Binding Agreement. This is a binding contract ("Terms") between you and Kaverk LLC ("we," "us," "our," "Kaverk," "SeeSpotBid"). These Terms apply whenever you use any of the sites, apps, products, or services ("Services") we offer, in existence now or created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.
Age Restrictions. The Services are not intended for users who are under the age of 13. In order to use the Services, you must be 13 years of age or older. By using, you represent and warrant that you are 13 years of age or older.
Affiliate Disclaimer. When you click on a link to a merchant site provided through our services, this can result in us receiving a commission. Affiliate programs include, but are not limited to, the eBay Partner Network.
Your Content and Permissions. Your use of our Services grants us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing your saved SeeSpotBid Search Alerts and usage data. This license extends to trusted third parties we work with.
Account Security. SeeSpotBid does not ask for, use, or store eBay credentials. You are responsible for safeguarding your eBay password and keeping your account information current. SeeSpotBid does allow the creation of a local account used for saving and retrieving user data, such as saved Search Alerts or purchased subscriptions. These account credentials consist of an email address and password. Passwords are never transmitted unencrypted, and only a secure hashed version is stored on our servers to be used for authentication.
Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of Services will be subject to the new Terms.
Our Intellectual Property. The Services and all materials contained therein, including, without limitation, Kaverk or SeeSpotBid logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Kaverk Materials") are the property of Kaverk LLC or its licensors or users and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Kaverk Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Kaverk, SeeSpotBid, or third-party trademarks.
Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.
Disclaimer of Warranties. Kaverk makes no warranties of any kind with respect to SeeSpotBid or your use of the Services and represents all capabilities “as-is” with no indications or guarantees to the veracity of displayed data, the availability or punctuality of scheduled searches of saved Search Alerts, or the delivery of scheduled Push Notifications.
Limitation of Liability. Kaverk shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of SeeSpotBid. As a condition of access to SeeSpotBid, you understand and agree that Kaverk’s liability shall not exceed $3.42.
Indemnification. You will indemnify, defend, and hold Kaverk, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of SeeSpotBid or (ii) your breach or alleged breach of any of these Terms. Kaverk may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Kaverk.
Arbitration Agreement. We both agree to resolve any disputes arising out of these Terms or your use of SeeSpotBid through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, Denver (CO), or any other location we agree to, and shall be conducted in the English language. The arbitrators' decision may be enforced in any court of competent jurisdiction. Kaverk will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys' fees, but Kaverk will not seek its attorneys' fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.
No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
Governing Law. You agree that these Terms, and your use of SeeSpotBid, are governed by Colorado law, in the United States of America, without regard to its principles of conflicts of law.
Source of Terms. This content has been adapted with permission from the Cloudup Terms of Service, which is released under the Creative Commons Sharealike License 4.0 and available on Github. We would like to thank their parent company Automattic for their generosity in sharing this and similar documents.