Terms and Conditions
Agreement between User and seaquelplace.com
This website is owned and operated by Seaquel Place, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information regarding our event venue. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
If prompted, creating an account requires you to enter your email address and create a password.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The convenience fee we charge for using our online payment services is 3% for all services pertaining to the rental of our venue. We reserve the right to change our prices for services pertaining to the rental of our venue and products displayed at any time, and to correct pricing errors that may inadvertently occur.
Visiting seaquelplace.com or sending emails to Seaquel Place constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
A cancellation by our venue for any reason unrelated to our unforeseeable circumstance clause (see page 7 of your contract) will result in any payment(s) being refunded to The Renter, with the exception of the 3% convenience fee. A cancellation by The Renter will result in any payment(s) being forfeited, i.e. No refunds will be granted by Seaquel Place, LLC.
Links to Third Party Sites/Third Party Services
seaquelplace.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Seaquel Place and Seaquel Place is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Seaquel Place is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Seaquel Place of the site or any association with its operators. Certain services made available via seaquelplace.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the seaquelplace.com domain, you hereby acknowledge and consent that Seaquel Place may share such information and data with any third party with whom Seaquel Place has a contractual relationship to provide the requested product, service or functionality on behalf of seaquelplace.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Seaquel Place or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Seaquel Place content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Seaquel Place and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Seaquel Place or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Seaquel Place from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Seaquel Place Content accessed through seaquelplace.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Seaquel Place, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Seaquel Place reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Seaquel Place in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Seaquel Place agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Seaquel Place reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Seaquel Place as a result of this agreement or use of the Site. Seaquel Place's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Seaquel Place's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Seaquel Place with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Seaquel Place with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Seaquel Place with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Seaquel Place reserves the right, in its sole discretion, to change the Terms under which seaquelplace.com is offered. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. The most current version of the Terms will supersede all previous versions. Seaquel Place encourages you to periodically review the Terms to stay informed of our updates.
Seaquel Place welcomes your questions or comments regarding the Terms:
Email Address: email@example.com
Effective as of August 01, 2020