and software will be governed by the State of Washington law. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the federal or state courts of Washington, and both parties consent to venue and personal jurisdiction there.

These Terms constitute the entire and exclusive agreement between you and Seatout with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Seatout's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted to reflect our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Seatout may assign its rights and obligations to any of its affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services.