Terms and Conditions
Seekers and Guides, LLC. (“Seekers and Guides”, “us” or “we”), owns and operates this website (“Site”). These Terms of Use (“Terms”) constitute a legally binding agreement made by and between Seekers and Guides and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you” or “User”). The Terms govern your use of the services we make available on this Site (“Services”).
Supplemental terms may apply to the use of the Site and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms shall be deemed a part of, the Terms for the purposes of the applicable Services. In the event of a conflict between these Terms and the Supplemental terms, the Supplemental terms shall prevail over these Terms.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY OUR PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA. AND YOU CONSENT TO SUCH COLLECTION, USE, AND DISCLOSURE.
IF YOU DO NOT AGREE TO OUR TERMS, INCLUDING BEING OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us by email at support@seekersandguides.com.
1. GENERAL
1.1 Eligibility. To use the Site you must be, and by using the Site you represent and warrant that you are, of legal age (18 years of age or older) and competent. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
1.2 Permission to Use the Site. Subject to your compliance with these Terms, you are granted a personal, limited, non-exclusive, non-transferable, and revocable right to access the Site and use the Services for your use as intended by, and in accordance with, these Terms. Seekers and Guides reserves the right, but has no obligation, to monitor the Site to confirm compliance with these Terms.
1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (c) interfere with or damage the Service, Site, or any underlying technology; (d) impersonate or misrepresent your identity or affiliation; (e) attempt to obtain unauthorized access to the Service or Site; (f) collect information about users of the Site or the Service without the users’ written approval except as provided herein; (g) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (h) violate any law, rule, or regulation, or (i) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Site.
1.4 Additional Terms. Seekers and Guide’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.
2. ACCOUNT REGISTRATION; ACCOUNT USE
2.1 Account Registration. To access the Services through the Site, you must become a registered user of the Site (“Registered User”). To become a Registered User, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may require you to change your username if we believe it is appropriate (such as in response to a trademark claim).
2.2 Security of Your Account. You agree to notify Seekers and Guides immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Seekers and Guides or a third party due to someone else using your account.
2.3 No Obligation to Retain a Record of Your Account. Seekers and Guides has no obligation to retain any data, records or other information, including, without limitation, any information that you uploaded or otherwise saved through the use of your account or the Services.
2.4 Membership. Seekers and Guides provides Practitioners (defined below) several different membership options. The features and availability of membership options and benefits may change from time to time at the sole discretion of Seekers and Guides. We will attempt to provide reasonable notice of any changes in advance by posting a notice on the Site.
3. RELATIONSHIPS
3.1 Between Client and Practitioner. Services may be performed by persons to Users. Those providing such services are referred to as “Practitioners” and Users who are their customers are referred to as “Clients”. Upon booking confirmation, the Client agrees to purchase, and the Practitioner agrees to perform the Services in accordance with the following agreements: (a) any agreement directly between Client and Practitioner, (b) these Terms, and (c) any other content uploaded to the Site by Seekers and Guides (collectively, an “Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms. Any provision of an Agreement that is in conflict with these Terms is void. Client is responsible for managing, inspecting, accepting and paying a Practitioner for satisfactory Services in accordance with their Agreement in a timely manner. Client and Practitioner each covenant and agrees to act with good faith and fair dealing in performance of their Agreement.
3.2 Between Registered Users and Seekers and Guides.
3.2.1 General. Seekers and Guides is not a party to the dealing, contracting and fulfillment of any Services between a Client and a Practitioner. Seekers and Guides has no control over and does not guarantee the quality, safety or legality of any Services performed, advertised, the truth or accuracy of Practitioner listings, the qualifications, background, or abilities, the ability of Practitioners to perform Services, the ability of Clients to pay for Services, or that a Client or Practitioner can or will actually complete the Services. Seekers and Guides is not responsible for and will not control the manner in which a Practitioner operates and is not involved in the hiring, firing, discipline or working conditions of the Practitioner. All rights and obligations for the purchase and sale of Services are solely between a Client and a Practitioner. Seekers and Guides will not provide any Practitioner with any materials, equipment, or facility to complete any Services. Clients and Practitioners must look solely to the other for enforcement and performance of all the rights and obligations arising from any Agreement and any other terms, conditions, representations, or warranties associated with such dealings. Client acknowledges and agrees that Seekers and Guides does not supervise, direct or control a Practitioner’s Services or the Services in any manner. Client and Practitioner each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Agreement. Clients and Practitioners further agree that Seekers and Guides has the right to take such actions with respect to any Agreement or their Seekers and Guides accounts, including without limitation, suspension, termination, or any other legal actions, as Seekers and Guides in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site. PRACTITIONER AND CLIENT ASSUME ALL RISK IN CONNECTION WITH THE SERVICES BETWEEN PRACTITIONER AND CLIENT, INCLUDING THE SAFETY AND CONDUCT OF ANY PRACTITIONER OR ANY CLIENT. SEEKERS AND GUIDES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF THE CLIENT OR PRACTITIONER OR BOTH, AS APPLICABLE.
3.2.2 Background, Certification and Reference Checks. Seekers and Guides does not employ, recommend or endorse any Practitioner or Client, nor is it responsible for the conduct of any Practitioner or Client. Seekers and Guides provides a tool to connect Practitioners and Clients. Client acknowledges and agrees that Client is responsible for determining if the Practitioner they hire is qualified to perform the desired Services and for complying will all applicable laws in connection with the relationship and Services.
3.2.3 Agency. These Terms and any registration for or subsequent use of this Site by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between any person and Seekers and Guides, except and solely to the extent expressly stated.
4. FEES AND PAYMENTS
4.1 Fees.
4.1.1 Membership Fees. Seekers and Guides charges Registered Users on going membership fees to be able to access most of the features on our Site.
4.1.2 Booking Fees. Booking Fee. Seekers and Guides charges to Client a Booking Fee on all scheduled sessions in an amount indicated at the time of booking.
4.1.3 Fee Adjustments. We reserve the right to change any fee that may be charged by Seekers and Guides at any time, at the sole discretion of Seekers and Guides and upon reasonable notice posted in advance on the Site.
4.1.4 No Refunds. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms, at any time, we will not refund the membership fee already paid.
4.2 Payments.
4.2.1 By providing Payment Method information through the Site, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information; (b) you are legally authorized to perform payments using the payment method(s) selected (each a “Payment Method”); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method via the Site, you represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Terms cannot be collected from Client’s Payment Method(s), you are solely responsible for paying such amounts by other means and are responsible for any and all costs of collection (including legal fees and expenses) to the extent permitted by law. All financial transactions will be processed by our third-party payment processor, currently, Stripe Inc. and Paypal. Please review their terms of use and privacy policies at their sites to better understand their practices. If you have any billing questions, please contact us at support@seekersandguides.com.
4.2.2 Taxes. Registered Users are responsible for payment and reporting of any taxes arising from the use of Site or Services. Practitioners are solely responsible for the timely and accurate entry and submission of charges for the Services they provide to Clients (including all applicable sales, use and other taxes, for which Practitioners or Clients are responsible to calculate, request payment of, collect and remit to the appropriate tax authorities) utilizing the Services. Such invoices shall reflect that the sums due are solely for the Services provided by Practitioners, and not for any Services of Seekers and Guides, and that Seekers and Guides is not considered to be an agent, reseller or co-vendor with Practitioner with respect to the Services. Each Practitioner agrees to indemnify and hold Seekers and Guides harmless from any and all claims by any tax authority that Seekers and Guides is liable for sales tax on any sums paid for Practitioner’s Services. Each Practitioner agrees that to the extent Seekers and Guides is assessed a tax for any Services to a Client, Seekers and Guides is entitled to immediate reimbursement from Practitioner or Client of any such and to the fullest extent permitted by law, Seekers and Guides is authorized to charge and collect such amount through Practitioner's Payment Method(s).
4.2.3 Authorized Payments are Final. Your use of the Site constitutes your agreement to pay for any amounts which you authorize us to obtain payment through your selected Payment Method (e.g., charge PayPal or your credit card). Such payments, once authorized, are final. Youhereby release Seekers and Guides from any and all liability with respect to such payment.
4.2.4 Fraud and Error. Seekers and Guides reserves the right to seek reimbursement from you, and you will reimburse Seekers and Guides, if Seekers and Guides discovers a fraudulent transaction, erroneous or duplicate transaction, or if Seekers and Guides receives a chargeback or reversal from any Payment Method for any reason. You agree to and acknowledge Seekers and Guide’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Seekers and Guides in an effort to investigate fraud. You agree that Seekers and Guides has the right to obtain such reimbursement by charging the Payment Method associated with your Seekers and Guides account or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of your Seekers and Guides account, without limitation of any other available rights or remedies.
4.2.5 Currency. All invoices and Payments operate in US Dollars.
5. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES
5.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software, applications and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Seekers and Guides and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. You do not obtain any ownership of or right in or to any Content, Marks, Site Design or Technology other than those expressly granted in these Terms. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology.
5.2 Third-party Content. The Site may contain information or content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Seekers and Guides is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
5.3 Third-party Services. Third parties may offer their services directly to you through the Site. If you utilize a third party’s services, it may require you to agree to their terms of service and/or privacy policy to use their service. Seekers and Guides cannot and will not have any liability for the acts or omissions of such third party, its terms of service or privacy policy or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that may result from accessing or using any third party’s services or products.
6. CONTRIBUTIONS TO SEEKERS AND GUIDES
Any content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. Content can include, without limitation, text, images, creative works , ideas, questions, reviews, comments and suggestions. The following terms apply to User Content:
6.1 License to Seekers and Guides. By sharing, submitting or uploading any User Content, you grant Seekers and Guides a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content. Pursuant to the preceding sentence, we will have no obligation to compensate you or anyone else in connection with the use, publication, distribution or transfer of any User Content.
6.2 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have with respect to User Content to prevent us from exploiting the rights granted in Section 6.1.
6.3 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you share, upload or otherwise make available through the Site. You represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Seekers and Guides the required rights to host, store and disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Seekers and Guides use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
6.4 No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence. We have the right to remove or edit any User Content for any reason or no reason at all.
7. INFRINGEMENT
7.1 Infringement Notification. You are prohibited from infringement of the copyrights of others. We may take down any content that we feel may infringe the copyright or other intellectual property rights of third parties, and we may remove, suspend, terminate access, or take other appropriate action against Users who we deemed to be repeat offenders.
7.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, you may send a notice of infringement by email to Seekers and Guides at
copyrights@seekersandguides.com
Any notice should include the following:
8.1 NO WARRANTIES. THE SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
SEEKERS AND GUIDES FURTHER:
DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY;
DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
DISCLAIMS ALL WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SITE;
MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED;
MAKES NO GUARANTEE OR PROMISE AS TO ANY RESULTS FOR ANY USER WILL OBTAIN FROM THE SITE OR SERVICES;
MAKES NO REPRESENTATION THAT THE SITE, ANY APPLICATION OR ANY THIRD PARTY SERVICE IS SECURE, FREE OF HARMFUL CODE (INCLUDING VIRUSES), OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
8.2 USE OF SITE AND SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF DATA OR CONTENT FROM THE SITE OR OTHERWISE.
8.3 SEEKERS AND GUIDES DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT 9-1-1. NOTHING CONTAINED ON THE SITE OR SERVICES OFFERED BY SEEKERS AND GUIDES SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE, DIAGNOSIS, OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR QUESTIONS PRIOR TO ENGAGEMENT OF ANY PRACTITIONER’S SERVICES.
8.3 THIRD-PARTY CONTENT AND WEBSITES. SEEKERS AND GUIDES WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES WHETHER OFFERED ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. SEEKERS AND GUIDES DOES NOT ASSUME RESPONSIBILITY FOR OR ENDORSE ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE. SEEKERS AND GUIDES WILL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY. IF YOU CLICK ON A LINK TO AN OUTSIDE WEBSITE, YOU ARE LEAVING THE SEEKERS AND GUIDES DOMAIN AND ARE SUBJECT TO THE PRIVACY AND SECURITY POLICIES OF THE OWNERS/SPONSORS OF THE OUTSIDE WEBSITE. SEEKERS AND GUIDES DOES NOT CONTROL NOR GUARANTEE THE ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS OF INFORMATION CONTAINED ON AN EXTERNALLY LINKED WEBSITE.
8.4 TRANSACTIONS WITH PRACTITIONERS. SEEKERS AND GUIDES WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND PRACTITIONERS. SEEKERS AND GUIDES WILL NOT BE A PARTY TO ANY SUCH TRANSACTIONS AND WILL NOT MONITOR THEM.
8.4 LIMITATIONS ON EXCLUSIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW OR OTHERWISE LIMIT THE EXCLUSION OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
9. LIMITATION OF LIABILITY
9.1 NO CONSEQUENTIAL DAMAGES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF SEEKERS AND GUIDES OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY “SEEKERS AND GUIDES” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE OR THE SERVICES. THIS LIMITATION IS INTENDED TO APPLY EVEN IF SEEKERS AND GUIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF, WHETHER THE CLAIM ARISES IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. IN FURTHERANCE OF THE FOREGOING, SEEKERS AND GUIDES WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
9.2 OUR LIABILITY IS LIMITED. TO THE EXTENT PERMITTED BY LAW, IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AGGREGATE AMOUNT ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100.
9.3 YOUR RIGHTS MAY VARY. SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
9.4 Data. Seekers and Guides will under no circumstances have any obligation to store, backup, retain, or grant access to any information or data for any period. Each User is solely responsible for the storage, backing up and maintenance of such User’s data.
10. INDEMNITY
You agree to defend, indemnify and hold harmless Seekers and Guides, its affiliates and their respective directors, officers, managers, employees and other representatives (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any service purchased by you on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other credentials; (d) arising from or related to our use of your User Content in the context of the Services or otherwise as provided in these Terms; (e) arising from a claim by you that a Practitioner has been misclassified and is or may be an employee of Seekers and Guides; (f) your failure to comply with applicable law; (g) arising from a claim that you have engaged in defamation, libel, or infringement of any intellectual property right or otherwise violated the rights of any third party; (h) arising from, related to, or connected with your use or misuse of the Site or Services; (i) arising from your failure to comply with your payment obligations incurred hereunder or through the use of any Service; or (j) arising from any acts or omissions by you as a Practitioner and/or Client, as applicable. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation are intended to extend to the fullest extent permitted by law and will survive any termination of these Terms and your use of the Site.
TERMINATION; SURVIVAL
11.1 Term. These Terms are effective unless and until terminated by you or us. .
11.2 Modification and Termination of Site and Services. We may terminate, modify or suspend the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you. These terms were last revised on July 1, 2021.
11.3 Suspension. We may suspend your access to the Site in whole or part at any time for any or reason.
11.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The provisions that by their nature should survive shall survive.
12. DISPUTES
You and Seekers and Guides agree that any dispute (collectively, “Disputes”) that arise between us relating in any way to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating in any way to Seekers and Guides will be resolved in accordance with the provisions set forth in this Section 12.
12.1 Informal Resolution. Before taking any formal action with respect to any Dispute, you agree to contact us at support@seekersandguides.com and to provide us with a written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
12.2 Applicable Law. United States federal law, and (to the extent not inconsistent with or preempted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Disputes.
12.3 Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by JAMS in accordance with JAMS Streamlined Arbitration Rules and Procedures (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms in this Section 12.3). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.7 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Seekers and Guides prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Seekers and Guides. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
12.8 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Seekers and Guides must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and Seekers and Guides agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
12.9 Opt-Out. IF YOU ARE A NEW SEEKERS AND GUIDES USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@SEEKERSANDGUIDES.COM EMAIL ADDRESS (“OPT-OUT NOTICE”) THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW SEEKERS AND GUIDES USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
12.10 Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: arbitrationoptout@seekersandguides.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
12.11 WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
12.12 STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Supplemental terms may apply to the use of the Site and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms shall be deemed a part of, the Terms for the purposes of the applicable Services. In the event of a conflict between these Terms and the Supplemental terms, the Supplemental terms shall prevail over these Terms.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY OUR PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA. AND YOU CONSENT TO SUCH COLLECTION, USE, AND DISCLOSURE.
IF YOU DO NOT AGREE TO OUR TERMS, INCLUDING BEING OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us by email at support@seekersandguides.com.
1. GENERAL
1.1 Eligibility. To use the Site you must be, and by using the Site you represent and warrant that you are, of legal age (18 years of age or older) and competent. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
1.2 Permission to Use the Site. Subject to your compliance with these Terms, you are granted a personal, limited, non-exclusive, non-transferable, and revocable right to access the Site and use the Services for your use as intended by, and in accordance with, these Terms. Seekers and Guides reserves the right, but has no obligation, to monitor the Site to confirm compliance with these Terms.
1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (c) interfere with or damage the Service, Site, or any underlying technology; (d) impersonate or misrepresent your identity or affiliation; (e) attempt to obtain unauthorized access to the Service or Site; (f) collect information about users of the Site or the Service without the users’ written approval except as provided herein; (g) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (h) violate any law, rule, or regulation, or (i) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Site.
1.4 Additional Terms. Seekers and Guide’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.
2. ACCOUNT REGISTRATION; ACCOUNT USE
2.1 Account Registration. To access the Services through the Site, you must become a registered user of the Site (“Registered User”). To become a Registered User, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may require you to change your username if we believe it is appropriate (such as in response to a trademark claim).
2.2 Security of Your Account. You agree to notify Seekers and Guides immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Seekers and Guides or a third party due to someone else using your account.
2.3 No Obligation to Retain a Record of Your Account. Seekers and Guides has no obligation to retain any data, records or other information, including, without limitation, any information that you uploaded or otherwise saved through the use of your account or the Services.
2.4 Membership. Seekers and Guides provides Practitioners (defined below) several different membership options. The features and availability of membership options and benefits may change from time to time at the sole discretion of Seekers and Guides. We will attempt to provide reasonable notice of any changes in advance by posting a notice on the Site.
3. RELATIONSHIPS
3.1 Between Client and Practitioner. Services may be performed by persons to Users. Those providing such services are referred to as “Practitioners” and Users who are their customers are referred to as “Clients”. Upon booking confirmation, the Client agrees to purchase, and the Practitioner agrees to perform the Services in accordance with the following agreements: (a) any agreement directly between Client and Practitioner, (b) these Terms, and (c) any other content uploaded to the Site by Seekers and Guides (collectively, an “Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms. Any provision of an Agreement that is in conflict with these Terms is void. Client is responsible for managing, inspecting, accepting and paying a Practitioner for satisfactory Services in accordance with their Agreement in a timely manner. Client and Practitioner each covenant and agrees to act with good faith and fair dealing in performance of their Agreement.
3.2 Between Registered Users and Seekers and Guides.
3.2.1 General. Seekers and Guides is not a party to the dealing, contracting and fulfillment of any Services between a Client and a Practitioner. Seekers and Guides has no control over and does not guarantee the quality, safety or legality of any Services performed, advertised, the truth or accuracy of Practitioner listings, the qualifications, background, or abilities, the ability of Practitioners to perform Services, the ability of Clients to pay for Services, or that a Client or Practitioner can or will actually complete the Services. Seekers and Guides is not responsible for and will not control the manner in which a Practitioner operates and is not involved in the hiring, firing, discipline or working conditions of the Practitioner. All rights and obligations for the purchase and sale of Services are solely between a Client and a Practitioner. Seekers and Guides will not provide any Practitioner with any materials, equipment, or facility to complete any Services. Clients and Practitioners must look solely to the other for enforcement and performance of all the rights and obligations arising from any Agreement and any other terms, conditions, representations, or warranties associated with such dealings. Client acknowledges and agrees that Seekers and Guides does not supervise, direct or control a Practitioner’s Services or the Services in any manner. Client and Practitioner each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Agreement. Clients and Practitioners further agree that Seekers and Guides has the right to take such actions with respect to any Agreement or their Seekers and Guides accounts, including without limitation, suspension, termination, or any other legal actions, as Seekers and Guides in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site. PRACTITIONER AND CLIENT ASSUME ALL RISK IN CONNECTION WITH THE SERVICES BETWEEN PRACTITIONER AND CLIENT, INCLUDING THE SAFETY AND CONDUCT OF ANY PRACTITIONER OR ANY CLIENT. SEEKERS AND GUIDES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF THE CLIENT OR PRACTITIONER OR BOTH, AS APPLICABLE.
3.2.2 Background, Certification and Reference Checks. Seekers and Guides does not employ, recommend or endorse any Practitioner or Client, nor is it responsible for the conduct of any Practitioner or Client. Seekers and Guides provides a tool to connect Practitioners and Clients. Client acknowledges and agrees that Client is responsible for determining if the Practitioner they hire is qualified to perform the desired Services and for complying will all applicable laws in connection with the relationship and Services.
3.2.3 Agency. These Terms and any registration for or subsequent use of this Site by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between any person and Seekers and Guides, except and solely to the extent expressly stated.
4. FEES AND PAYMENTS
4.1 Fees.
4.1.1 Membership Fees. Seekers and Guides charges Registered Users on going membership fees to be able to access most of the features on our Site.
4.1.2 Booking Fees. Booking Fee. Seekers and Guides charges to Client a Booking Fee on all scheduled sessions in an amount indicated at the time of booking.
4.1.3 Fee Adjustments. We reserve the right to change any fee that may be charged by Seekers and Guides at any time, at the sole discretion of Seekers and Guides and upon reasonable notice posted in advance on the Site.
4.1.4 No Refunds. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms, at any time, we will not refund the membership fee already paid.
4.2 Payments.
4.2.1 By providing Payment Method information through the Site, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information; (b) you are legally authorized to perform payments using the payment method(s) selected (each a “Payment Method”); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method via the Site, you represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Terms cannot be collected from Client’s Payment Method(s), you are solely responsible for paying such amounts by other means and are responsible for any and all costs of collection (including legal fees and expenses) to the extent permitted by law. All financial transactions will be processed by our third-party payment processor, currently, Stripe Inc. and Paypal. Please review their terms of use and privacy policies at their sites to better understand their practices. If you have any billing questions, please contact us at support@seekersandguides.com.
4.2.2 Taxes. Registered Users are responsible for payment and reporting of any taxes arising from the use of Site or Services. Practitioners are solely responsible for the timely and accurate entry and submission of charges for the Services they provide to Clients (including all applicable sales, use and other taxes, for which Practitioners or Clients are responsible to calculate, request payment of, collect and remit to the appropriate tax authorities) utilizing the Services. Such invoices shall reflect that the sums due are solely for the Services provided by Practitioners, and not for any Services of Seekers and Guides, and that Seekers and Guides is not considered to be an agent, reseller or co-vendor with Practitioner with respect to the Services. Each Practitioner agrees to indemnify and hold Seekers and Guides harmless from any and all claims by any tax authority that Seekers and Guides is liable for sales tax on any sums paid for Practitioner’s Services. Each Practitioner agrees that to the extent Seekers and Guides is assessed a tax for any Services to a Client, Seekers and Guides is entitled to immediate reimbursement from Practitioner or Client of any such and to the fullest extent permitted by law, Seekers and Guides is authorized to charge and collect such amount through Practitioner's Payment Method(s).
4.2.3 Authorized Payments are Final. Your use of the Site constitutes your agreement to pay for any amounts which you authorize us to obtain payment through your selected Payment Method (e.g., charge PayPal or your credit card). Such payments, once authorized, are final. Youhereby release Seekers and Guides from any and all liability with respect to such payment.
4.2.4 Fraud and Error. Seekers and Guides reserves the right to seek reimbursement from you, and you will reimburse Seekers and Guides, if Seekers and Guides discovers a fraudulent transaction, erroneous or duplicate transaction, or if Seekers and Guides receives a chargeback or reversal from any Payment Method for any reason. You agree to and acknowledge Seekers and Guide’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Seekers and Guides in an effort to investigate fraud. You agree that Seekers and Guides has the right to obtain such reimbursement by charging the Payment Method associated with your Seekers and Guides account or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of your Seekers and Guides account, without limitation of any other available rights or remedies.
4.2.5 Currency. All invoices and Payments operate in US Dollars.
5. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES
5.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software, applications and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Seekers and Guides and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. You do not obtain any ownership of or right in or to any Content, Marks, Site Design or Technology other than those expressly granted in these Terms. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology.
5.2 Third-party Content. The Site may contain information or content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Seekers and Guides is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
5.3 Third-party Services. Third parties may offer their services directly to you through the Site. If you utilize a third party’s services, it may require you to agree to their terms of service and/or privacy policy to use their service. Seekers and Guides cannot and will not have any liability for the acts or omissions of such third party, its terms of service or privacy policy or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that may result from accessing or using any third party’s services or products.
6. CONTRIBUTIONS TO SEEKERS AND GUIDES
Any content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. Content can include, without limitation, text, images, creative works , ideas, questions, reviews, comments and suggestions. The following terms apply to User Content:
6.1 License to Seekers and Guides. By sharing, submitting or uploading any User Content, you grant Seekers and Guides a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content. Pursuant to the preceding sentence, we will have no obligation to compensate you or anyone else in connection with the use, publication, distribution or transfer of any User Content.
6.2 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have with respect to User Content to prevent us from exploiting the rights granted in Section 6.1.
6.3 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you share, upload or otherwise make available through the Site. You represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Seekers and Guides the required rights to host, store and disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Seekers and Guides use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
6.4 No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence. We have the right to remove or edit any User Content for any reason or no reason at all.
7. INFRINGEMENT
7.1 Infringement Notification. You are prohibited from infringement of the copyrights of others. We may take down any content that we feel may infringe the copyright or other intellectual property rights of third parties, and we may remove, suspend, terminate access, or take other appropriate action against Users who we deemed to be repeat offenders.
7.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, you may send a notice of infringement by email to Seekers and Guides at
copyrights@seekersandguides.com
Any notice should include the following:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Seekers and Guides to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
8.1 NO WARRANTIES. THE SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
SEEKERS AND GUIDES FURTHER:
DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY;
DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
DISCLAIMS ALL WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SITE;
MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED;
MAKES NO GUARANTEE OR PROMISE AS TO ANY RESULTS FOR ANY USER WILL OBTAIN FROM THE SITE OR SERVICES;
MAKES NO REPRESENTATION THAT THE SITE, ANY APPLICATION OR ANY THIRD PARTY SERVICE IS SECURE, FREE OF HARMFUL CODE (INCLUDING VIRUSES), OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
8.2 USE OF SITE AND SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF DATA OR CONTENT FROM THE SITE OR OTHERWISE.
8.3 SEEKERS AND GUIDES DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT 9-1-1. NOTHING CONTAINED ON THE SITE OR SERVICES OFFERED BY SEEKERS AND GUIDES SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE, DIAGNOSIS, OR SUBSTITUTE FOR PROFESSIONAL CONSULTATION. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR QUESTIONS PRIOR TO ENGAGEMENT OF ANY PRACTITIONER’S SERVICES.
8.3 THIRD-PARTY CONTENT AND WEBSITES. SEEKERS AND GUIDES WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES WHETHER OFFERED ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. SEEKERS AND GUIDES DOES NOT ASSUME RESPONSIBILITY FOR OR ENDORSE ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE. SEEKERS AND GUIDES WILL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY. IF YOU CLICK ON A LINK TO AN OUTSIDE WEBSITE, YOU ARE LEAVING THE SEEKERS AND GUIDES DOMAIN AND ARE SUBJECT TO THE PRIVACY AND SECURITY POLICIES OF THE OWNERS/SPONSORS OF THE OUTSIDE WEBSITE. SEEKERS AND GUIDES DOES NOT CONTROL NOR GUARANTEE THE ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS OF INFORMATION CONTAINED ON AN EXTERNALLY LINKED WEBSITE.
8.4 TRANSACTIONS WITH PRACTITIONERS. SEEKERS AND GUIDES WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND PRACTITIONERS. SEEKERS AND GUIDES WILL NOT BE A PARTY TO ANY SUCH TRANSACTIONS AND WILL NOT MONITOR THEM.
8.4 LIMITATIONS ON EXCLUSIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW OR OTHERWISE LIMIT THE EXCLUSION OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
9. LIMITATION OF LIABILITY
9.1 NO CONSEQUENTIAL DAMAGES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF SEEKERS AND GUIDES OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY “SEEKERS AND GUIDES” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE OR THE SERVICES. THIS LIMITATION IS INTENDED TO APPLY EVEN IF SEEKERS AND GUIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF, WHETHER THE CLAIM ARISES IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. IN FURTHERANCE OF THE FOREGOING, SEEKERS AND GUIDES WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
9.2 OUR LIABILITY IS LIMITED. TO THE EXTENT PERMITTED BY LAW, IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AGGREGATE AMOUNT ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100.
9.3 YOUR RIGHTS MAY VARY. SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
9.4 Data. Seekers and Guides will under no circumstances have any obligation to store, backup, retain, or grant access to any information or data for any period. Each User is solely responsible for the storage, backing up and maintenance of such User’s data.
10. INDEMNITY
You agree to defend, indemnify and hold harmless Seekers and Guides, its affiliates and their respective directors, officers, managers, employees and other representatives (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any service purchased by you on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other credentials; (d) arising from or related to our use of your User Content in the context of the Services or otherwise as provided in these Terms; (e) arising from a claim by you that a Practitioner has been misclassified and is or may be an employee of Seekers and Guides; (f) your failure to comply with applicable law; (g) arising from a claim that you have engaged in defamation, libel, or infringement of any intellectual property right or otherwise violated the rights of any third party; (h) arising from, related to, or connected with your use or misuse of the Site or Services; (i) arising from your failure to comply with your payment obligations incurred hereunder or through the use of any Service; or (j) arising from any acts or omissions by you as a Practitioner and/or Client, as applicable. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation are intended to extend to the fullest extent permitted by law and will survive any termination of these Terms and your use of the Site.
TERMINATION; SURVIVAL
11.1 Term. These Terms are effective unless and until terminated by you or us. .
11.2 Modification and Termination of Site and Services. We may terminate, modify or suspend the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you. These terms were last revised on July 1, 2021.
11.3 Suspension. We may suspend your access to the Site in whole or part at any time for any or reason.
11.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The provisions that by their nature should survive shall survive.
12. DISPUTES
You and Seekers and Guides agree that any dispute (collectively, “Disputes”) that arise between us relating in any way to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating in any way to Seekers and Guides will be resolved in accordance with the provisions set forth in this Section 12.
12.1 Informal Resolution. Before taking any formal action with respect to any Dispute, you agree to contact us at support@seekersandguides.com and to provide us with a written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
12.2 Applicable Law. United States federal law, and (to the extent not inconsistent with or preempted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Disputes.
12.3 Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by JAMS in accordance with JAMS Streamlined Arbitration Rules and Procedures (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms in this Section 12.3). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.7 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Seekers and Guides prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Seekers and Guides. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
12.8 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Seekers and Guides must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and Seekers and Guides agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
12.9 Opt-Out. IF YOU ARE A NEW SEEKERS AND GUIDES USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@SEEKERSANDGUIDES.COM EMAIL ADDRESS (“OPT-OUT NOTICE”) THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW SEEKERS AND GUIDES USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
12.10 Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: arbitrationoptout@seekersandguides.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
12.11 WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
12.12 STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.