Terms of Service
Welcome to Seshday.
Use of the Site:
- Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and /or harmful codes.
- Obtain unauthorized access to any computer system.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of Seshday.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities.
- Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
The Site is available to members who are 13 years and older, residents of the United States, and who have not been suspended or removed by Seshday for any reason. By becoming a member you represent that you are of legal age and that you reside in the United States. If you do not qualify, you may not use the Site. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site's registration form. Members may not have more than one active account.
Additional Terms and Conditions:
In the event a Seshday product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Seshday shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Seshday shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Seshday shall issue a credit to your credit card account in the amount of the incorrect price.
Term and Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Seshday without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Links to Third-Party Websites
No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
User Blogs. Chat Rooms, Message Boards
Seshday may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Seshday, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Any comments, ideas, notes, postings, messages suggestions or other communications or information posted on the Site submitted to Seshday, or otherwise communicated in connection with your use of the Site (collectively ,"Submissions") shall be and remain the exclusive property of Seshday with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO SESHDAY CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF SESHDAY. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO SESHDAY THAT SESHDAY IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SESHDAY, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. SESHDAY takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
Disclaimer of Warranty:
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, SESHDAY DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability:
IN NO EVENT SHALL SESHDAY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF SESHDAY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF SESHDAY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO SESHDAY IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING , IN NO EVENT SHALL SESHDAY OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF SESHDAY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss:
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Each claim or statement about the effectiveness of Seshday products and/or each claim or statement comparing the effectiveness of Seshday products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Seshday is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Seshday reserves the right to void all service, return, and other policies for orders and Seshday products that were purchased through unauthorized sellers. Seshday is not responsible for any representations by unauthorized sellers.
Unavailability of Site; Termination; Fraud:
Misuse, Fraud or Misrepresentation in connection with Seshday Promotions or Referral Credits program:
Seshday's referral Credits program is designed to reward existing members ("Sponsors") for referring new members to Seshday awarding the Sponsor Credits when the new member makes his or her first purchase. Accordingly, Sponsors are only entitled to receive referral Credits upon the initial purchase of Seshday merchandise by a new member introduced for the first time to Seshday by the Sponsor. The receipt by any Sponsor of referral Credits by any means other than as a result of the initial purchase of Seshday merchandise by a new member introduced to Seshday by the Sponsor shall be a violation of these terms and conditions, shall be null and void, subject to immediate cancellation, and may subject the member or Sponsor to civil and/or criminal penalties under applicable law.
In addition, from time to time Seshday may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Seshday by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
Copyright Infringement: Notice and Take Down Procedures:
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: Seshday, PO Box 12959 San Luis Obispo, CA 93406, firstname.lastname@example.org
Choice of Law and Forum:
By using this Site, you agree that Seshday, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Posted on May 1, 2012