Terms And
Conditions
Last updated March 01, 2025
Agreement To Our Legal Terms
We are Seekway ("Company," "we," "us," "our"), a
company registered in Texas, United States
at 10700 Richmond Ave, Houston, TX 77042.
We operate the website https://seekway.social
(the "Site"), the mobile application Seekway
(the
"App"), as well as any other related products
and services that refer or link to these legal
terms
(the "Legal Terms") (collectively, the
"Services").
You can contact us by phone at 8006067618, email
at Support@go2pos.com, or by mail to
10700 Richmond Ave, Houston, TX 77042, United
States.
These Legal Terms constitute a legally binding
agreement made between you, whether
personally or on behalf of an entity ("you"),
and Seekway, concerning your access to and use
of
the Services. You agree that by accessing the
Services, you have read, understood, and agreed
to be bound by all of these Legal Terms. IF YOU
DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Services from time
to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole
discretion, to make changes or modifications to
these Legal Terms from time to time. We will
alert you about any changes by updating the
"Last updated" date of these Legal Terms, and
you
waive any right to receive specific notice of
each such change. It is your responsibility to
periodically review these Legal Terms to stay
informed of updates. You will be subject to, and
will be deemed to have been made aware of and to
have accepted, the changes in any revised
Legal Terms by your continued use of the
Services after the date such revised Legal Terms
are
posted.
The Services are intended for users who are at
least 18 years old. Persons under the age of 18
are not permitted to use or register for the
Services.
We recommend that you print a copy of these Legal
Terms for your records.
1. Our Services
The information provided when using the Services is
not intended for distribution to or use by
any person or entity in any jurisdiction or country
where such distribution or use would be
contrary to law or regulation or which would subject
us to any registration requirement within
such jurisdiction or country. Accordingly, those
persons who choose to access the Services from
other locations do so on their own initiative and
are solely responsible for compliance with local
laws, if and to the extent local laws are
applicable.
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all
source code, databases, functionality, software,
website designs, audio, video, text,
photographs, and graphics in the Services
(collectively, the "Content"), as well as the
trademarks, service marks, and logos contained
therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other
intellectual property rights and unfair competition
laws) and treaties in the United States and
around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your personal, non-commercial
use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and download or print a copy of
any portion of the Content to which you
have properly gained access,solely for your
personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or
otherwise
exploited for any commercial purpose whatsoever,
without our express prior written permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please
address your request to:
Support@go2pos.com. If we ever grant you the
permission to post, reproduce, or publicly
display any part of our Services or Content, you
must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or
is visible on posting, reproducing, or displaying
our Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal
Terms and your right to use our Services will
terminate immediately.
Your submissions and contributions
Please review this section and the
"PROHIBITED ACTIVITIES" section carefully prior to
using
our Services to understand the (a) rights you give
us and (b) obligations you have when you
post or upload any content through the Services.
.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or
other information about the Services
("Submissions"), you agree to assign to us all
intellectual
property rights in such Submission. You agree that
we shall own this Submission and be entitled
to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs,
message boards, online forums, and other
functionality during which you may create, submit,
post, display, transmit, publish, distribute, or
broadcast content and materials to us or through
the Services, including but not limited to text,
writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions,
personal information, or other material
("Contributions"). Any Submission that is publicly
posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by
other users of the Services and possibly
through third-party websites.
When you post Contributions, you grant us a license
(including use of your name, trademarks,
and logos): By posting any Contributions, you grant
us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license to:
use, copy, reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly
perform,
publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions
(including, without limitation, your image, name,
and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your
Contributions, and to sublicense the licenses
granted in this section. Our use and distribution
may occur in any media formats and through any media
channels.
This license includes our use of your name, company
name, and franchise name, as applicable,
and any of the trademarks, service marks, trade
names, logos, and personal and commercial
images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting
Contributions through any part of the Services or
making Contributions accessible through the
Services by linking your account through the
Services to any of your social networking
accounts, you:
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the
Services any Submission nor post any
Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful,
or misleading;
to the extent permissible by applicable law, waive
any and all moral rights to any such
Submission and/or Contribution;
warrant that any such Submission and/or
Contributions are original to you or that you have
the
necessary rights and licenses to submit such
Submissions and/or Contributions and that you
have full authority to grant us the above-mentioned
rights in relation to your Submissions and/or
Contributions; and
warrant and represent that your Submissions and/or
Contributions do not constitute confidential
information.
You are solely responsible for your Submissions
and/or Contributions and you expressly agree
to reimburse us for any and all losses that we may
suffer because of your breach of (a) this
section, (b) any third party’s intellectual property
rights, or (c) applicable law.
We may remove or edit your Content: Although we have
no obligation to monitor any
Contributions, we shall have the right to remove or
edit any Contributions at any time without
notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your
account and report you to the authorities.
3. User Representations
By using the Services, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such
information and promptly update such registration
information as necessary; (3) you have the
legal capacity and you agree to comply with these
Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not
access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services
for any illegal or unauthorized purpose; and(7)
your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and
refuse any and all current or future use of the
Services (or any portion thereof).
4. User Registration
You may be required to register to use the Services.
You agree to keep your password
confidential and will be responsible for all use of
your account and password. We reserve the
right to remove, reclaim, or change a username you
select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
5. Account Management
- Eligibility: You must be at least 18 years
old to use Seekway’s Services and be able to
form a binding contract.
- Account Creation: You may sign up using an
email, Facebook, LinkedIn, or Google
account. By doing so, you grant Seekway
access to publicly shared profile
information.
- Account Suspension: Seekway reserves the
right to suspend or terminate accounts that
violate these Terms, with or without
notice.
- Personal Use Only: The Services are intended
for personal use. Commercial use,
including marketing or solicitation, is
prohibited without prior authorization.
- Security: You are responsible for
maintaining the confidentiality of your
account
credentials. Notify Seekway immediately of
any unauthorized account activity.
user conduct to maintain a safe and respectful
community, users must:
- Avoid harassment, bullying, or
intimidation.
- Not solicit money or engage in fraudulent
activities.
- Only post content they have the right to
share.
- Not share illegal, obscene, or harmful
material.
- Not upload malicious software, including
viruses or malware.
- Not use the Services for unlawful or
misleading activities.
- Not use Seekway’s branding or content
without written permission.
- Be responsible for third-party requests made
through their account.
- Agree that Seekway may use submitted content
for marketing and communication
purposes.
6. Fees, Payments, And Offers
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
You agree to provide current, complete, and accurate
purchase and account information for all
purchases made via the Services.
You further agree
to promptly update account and payment
information, including email address, payment
method, and payment card expiration date, so
that we can complete your transactions and contact
you as needed.
Sales tax will be added to
the price of purchases as deemed required by us.
We
may change prices at any time. All
payments shall be in US dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable
shipping fees, and you authorize us to charge your
chosen payment provider for any such
amounts upon placing your order. We reserve the
right to correct any errors or mistakes in
pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per
person, per household, or per order. These
restrictions may include orders placed by or under
the same customer account, the same ayment method,
and/or orders that use the same billing or shipping
address. We reserve the
right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers,
resellers, or distributors.
7. Subscriptions
- Billing and Renewal
Your subscription will continue and
automatically renew unless canceled. You
consent to
our charging your payment method on a
recurring basis without requiring your prior
approval for each recurring charge, until
such time as you cancel the applicable
order.
The length of your billing cycle is monthly.
- Free Trial
We offer a __________-day free trial to new
users who register with the Services. The
account will be charged according to the
user's chosen subscription at the end of the
free trial.
- Cancellation
You can cancel your subscription at any time
by logging into your account. Your
cancellation will take effect at the end of
the current paid term. If you have any
questions
or are unsatisfied with our Services, please
email us at Support@go2pos.com.
- Fee Changes
We may, from time to time, make changes to
the subscription fee and will communicate
any price changes to you in accordance with
applicable law.
8. Software
We may include software for use in connection with our Services. If such software is
accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern
your use of the software. If such software is not accompanied by a EULA, then we grant to you
a non-exclusive, revocable, personal, and non-transferable license to use such software solely
in connection with our services and in accordance with these Legal Terms. Any software and
any related documentation is provided "AS IS" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any software except in
accordance with the EULA or these Legal Terms.
9. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another
person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or
the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
10. User Generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Services, and other users of the Services to use
your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the Services.
11. Contribution License
By posting your Contributions to any part of the Services or making Contributions accessible to
the Services by linking your account from the Services to any of your social networking
accounts, you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution
may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any Contributions; (2) to re-categorize any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your Contributions.
12. Guidelines For Reviews
We may provide you areas on the Services to leave reviews or ratings. When posting a review,
you must comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hateful language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable,
and sublicensable right and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.
13. Mobile Application License
- Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices
owned or controlled by you, and to access and use the App on such devices strictly in
accordance with the terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(2) make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a substitute for the
App; (8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices for use with the
App.
- Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Services: (1) the license granted
to you for our App is limited to a non-transferable license to use the application on a
device that utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as otherwise required under applicable law,
and you acknowledge that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the App; (3) in the event of any
failure of the App to conform to any applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in accordance with its terms and policies, may
refund the purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been designated by the
US government as a "terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application license contained in
these Legal Terms, and that each App Distributor will have the right (and will be deemed
to have accepted the right) to enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a third-party beneficiary thereof.
14. Social Media
As part of the functionality of the Services, you may link your account with online accounts you
have with third-party service providers (each such account, a "Third-Party Account") by either:
(1) providing your Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or grant us access to
your Third-Party Account, without breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the "Social Network Content") so that it is available
on and through the Services via your account, including without limitation any friend lists and (2)
we may submit to and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Services. You will have the ability to
disable the connection between your account on the Services and your Third-Party Accounts at
any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network
Content. You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between the Services and
your Third-Party Account by contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the username and profile picture
that become associated with your account.
15. Third-Party Websites And Content
The Services may contain (or you may be sent via the Site or App) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items belonging to
or originating from third parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Services or any Third-Party Content posted on, available through, or installed from
the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites
or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide
to leave the Services and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.
16. Advertisers
We allow advertisers to display their advertisements and other information in certain areas of
the Services, such as sidebar advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other relationship with advertisers.
17. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in
a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
18. Privacy Policy
We care about data privacy and security. By using the Services, you agree to be bound by our
Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in the United States. If you access the Services from any other
region of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through your continued use
of the Services, you are transferring your data to the United States, and you expressly consent
to have your data transferred to and processed in the United States.
19. Term And Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
20. Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update any
information on our Services. We also reserve the right to modify or discontinue all or part of the
Services without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of
the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in connection therewith.
21. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of the State of Texas applicable to agreements made and to be entirely performed
within the State of Texas, without regard to its conflict of law principles.
22. Dispute Resolution
- Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either
you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
- Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively resolved
by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration Rules
of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"),
both of which are available at the American Arbitration Association (AAA) website. Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration
will take place in Harris, Texas. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Services
be commenced more than one (1) years after the cause of action arose. If this provision
is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
that court.
- Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court.
24. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
24. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
25. Limitations Of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING OR . CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
26. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3)
breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
27. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such data
28. Electronic Communications, Transactions, And Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
29. Sms Text Messaging
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with
"STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or
received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email
us at Support@go2pos.com or call at 8006067618.
30. California Users And Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
31. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
32. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at: Seekway
10700 Richmond Ave
Houston, TX 77042
United States
Phone:
8006067618
support@go2pos.com