Jiangxi Xingtai Technology Inc. and its affiliated brand (collectively, “SEEKINK”), own, operate and/or control a global network of websites and web pages. These Sites are provided to visitors and users of the Sites (collectively, “you” or “your”) only if you agree to these Terms of Use unconditionally and without modification. Your use of any of the Sites constitutes your acceptance and agreement to all these terms and conditions. Additional terms and conditions may apply to your use of eServices, purchases of goods or services (see our Standard Terms and Conditions of Sale located at https://securitastechnology.com/legal and to specific portions or features of the Sites (such as sweepstakes or public forums), all of which are incorporated into these Terms of Use. You will be bound by such additional terms should you use the specific features or portions of the particular Sites. If these additional terms conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS OF USE CAREFULLY BEFORE USING THE SITES. By accessing, registering on or otherwise using any of the Sites, you unconditionally agree to these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, you may not access, view or use the Sites.
You are free to browse the Sites to learn more about SEEKINK. The Sites and all material posted on the Sites or otherwise approved by SEEKINK (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Sites and these Terms of Use. You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without SEEKINK’s prior written approval is strictly prohibited.
While SEEKINK uses commercially reasonable efforts to provide accurate information, the industry of which SEEKINK is a part and the laws and regulations applicable to that industry do change. Therefore information contained on the Sites may not be current, accurate or complete. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. SEEKINK cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your (or, if applicable, your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by SEEKINK experts or other Site users is complete, accurate or current. Please read and follow all instructions contained in product manuals. Each claim or statement made by SEEKINK about the effectiveness of SEEKINK products and/or comparing the effectiveness of SEEKINK products to that of others and all use of the Sites is expressly limited to the United States unless otherwise stated on the Sites. If a product offered by SEEKINK purchased through the Sites is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased, a refund of the price you actually paid or other remedy provided pursuant to the manufacturer’s warranty. Please address all product complaints as provided in the manufacturer’s warranty and other materials provided on purchase. Do not make product complaints through the Sites. Product description and pricing is subject to correction and change. SEEKINK may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. SEEKINK’s obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided. Sales made through the Sites, if any, are governed by SEEKINK’s Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
WARNING: Some of the information and advice on the Sites may be provided by third party contributors who are not affiliated with SEEKINK. SEEKINK makes no representation as to the truth, thoroughness, or accuracy of such information or advice.
In all operations and uses related to the products and other matters discussed on the Sites, you must read, understand, and adhere to the safety warnings and instructions pertaining to such products and accessories as well as other regulations and standards applicable to the nature and environment of ownership, maintenance, or use.
Account Registration: You must register and create one or more accounts (“Accounts”) to use certain restricted areas of the Sites such as eServices. When you register, you authorize SEEKINK to make such credit, employment and investigative inquiries as may be appropriate, including to consumer reporting agencies, to validate registration information you provide both prior to SEEKINK authorizing your Account and from time to time. You agree you shall: (i) provide true, accurate and complete information as prompted by the registration form; (ii) at all times have the authority to agree to these Terms of Use for yourself and on behalf of any business entity for which you register, create one or more Accounts and use the Sites; (iii) not impersonate or misrepresent your identity, your right to use the applicable registered mobile device(s), credit card(s) or other selected payment option, or permit anyone else to do so; (iv) maintain and promptly update all registration and other Account information to keep it true, accurate, current and complete; and (v) not engage in any harmful or abusive activities that may disrupt the Sites, SEEKINK’s ability to provide and any user’s ability to use the Sites or violate any laws, rules or regulations.
Account Use: Once SEEKINK has validated and set up your Account, you may order and pay for products and services and you may access your Account history using your user name and password. You agree that SEEKINK may provide your Account statements and all messages and notifications to you electronically through your Account or via email.
Changing your Account Information/Settings: It is your responsibility to review and update your Account information. You may update your Account profile, settings and information at any time, for example, to add/update/delete credit cards, mobile devices and authorized users to your Account. This is especially important with respect to credit card information because credit cards expire periodically. You acknowledge and agree that SEEKINK will have no liability associated with or arising from your failure to maintain accurate Account information or update your authorized users. If SEEKINK has reasonable grounds to suspect that the information you have provided is or becomes untrue, inaccurate or incomplete, SEEKINK may suspend or terminate your Account and refuse any and all current or future use of SEEKINK’s Cloud and/or all or any part of SEEKINK’s Cloud Services.
Security Credentials: You are responsible for all Account activity and for ensuring that your use or access to your Account, the Sites and/or SEEKINK’s products and services complies fully with these Terms of Use, including the safety and security of all user names, IDs, logins, passwords, PINS or other security features (collectively, “Security Credentials”) through which you and your authorized users may access the secure portions of the Sites. Anyone accessing your Account and/or the secure portions of the Sites using Security Credentials issued to or administered by you, including those of any authorized third parties, will be deemed to be an authorized user of your Account and you will be responsible for their actions as if they were your own. It is your responsibility to administer Security Credentials only to authorized users, to preserve the confidentiality of and not share your Security Credentials or record them in an insecure manner. Although you must conform to SEEKINK’s Security Credentials format (for example, length and, type of characters) and you may be periodically prompted to change your Security Credentials, you are responsible for issuing, administering, updating and ensuring that proper security measures are in effect with respect to Security Credentials associated with your Account. You are also responsible for monitoring, supervising and terminating, when appropriate, the Security Credentials of your authorized users. You must notify SEEKINK immediately if you need to terminate an individual’s access and/or if you suspect fraudulent or abusive activity. SEEKINK is not liable for any use of your Account, the Sites and/or any products or services by such individuals prior to SEEKINK’s receipt of your termination notice and a reasonable period thereafter. If you so notify us, or if SEEKINK suspects fraudulent or abusive activity, you agree to cooperate with us in any investigation and to use any preventive measures SEEKINK prescribes. Use of assigned Security Credentials terminates immediately upon the earlier of inactivity/dormancy, termination of these Terms of Use or an authorized user’s authorization. SEEKINK may rely upon the instructions, consent given and all action taken through your Security Credentials, without verifying the identity or authority of any person accessing your Account or using the Sites. You should never share Security Credentials. However if you or your authorized users do share your Security Credentials with anyone, you are responsible for that individual’s actions, including all orders placed and fees incurred. You are responsible for ensuring that each authorized user is aware of and complies with these Terms of Use. You are ultimately responsible for the acts and omissions of your authorized users and each individual to whom you have given or who may have gained access through use of your Security Credentials.
SEEKINK values its relationship with visitors and customers and uses commercially available technology to safeguard any personal information collected through the Sites. Nevertheless, the internet is an open medium and no data transmission through the internet is completely secure. You transmit your personal information at your own risk. SEEKINK does not guaranty or warranty the security of information you transmit. Once received, your personal information is stored in the United States. SEEKINK takes various precautions to safeguard your personal information against loss, theft and misuse as well as unauthorized access, disclosure, alteration and destruction. It is your responsibility to preserve the confidentiality of and not share your Security Credentials. It is also your responsibility to notify SEEKINK immediately when you need to terminate an individual’s access. You are responsible for the actions of each individual to whom you have given access.
Information Collected: In general, you may visit the Sites without telling SEEKINK who you are or revealing personal information about yourself. However, SEEKINK, its business partners and other companies providing services to or on behalf of SEEKINK (such as, for example, companies assisting with the operation or features of the Sites, advertising and promotional campaigns, surveys, contests and the like) may use various technologies (such as cookies, clear gifs, web beacons, pixel tags, click-through URL links) to assist us in collecting non-personally identifiable information. This may include, without limitation, your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements on the Sites, in our HTML-based emails and certain search engine advertisements. These technologies also help us track online movements of visitors to the Sites in the aggregate, know which emails are opened and actions that may have been taken with respect to our emails and advertisements and gather broad demographic information for use in the aggregate. Information gleaned from your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. You may set your browser to activate the ‘do not track’ feature and any tracking software we use will be disabled. You may also set your browser either to notify you when you receive a cookie or to refuse to accept cookies. However, if you do so you may not be able to participate in certain of the Sites’ features. You may also opt out of receiving emails from SEEKINK at any time by following the ‘unsubscribe’ instructions in the body of the email message.
Information that personally identifies you, such as your name, address, e-mail address, telephone number as well as demographic data specific to you may also be collected from a variety of sources. You may provide personally identifiable information directly, it may be gleaned through the Sites or collected from other sources. For example, when you register on the Sites, you create a personal profile – providing your name, telephone number, email address and in some cases your mailing address or credit card information – and choose a password for security. The Sites save your information so that the next time you place an order or register a product, you only need to enter your unique ID and password. You cannot communicate with SEEKINK through the ‘Contact Us’ or other service or customer support links on the Sites or via e-mail without providing personally identifiable information. If you contact SEEKINK or its service providers, a record of that session or correspondence will be maintained. Personally identifiable information is collected and stored when you register product warranties, order parts, check repair status, become a member of the Sites, participate in public forums, blogs, chat rooms, news groups or bulletin boards, request SEEKINK information, literature and/or product information. If you use a bulletin board, chat room or other interactive public areas of any of the Sites, any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected or used by other individuals to send you unsolicited messages. SEEKINK is not responsible for personally identifiable information you choose to submit in these forums. If you do choose to make otherwise non-public information available by enabling certain user features, SEEKINK will collect that information from your interaction and the information will become publicly available.
Information Use/Sharing: SEEKINK will not trade, sell or share your personal information with third party marketers without your consent unless required by law or as disclosed to you as provided in these Terms of Use or when the information is collected. SEEKINK may use any information gained through the Sites for any legal purpose. If you access the Sites outside the United States, your connection is through and to servers located in the United States. Any personal information you provide will be processed and maintained in the United States on SEEKINK’s Sites’ servers and/or other network systems operated by or for SEEKINK’s benefit. If you access the Sites and/or reside outside of the United States, your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in your country. SEEKINK uses personal information you provide in a number of ways. When you register, you create a member profile that may enable you to choose to interact with SEEKINK in a variety of ways, including receiving emails and text messages. Personal information is required to fulfill your requests for products, literature or other information, to provide product support, product research, answer questions, correct problems with the Sites, to notify you of new or improved products or product uses, to enlist your participation in email campaigns, surveys, promotions, sweepstakes or contests, to customize Licensed Content, improve customer support services, or conduct research, advertising, marketing and promotional campaigns, to provide anonymous reporting for internal use and to third parties. Information collected from any source may be combined to improve products and services and enable more targeted, tailored communications. It may also be aggregated and made available without identifying you to ascertain trends, products, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Sites.
If SEEKINK or its parent company were to merge with or be acquired by another company or if it were to cease operations, your information may be transferred to the surviving or acquiring company and will then be subject to that company’s privacy policy which may be different from that of SEEKINK. Your personal information may be disclosed if there is reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any legal rights, including against you or a third party, for nonpayment, violation of any agreement, and to prevent injury to or interference with SEEKINK’s rights or property, the rights or property of users of other Sites or anyone else that could be harmed by such activities. SEEKINK may disclose or access account information when it believes, in good faith, that disclosure is required by law, for administrative and other purposes deemed necessary to maintain, service and improve SEEKINK products and services and to protect its rights or property. By accessing and using the Sites, you agree that information you have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time.
To Update your Information/Unsubscribe: You have choices as to how SEEKINK will communicate with you. The Sites allow you to choose to receive, or stop receiving communications from SEEKINK. You may update your information or stop receiving promotional email or postal communications. Please click here to learn how to complete your request.
Notice to California residents about your California privacy rights: In addition to the other rights described in this policy, if you are a customer residing in California, you have the right to information with respect to our online tracking practices and to request information regarding the third parties with whom SEEKINK has shared customer personal information for direct marketing purposes during the past year. You have the right to submit a request to SEEKINK at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to SEEKINK’s designated address set forth in Section 12.
In general, SEEKINK expects visitors to interact with SEEKINK and other users of the Sites in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with SEEKINK or another is prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, hateful, racially or ethnically objectionable, is invasive of another’s privacy or publicity rights, infringes upon another’s proprietary rights or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with any material, link or information not originating with SEEKINK is expressly prohibited.
You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by SEEKINK through the Sites. Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.
Certain more interactive portions of the Sites, such as blogs and other social media forums require special mention. SEEKINK insists that all statements made about it and its products be accurate, not misleading and not contain unsubstantiated statements. SEEKINK adheres to and requires that its employees, service providers and others endorsing or otherwise acting on behalf of SEEKINK on a blog or other public forum all adhere to Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers disclose a material connection with an advertiser, his/her affiliation with SEEKINK and if incentives, free products or gifts or other compensation was received from SEEKINK. Because your opinions may be considered an “endorsement” and you an “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that you fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, as an endorser, the FTC requires that you (i) let readers know if you received any free products or any other item of value from SEEKINK or if another material connection exists, and (ii) ensure that your statements about and reviews of SEEKINK products reflect your honest opinions, beliefs and findings. If you wish to learn more, you may access the most recent revisions to the FTC’s Endorsement and Testimonial Guides.
Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication you transmit, upload or post to the Sites, generally and through the public forums, or email to SEEKINK (collectively, “Communications”) are non-confidential and nonproprietary and become the property of SEEKINK. SEEKINK has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. SEEKINK has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from you. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.
You are solely responsible for your Communications and your activities on the Sites. Although SEEKINK will not, and has no obligation to, monitor your Communications, it has the right not to post or publish Licensed Content and/or your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will SEEKINK or its affiliates be liable in any way for any Communications, your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Product performance, capability or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by SEEKINK to substantiate such claims. SEEKINK cautions you not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.
You agree to indemnify, defend, release and hold SEEKINK, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Sites, your use of the Sites, your connection to the Sites, your violation of these Terms of Use, SEEKINK’s Standard Terms and Conditions of Sale and/or Invoice Terms and Conditions, or your violation of any Rights. In the event you provide information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify SEEKINK for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against SEEKINK by any third party based upon the information you provide or your use of the Sites.
From time to time SEEKINK may change the Licensed Content, the products and services offered, disable certain features of the Sites or expand the Sites’ capability. SEEKINK also reserves the right at any time and from time to time to modify these Terms of Use, any additional terms and conditions, the Sites, their functionality and capabilities and/or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that SEEKINK shall not be liable to you or to any third party in any way in connection with such changes.
SEEKINK, in its sole discretion, may suspend or terminate your access or use for any reason, but especially if SEEKINK believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. SEEKINK may also, in its sole discretion and at any time, discontinue providing the Sites, or any part thereof, with or without notice. SEEKINK may suspend, terminate and/or bar further access to the Sites at any time without prior notice to you. SEEKINK shall not be liable to you or any third party for any suspension or termination of your access to or use of the Sites.
The Sites may contain links to other internet websites or resources. When you link to those sites, you leave the Sites. SEEKINK has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. SEEKINK expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply that SEEKINK endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that SEEKINK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
Everything you see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without SEEKINK’s express written permission. The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Sites, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Sites (all of which are included in and as the “Licensed Content”), is used under license granted to SEEKINK and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are owned by and/or proprietary to SEEKINK, subsidiaries, affiliates or other designees, or other third party owners who have granted SEEKINK the right and license to use its marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the Sites address or Marks in page text, as key words, meta tags or any other “hidden text.” A list of Marks appears at the end of these Terms of Use. Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of SEEKINK and/or its subsidiaries, affiliates or other designees and may not be used in connection with any other product or service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any manner that disparages or discredits SEEKINK or its affiliated companies. SEEKINK may use any such material in any manner for any reason without your consent, fee or obligation to account to you in any way, and, unless you and SEEKINK agree otherwise in writing, SEEKINK is and shall be the sole and exclusive owner.
SEEKINK DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEEKINK SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEEKINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, SEEKINK’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST SEEKINK WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEEKINK may provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Sites. Notice or other correspondence to SEEKINK should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to:
Securitas Technology Corporation
8350 Sunlight Drive
Fishers, IN 46037
Attn: SEEKINK Webmaster
SEEKINK administers and operates the following Sites from its location in Uniontown, OH
Other Sites may be administered and operated from various locations outside the United States. Although Sites may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on any of the Sites are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. SEEKINK reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion. Any offer for any feature, product or service made on any of the Sites is void where prohibited. These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between you and SEEKINK with regard to and shall govern all purchases. Your activities and use of the Sites supersede any prior agreements between you and SEEKINK. You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third party content or third party software. These Terms of Use, your use of the Sites and any other agreement with and the relationship between you and SEEKINK shall be governed by the laws of the State of Indiana without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. The failure of SEEKINK to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY RESIDENTS section. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Any dispute between you and SEEKINK concerning the Sites shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that SEEKINK may commence action against you in a court of law for infringement of SEEKINK’s intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in the city of Hartford, Connecticut, United States of America. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms of Use or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) in the “Security Credentials subsection to the “Using Secure Portions of the Sites” section, the provision concerning limiting SEEKINK’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SEEKINK was negligent or has breached its obligation to you; (2) in the “Social Media/Blogs/User Submissions” section, the provision concerning limiting SEEKINK’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SEEKINK was negligent or has breached its obligation to you; (3) in the “Indemnity” section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms of Use; (4) in the “Modifications to the Sites and these Terms of Use” section, the provision concerning limiting SEEKINK’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SEEKINK was negligent or has breached its obligation to you; (5) in the “Termination” section, the provision concerning limiting SEEKINK’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SEEKINK was negligent or has breached its obligation to you; (6) in the “Links” section, the provision concerning limiting SEEKINK’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SEEKINK was negligent or has breached its obligation to you; (7) in the “DISCLAIMERS AND LIMITATIONS OF LIABILITY” section, (a) the provision concerning limiting SEEKINK’s liability for any loss or damage is not applicable to New Jersey residents to the extent that SEEKINK was negligent or has breached its obligation to you, (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property, and (c) the provisions which limit the time within which claims against SEEKINK must be brought; and (8) in the “Disputes” section, (a) the provision which limits the time within which claims against SEEKINK must be brought and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.