Polesitter Terms and Conditions
In using this application, you are deemed to have read and agreed to the following terms and conditions:
Contact Information
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "User", "You", and "Your" refers to you, the person accessing this application “app” and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company, Seaux Design LLC and Polesitter. "Party", "Parties", or "Us", refers to both the User and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing U.S. Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We regularly review our systems and data to ensure the best possible service to our customers. Laws are enacted for specific offences for unauthorized actions against computer systems, mobile phone systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Confidentiality
User records are regarded as confidential and therefore will not be divulged to any third party, other than our partners/vendor(s) and if legally required to do so to the appropriate authorities. Individual Users have the right to request sight of, and copies of, any and all User Records we keep in respect to that individual User, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer
By participating in an event in any capacity to include but not limited to showing at, participating in, purchasing items from, or attending any Polesitter event is at your own risk; you knowingly and willingly do so at your own risk.
Polesitter or Seaux Design LLC, event coordinator(s), and volunteers, all sponsors and vendors will not be held liable for damages, loss of property, injury of any degree, or death. By attending the event and/or drives, you, your heirs and assigns agree to NOT hold the Company or anyone else associated with the event liable for any damage, loss, injury, or anything else you, your property, or your guests may sustain or incur by participating in, or attending this event or any related event(s).
By participating in the event you agree to allow us to use photos and/or videos that are taken at the event or drive as the Company intends to use, i.e. for possible promotion for future drives, app postings, merchandise and/or promotional items, for the current drive and or for fundraising purposes now and in the future.
Exclusions and Limitations
The information in this app is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this app and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this app and/or the Company's literature; and
excludes all liability for damages arising out of or in connection with your use of this app. This includes, without limitation, direct loss, money, damage caused to your vehicle, phone, phone software, systems and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Safety
All users’ vehicle must be properly insured per the user’s local jurisdiction or country. All users of the app must obey all local traffic laws on your way to, from, and when participating in drives or events. All users of the app must drive safely at all times. All users of the app must be respectful of others attending the drives, the app staff and any and all surrounding neighbors.
Availability
You are solely responsible for evaluating the fitness for a particular purpose of any text available through this app. Redistribution or republication of any part of this app or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Authorized Uses
The Company grants the user a limited right to make the following uses of its copyrighted information from the app. ("Authorized Uses") You may reproduce the app content solely for your personal, noncommercial, educational, and informational use, and only if you keep such reproduced content intact with proper attribution and display of the copyright notice. Thus, you may download or print app content, provided you do so for an Authorized use and provided you do not delete or change any of the information, including copyright and trademark notices. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the app content.
Media should contact Corporate at help@seaux.design for permission to use the copyrighted information.
Authorized Use is not a transfer of title, and under this permission you may not:
(a) Alter the app content in any way;
(b) Use the app content for any public display (commercial or noncommercial) or for any purpose other than for Authorized Use;
(c) Remove any copyright, trademark, or other proprietary notations from the materials;
(d) Transfer the app content to another person, "frame" or "in-line link" the app content, "deep link" to the app content, or "mirror" the app content on any other server (Refer to our Linking page for related information);
(e) Copy or modify, redistribute, republish, upload, adapt, or reuse any of the text, graphics, or other app content, or any of the source code or HTML, swift code the Company uses to generate its app except as a part of an Authorized Use without prior written permission; or engage in any other conduct that violates the Copyright Act.
Authorized Use terminates automatically without notice if you breach any of this Agreement or any applicable law. Upon termination, you must immediately destroy any downloaded and/or printed app content.
7. Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
(a) Use any device or other means to harvest information about other Users.
(b) Transmit, install, upload, or otherwise transfer any virus, program, process, advertisement, communication, or other item to the app or related servers and networks.
(c) Post any material on the app that is offensive to any other User. The Company maintains the exclusive right to determine what is offensive.
(d) Post or store on the app any content that violates or infringes the intellectual property rights of others (including, but not limited to, copyrights, trademarks, trade secrets, patents and publicity rights).
(e) Modify the information found on the app.
(f) Engage in any action the Company determines is detrimental to the use and enjoyment of the app.
(g) Use the app for any unlawful or defamatory means.
(h) Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States, or post any information that could result in civil unrest.
(i) The app content should not be used in territories where the sale of products to which the content relates is not permitted.
Log Files
We use IP addresses to analyze trends, administer the app, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive applications or websites, this Company's app [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our app to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this app
If you create a link to a page of this app you do so at your own risk and the exclusions and limitations set out above will apply to your use of this app by linking to it.
Links from this app
We do not monitor or review the content of other party's apps which are linked to from this app. Opinions expressed or material appearing on such apps is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these apps. We encourage our users to be aware when they leave our app and to read the privacy statements of these apps. You should evaluate the security and trustworthiness of any other app connected to this app or accessed through this app yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. Copyright Notice and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this app. This Company's logo is a registered trademark of this Company.
Communication
We have several different e-mail addresses for different queries. Use the help link on our app or via Company literature or via the Company's stated email address listed at the top of this agreement.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of the United States govern these terms and conditions. By accessing this app, you consent to these terms and conditions and to the exclusive jurisdiction of the US courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the app will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our app. If there are any changes in how we use our app customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web app 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the User and us. Your accessing of this app indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.