Welcome to Sevensmith! Sevensmith is dedicated to bringing together artisans, craftspeople, designers and consumers and we are so happy to have you. Take a look around and enjoy yourself, but please follow our “house rules”.
This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the Sevensmith Platform.
1. Use of the Sevensmith Platform.
- Who can use it. You must be at least the age of majority in the state where you live to use the Site. Use of the Sevensmith Platform by anyone under 13 years of age is strictly prohibited!
- Acceptable Use Policy. When using the Sevensmith Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in Section 5 (our “Acceptable Use Policy”).
- Prohibited Products Policy. If you are a vendor or a seller who is authorized to offer products through the portion of the Sevensmith Platform that allows for the listing of Products for sale (the “Sevensmith Marketplace“), you agree to abide by our Prohibited Products Policy.
- Termination. You may close your account at any time by emailing us at [email protected] and requesting that we delete your account. We may permanently or temporarily suspend your use of the Site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Sevensmith policy [including Sevensmith’s Acceptable Use Policy (Section 5) or Prohibited Products Policy]. Upon termination of your use of the Site or service, certain provisions will survive termination, as detailed in Section 12(n).
- Feedback. We welcome your feedback and suggestions about how to improve the Sevensmith Platform. Feel free to submit feedback at [email protected] By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
2. Your Content.
- Definition of Your Content. The Sevensmith Platform enables you to post material, including without limitation photos, profile pictures, messages, and commentary. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All material that you display on the Sevensmith Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Sevensmith Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
- License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
- Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to Sevensmith product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Sevensmith Business Purposes. “Sevensmith Business Purposes” means any use in connection with a Sevensmith-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Sevensmith Platform, the services or the information it contains, Sevensmith, or its affiliates. Sevensmith Business Purpose specifically includes the use of Your Content on the Sevensmith Platform in connection with features and functions offered by Sevensmith to our users that enable them to view and interact with Your Content.
- Your Responsibilities for Your Content. By posting Your Content on the Sevensmith Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate Sevensmith’s Acceptable Use Policy (Section 5), Prohibited Products Policy, or Copyright Policy or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
- Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason [which may include a reported violation of our Acceptable Use Policy (Section 5) or Prohibited Products Policy, or Copyright Policy]. We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a Review, the requirements will be governed by our Review Policy (Section 7).
3. Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the Sevensmith Platform (specifically including, but not limited to our software, the Sevensmith marks, the Sevensmith logo, and Sevensmith buttons, badges, and widgets, but excluding Your Content), is the property of Sevensmith LLC, its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
- No Endorsement or Verification. Please note that the Sevensmith Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Sevensmith Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Sevensmith Platform by anyone.
- Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Sevensmith’s permission to you for your use of the Sevensmith Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Sevensmith Platform. You may view and print a reasonable number of copies of web pages located on the Sevensmith Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Sevensmith.
- Ownership. You acknowledge and agree that the Sevensmith Platform and Sevensmith marks will remain the property of Sevensmith. The content, information and services made available on the Sevensmith Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Sevensmith Platform.
4. Other Offerings on the Sevensmith Platform.
- Purchase of Goods through the Sevensmith Marketplace. Sevensmith and third-party sellers offer home goods, furniture, and other products for sale on the Sevensmith Platform through the Sevensmith Marketplace. If you purchase products on the Sevensmith Platform, your purchase is subject to the Sevensmith Marketplace Terms of Sale (Section 6). The availability of products sold by third-parties within the Sevensmith Marketplace does not imply our endorsement or verification of the products or their descriptions.
- Embedding Links. If you link to content on the Sevensmith Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.
- Third-Party Services. You may be provided the opportunity on the Sevensmith to purchase services that are offered by third parties (collectively “Third Party Services”), including those offered by professionals registered on the Sevensmith Platform. The availability of any Third Party Services on the Sevensmith Platform does not imply our endorsement of the Third Party Services.
5. Acceptable Use Policy.
As part of Sevensmith’s Acceptable Use Policy, you agree not to use the information, services or any other part of the Sevensmith Platform to attempt to take or to take any action or actions that:
- are contrary to Sevensmith’s public image, goodwill or reputation;
- promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;
- infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Sevensmith Platform, including, without limitation, by means of “hacking” or defacing any portion of the Sevensmith Platform;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sevensmith Platform;
- remove any copyright, trademark, or other proprietary rights notices contained in the Sevensmith Platform;
- “frame” or “mirror” any part of the Sevensmith Platform without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Sevensmith or its licensors or suppliers;
- interfere with the operation of the Sevensmith Platform, our provision of services to any other visitors to the Sevensmith Platform, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sevensmith Platform, overloading, “flooding”, “mailbombing” or “crashing” the Sevensmith Platform;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Sevensmith Platform or in any way reproduce or circumvent the navigational structure or presentation of the Sevensmith Platform or its contents, authentication and security measures;
- probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sevensmith Platform’s servers or any data not intended for you;
- forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Sevensmith Platform;
- access data not intended for you or logging on to a Sevensmith server or account, which you are not authorized to access;
- harvest or collect information about any Sevensmith Platform visitors or members without their express consent; and/or
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.
These prohibitions do not require Sevensmith to monitor, vet, review, police or remove any of Your Content or other information submitted by yourself or by any other user.
Violations of system or network security may result in civil or criminal liability. Sevensmith will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
6. Sevensmith Marketplace Terms of Sale.
You may be provided the opportunity on the Sevensmith Platform to purchase products that are offered, sold or manufactured by third parties (collectively “Products”). Such Products are available for purchase directly from third-party sellers (“Sellers”), as indicated by the “sold by” field on the Product listing. If you participate in the Sevensmith Marketplace, you agree to these terms of sale:
- No Endorsement or Verification. The availability of any Products on the Sevensmith Platform or in the Sevensmith Marketplace does not imply our endorsement of the Products. We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free.
- Product Reviews. Product listings may contain ratings and reviews obtained from third parties. Product reviews posted by Sevensmith users are solely the opinions of the posters. None of the Product reviews contain or reflect any opinions or views of Sevensmith.
- Order Acceptance and Cancellation Right. The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. We reserve the right to limit the order quantity on any item and/or to refuse service to any customer for any reason. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products on the Sevensmith Platform or through the Sevensmith Marketplace are subject to change. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
- Products Sold by Third Parties.
- Pricing. Prices for Products sold by Sellers are set by the Seller.
- Payments. Sevensmith acts as a payments processor on behalf of the Seller and does not act as your agent with respect to any payments for Products submitted via the Sevensmith Platform.
- Risk of Loss. For Products purchased from Sellers, the risk of loss and title for purchased Products pass from the Seller to buyer upon delivery. Sevensmith does not transfer legal ownership of any Products from Seller to you.
- Returns and Refunds. Products sold by Sellers are eligible for returns and refunds if and as indicated by the terms on the Product listing. Seller does not take title to returned Products until the Product arrives at the Seller’s correct address. The obligation to satisfy any indicated return and refund policy for a Product is between you and the Seller, and not with Sevensmith. At Seller’s discretion, a refund may be issued without requiring a return. In this situation, Seller does not take title to the refunded item.
- Customer Service Limitations. While we may help facilitate the resolution of disputes through our customer service team or various programs, Sevensmith has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of Product listings, or that a seller, manufacturer or supplier will satisfactorily honor the warranty offered by that party for a specific Product. Sevensmith does not take any responsibility for delays, non delivery, or other issues caused by customs clearance. Neither Sevensmith nor any Seller will be responsible for any damage caused by installation or attempted installation of any Product by you or any third-party.
7. Review Policy.
Sevensmith may enable you to post Reviews. Reviews are considered Your Content. By posting a Review, you acknowledge and agree that:
- You are not (a) a director, employee, officer, or principal (“Interested Party”) of the business whose products or services are the subject of the Review, (b) an Interested Party of a competitor of the business or individual whose products or services are the subject of the Review; or (c) related in any way, including by blood, adoption or marriage, to the business or individual whose products or services are the subject of the Review;
- Your Review is based upon your first-hand experience with the products, or business or individual whose services, are the subject of the Review;
- Your Review is accurate, truthful and complete;
- Your Review does not violate our Acceptable Use Policy (Section 5), including through libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content; as determined by Sevensmith in our sole and absolute discretion;
- If you have received monetary compensation or other incentive to write and submit a Review, it will be clearly and conspicuously stated in the text of your Review, even if the amount or value of such incentive is small;
- You will not use the posting or removing of your Review to demand payment from any business or individual, except that bona fide refund requests made in connection with a bad customer experience are acceptable.
8. Reporting Violations of Your Intellectual Property Rights, Sevensmith Policies, or Applicable Laws.
We have a special process for reporting violations of your intellectual property rights or other violations of Sevensmith policies or applicable laws.
- Copyright and Trademark Policy. We have adopted and implemented a Copyright Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Sevensmith Platform infringes your intellectual property rights, please read our Copyright Policy.
- Reports of Other Violations. If you believe content on the Sevensmith Platform violates our Acceptable Use Policy (Section 5), Prohibited Products Policy, or otherwise violates applicable law (apart from copyright or trademark violations), please contact us at [email protected].
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
9. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SEVENSMITH ENTITIES TO YOU.
THE “SEVENSMITH ENTITIES” MEANS SEVENSMITH LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE SEVENSMITH ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE SEVENSMITH ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE SEVENSMITH ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE SEVENSMITH ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE SEVENSMITH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
- NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE SEVENSMITH ENTITIES’ ENTIRE LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SEVENSMITH IN CONNECTION WITH A PARTICULAR PURCHASE YOU MAKE FROM THE SITE WHERE SUCH PURCHASE IS DIRECTLY RELATED TO THE ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold the Sevensmith Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to Sevensmith’s Acceptable Use Policy (Section 5) and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Sevensmith Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Sevensmith Platform or other websites to which the Sevensmith Platform is linked; and/or (d) your negligent or willful misconduct.
11. Dispute Resolution.
- Arbitration. You and Sevensmith agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the Sevensmith Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Sevensmith each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Sevensmith agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section 11 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” Section 11 will survive any termination of the Terms.
- Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
- Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
- Arbitration Location and Procedure. Unless you and Sevensmith agree otherwise, the arbitration will be conducted in the State of Delaware. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Sevensmith submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. For claims that exceed $10,000 and involve a hearing, you may elect for the hearing be conducted by telephone.
- Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
- Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
- Bringing a Claim. Any claim or cause of action you may have with respect to Sevensmith or the Sevensmith Platform must be commenced within one (1) year after the claim or cause of action arose.
- Notice for California Users. Under California Civil Code Section 1789.3, California users of the Sevensmith Platform are entitled to the following specific consumer rights notice: The services are provided by Sevensmith LLC, 304 S. Jones Blvd, Suite 2307, Las Vegas, NV 89107. If you have a question or complaint regarding the Service, please contact Sevensmith at [email protected] or by writing to our mailing address. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Supplemental Terms for Certain Services. Certain services offered on the Sevensmith Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, or offering products for sale in the Sevensmith Marketplace each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this agreement and the terms of that separate agreement, the terms of that separate agreement will control.
- Application Provider Terms. If you access the Sevensmith Platform through a Sevensmith application, you acknowledge that this agreement is between you and Sevensmith only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
- Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in the State of Delaware for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision above, does not apply.
- Export. Sevensmith software is subject to United States export controls. No software for Sevensmith may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
- Languages. English is the authoritative text of this agreement and all communications, notices, arbitrations and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this agreement into the native languages in certain countries.
- Assignment. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Sevensmith’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Sevensmith may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.
- No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between Sevensmith and you as a result of this agreement or your use of the Sevensmith Platform.
- Waiver. Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.
- Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Further Assurances. You agree to execute a hard copy of this agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this agreement and any of your rights or obligations under this agreement.
- Entire Agreement/ Severability. This agreement supersedes all prior terms, agreements, discussions and writings regarding the Sevensmith Platform and constitutes the entire agreement between you and us regarding the Sevensmith Platform. If any provision in this agreement is found to be unenforceable, then (except as expressly provided otherwise in Section 11(a) (Arbitration)) that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
- Survival: The following provisions will survive expiration or termination of this agreement: Section 2 (Your Content) Section 3(d) (Restrictions), Section 3(e) (Ownership), Section 9 (Disclaimers and Limitations of Liability), Section 10 (Indemnification), Section 11 (Dispute Resolution) and Section 12 (Miscellaneous).