Last Modified: October 7, 2020
- Eligibility. In order to utilize the Services, you must become a registered customer. Please follow the steps specified in the Services to register. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. Minors under 18 years of age are not permitted to use our Services without the express written consent of a parent or legal guardian over the age of 18. If you are not eligible to use the Services or do not agree to these Terms, please do not use the Services.
- Usage Costs. Use of the Services may be made available through a web browser or an application running on a mobile device (including SMS). You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device or computer, including data usage fees and other telecommunications fees.
- Alerts and Notices. The Services may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Services. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time. Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices (“Pushes”) on your mobile device through the channels you sign up for. Since Alerts may include sensitive data, please be aware of the methods you choose for receiving Alerts. Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.
- Prohibited Conduct. By using the Service, you agree not to:
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- Disable or circumvent features that prevent or limit use or copying of any content, or reverse engineer or otherwise attempt to discover the source code of the Services or any part thereof;
- Perform any fraudulent activity including impersonating any person or entity, accessing the accounts of others without permission or falsifying your age or date of birth;
- Sell, distribute or otherwise transfer the access granted herein, any content made available through the Services or any Materials (as defined in Section 9 below) or any right or ability to view, access, or use any such content or Materials;
- Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; or
- Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
- Third-Party Services and Offers; Linked Websites. We may provide tools through the Services that enable you to export your information to third party services, including through features that allow you to link your account with us with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Services may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content or actions.
- Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Services will terminate automatically. Additionally, we, in our sole discretion, may terminate your user account on the Services or suspend or terminate your access to the Services at any time, with or without notice. We also reserve the right to modify or discontinue the Services at any time (including, without limitation, by limiting or discontinuing certain features of the Services) without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org.
- Changes to the Terms. We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Services. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
- Ownership; Proprietary Rights. The Services are owned and operated by PinSeeker or one of our third-party vendors and licensors. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (the “Materials”) provided by us are protected by all relevant intellectual property, proprietary rights, and applicable laws. All Materials or other content contained in the Services are the property of us or one of our third-party vendors or licensors. Except as expressly authorized by us you may not make use of such content or the Materials. All rights to such content and the Materials not granted expressly in these Terms are reserved. If you provide us with content protected by intellectual property rights (like photos or videos) through or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You also give us permission to use your name, images and content in connection with ads, offers, and other sponsored content and to include your name, images and content in other products and services we may offer to third parties, in some cases subject to the payment of fees to us by such third parties, without any compensation to you.
- Indemnity. You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless PinSeeker, its third party vendors and licensors and their respective officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Disclaimer; No Warranties
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES WHICH MAY BE ADVERTISED OR MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF THE PROVIDERS THEREOF.
YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR THIRD PARTY VENDORS AND LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE OR ANY OF OUR THIRD PARTY VENDORS AND LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT OUR AGGREGATE LIABILITY (TOGETHER WITH THAT OF OUR THIRD PARTY VENDORS AND LICENSORS) TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $500.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS CONTAINED IN THE TERMS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms shall be governed by the laws of the State of Kentucky without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Jefferson County, Kentucky for the purpose of litigating all such disputes.
Dispute Resolution and Arbitration
In the interest of resolving any disputes in the most expedient and cost effective manner, any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is typically less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ADDITION TO OTHER RESTRICTIONS AND LIMITS OF LIABILITY CONTAINED WITHIN THESE TERMS.
Notwithstanding the immediately preceding paragraph, nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to seek injunctive relief in a court of law.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or reputable overnight carrier (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Our address for Notice is 908 S 8th Street, 3rd Floor, Louisville, KY 40203. Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, either party may commence an arbitration proceeding.
Any arbitration hearings will take place at a location to be agreed upon in Jefferson County, Kentucky provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If this section of these Terms is found to be unenforceable, then it shall be stricken and the remainder of these Terms enforceable unless the stricken section materially changes the intent of the parties. Regardless, if the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 13 shall govern any action arising out of or related to these Terms.
Consent to Electronic Communications
Our corporate offices are located 908 S 8th Street, 3rd Floor, Louisville, KY 40203. You may contact us by sending correspondence to the foregoing address, by calling (502) 830-9301, or by emailing us at email@example.com.