Ceed, Inc. and its wholly owned or operated subsidiaries (“Ceed.House”) offers its Products (“Products”) and Services (“Services”) available on the Website (“Website”) to you, the Member (“Member”), conditioned upon your acceptance of our policies contained in the legal section of our Website. Please note, the terms “We”, “Our”, and “Us” refer to https://www.ceed.house. Last updated on 07/01/18.

LEGAL CENTER

You can view our other legal documents (A-Z) here:

• Copyright Disclaimer

• Privacy Notice

• Security Statement

• Website Use

• Service Terms

• Customer Support

We respect the intellectual property of others. In accordance with the Digital Millennium Copyright Act (DMCA) and the 21st Century Communications and Video Act (CCVA), we have adopted a policy of taking legal action against those who infringe our intellectual property rights or of others, whether or not there is any repeat infringement. All Content available on our Website is subject to worldwide intellectual property protections, including but not limited to copyright, patent, and trademark. All other content, including brand or product names are trademarks of their respective holders.

We have instituted policies intended to ensure that your personal data is handled in a secure manner that protects your privacy. Any changes to our privacy policy will be reflected on this page so that you can be aware of what information we collect, and how we are using and/or disclosing it. By using our Website, you consent to the collection and use of any personal information by Ceed, Inc.

What Information Do We Collect?

Ceed, Inc. collects data that you provide to our company-owned channels of business operations, such as https://www.ceed.house, either through registrations, transactions, or support thereof from the information you submit on or through our Websites. This includes information such as your name, address, and contact information such as your email address, phone number, including personal preferences you choose to provide, such as the payment methods used for transactions, and an encrypted password to ensure maximum protection of your privacy ("Personal Information").

How Do We Use The Information Collected?

We do not rent, sell, or trade with third parties any Personal Information you provide to us. To alleviate any concern on your part, we do not provide or store access to credit card information on this Website, which is why you will be required to re-enter your payment method on other websites. Other than to contact you with questions regarding your account, or to respond to your customer service inquiries, there are no other purpose or use for your Personal Information.

Why Do We Collect The Information?

We use your Personal Information to personalize the browsing experience and to communicate marketing with you offline, and in some cases offline via direct mail. You may indicate your contact preferences regarding promotional communications directly to us online. If for any reason you feel uncomfortable with these actions, then you can opt out by clicking on the Unsubscribe link located in our electronic notices.

How Do We Collect The Information?

We use industry accepted "Cookies”. Cookies are small data files or small bits of information that are stored by your browser on your computer's hard drive when you visit our Website so that we can personalize your browsing experience. Cookies do not alter your hard drive in any way and cannot be used to access any Personal Information from your computer. They simply enable us to tailor your browsing experience by helping us keep track of your activities, such as Website information that may be of interest to you. We also use Cookies to identify the website you visited immediately before visiting our Website to assist us in improving our website design. You can change your browser so that it will not automatically accept cookies. If for any reason you feel uncomfortable with these actions, then you can opt out by disabling the use of cookies in your browser settings.

How Do We Disclose The Information Collected?

We do not rent, sell, or trade with third parties any Personal Information you provide to us, nor do we share such Personal Information with third parties except for the express purpose of assisting us in updating your customer information record in our database, sending or termination promotional offers to you, or fulfilling your customer service inquiries. Otherwise, we do not authorize those third parties to make any other use of your Personal Information. In the case of marketing or promotional events, we honor every request to unsubscribe from receipt of emails within ten (10) business days of receiving the request, not only for promotional emails we send, but also for emails about us that we permit other companies to send to their own list of subscribers. Accordingly, in compliance with the CAN-SPAM Act of 2003, we provide to such companies the email address of anyone who has submitted an unsubscribe request, provided such company agrees not to disclose or use such email address for any other purpose than honoring your request to not receive emails about us. Ceed, Inc. reserves the right in all cases to use and/or disclose to others Personal Information about your demographics, and use of our Website in a manner that does not reveal your personal identity.

How Do We Link To Other Websites?

We may include links including content to/from third party websites on our Website via html tags or similar means. In these cases, when you click-through these links, you are leaving our Website and accessing a third party website. These other websites are not under our control, and may collect Personal Information from you. Our Privacy and Security Policies do not address the information, and/or the privacy and security practices of any third party website.

How Do We Protect Your Information?

We protect your Personal Information transmitted to our Website via encryption using Secure Socket Layer Technology ("SSL"). SSL encrypts your Personal Information before it is transmitted to us to avoid the decoding of your Personal Information by anyone other than its intended recipients. For more details about our security practices, click here.

How Do We Protect A Child’s Privacy?

In accordance with the Children's Online Privacy Protection Act (COPPA), we will never knowingly request Personal Information from any person under person under the age of 13, without first seeking prior verifiable parental consent. If we become aware that a person using our Website is under the age of 13, and has provided a registration without prior verifiable parental consent, we will remove that child's Personal Information from our records.

California Privacy Rights

Ceed, Inc. collects various types of personal information about you both offline and online activities during the course of our customer relationship. Under California Law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of any sharing of your Personal Information with third parties if the third party will use it for their direct marketing purposes. If you would like to exercise your rights under California law, please send your written request to optout@ceed.house. Your written request must include your postal address so that we may provide you with our notice and third party direct marketing opt-out form. We will provide you with this form within thirty (30) days of receiving your written request.

We maintain a variety of electronic safeguards to protect your personal information. For example, we use commercially reasonable technologies such as industry standard SSL (Secure Sockets Layer) PCI (DSS compliant) encryption to protect against unauthorized access to our systems. Also, your own effort to protect against unauthorized access to your computer plays an important role in protecting the security of your information while browsing our Website. For instance, you should be sure to delete your cookies when finished using a shared computer. During the course of your visit, you may also encounter links to 3rd party websites that we do not control. In these cases, we are not responsible for the privacy or security policies of these websites, and you should check those policies on such websites to ensure your information is protected.

We ask that you abide by the terms governing the use of our Website because your use constitutes an agreement ("Agreement") to be bound by its conditions. If you do not agree to be bound by these terms and conditions, you may not access our Website. In addition, we reserve the right to revise these terms and conditions from time to time. Please check this section of our Website for any changes because your use of our Website following any changes indicates your Agreement to be bound by all modifications.

Security

You agree not to violate the security measures on our Website, including, without limitation: 1. Attempting to scan or test the vulnerability of our Website, including any related system or network infrastructure, or to authenticate or breach security measures without proper authorization; and 2. Attempting to interfere with service to any Viewer, including host or network, and without limitation, via means of crashing, flooding or bombing our Website, including any related system or network infrastructure; and 3. Attempting to send unsolicited communications such as e-mail, including advertising or promoting products or services; and 4. Attempting to forego any TCP/IP packet header or any part of the header information in any communications such as e-mail or newsgroup postings; and 5. Attempting to hijack any part of our Website Content, including modifying, displaying, and deploying any part of our Website Content in frames (or through similar means as non-solicited 3rd party content), and/or linking the Website Content to other websites without our written consent.

Rules

You agree to use our Website only for lawful purposes and only for your own personal, non-commercial use. You may not use the Website to copy, display, download, post, transmit, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is abusive, defamatory, obscene, offensive, hateful, libelous, threatening, or otherwise abusive.

Violations

You agree that we have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in prosecuting Viewers who are involved in such violations.

Usage

You agree that, unless otherwise stated, all materials, including designs, icons, images, illustrations, photographs, videos, and written and other materials that appear as part our Website are intellectually property owned, controlled, licensed or used with permission by Ceed, Inc. and its wholly owned or operated subsidiaries. The Website as a whole, including its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Website and its Contents are owned by Ceed, Inc. or used with permission. Https://www.ceed.house and all other trademarks appearing on this Website are trademarks of Ceed, Inc. or are licensed with permission of the owner by Ceed, Inc. The Contents of the Website are intended solely for personal, non-commercial use by the Viewers of the Website and may not be used except as permitted in this Agreement. You may copy, or download, the Website Contents and other downloadable materials available on the Website for your personal use only. No right, title or interest in any downloaded materials, including software, is transferred to you as a result of any such copying or downloading actions. You may not produce (except as noted above), reproduce, transmit, and/or publicly display any derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Contents, or any related software. Nothing contained on this Website grants or should be construed as granting, any license or right to use, implied or otherwise, any service marks, trade dress, trademarks, trade names, copyrighted or other proprietary material displayed on this Website without the prior written consent of Ceed, Inc.

User Comments, feedback & Other Submissions

You agree that all comments, feedback, suggestions, and other submissions submitted on or through this Website or otherwise disclosed or offered in connection with your use of this Website shall remain our property. Such disclosure shall constitute an assignment to us of all worldwide right, title and interest in all copyrights and other intellectual properties in all such content. You acknowledge that we are under no obligation (1) to maintain in confidence; (2) to pay any compensation; or (3) to respond to any such communication. You further agree that none of the communication submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also acknowledge that none of the communications submitted by you on or through this Website shall contain libelous or otherwise unlawful, abusive or obscene material. You acknowledge that you shall remain solely responsible for the content of any communication you make. Finally, you agree that Ceed, Inc. may send electronic communications such as email, phone, and/or sms/text notices to you for the purpose of advising you of changes to our Website, consistent with our Privacy Notice.

User Purchases, Services, & Other Transactions

You acknowledge that certain sections of the Website may allow you to make purchases. If you make a purchase on our Website, you agree that all information obtained during your purchase, such as your contact details, billing information or payment method, is collected by us, the merchant, and our payment processing company to complete the transaction. You further agree that your participation, correspondence or dealings with us, including any third party service providers utilized our Website to process your order, are solely between you and the parties responsible for processing your payment as they pertain to your purchased items, terms, conditions, representations or warranties associated with your payment, refunds, and/or fulfillment of the transaction. Accordingly, you agree that we shall not be responsible or liable for any damages or losses of any sort that you incurred as the result of dealings with a service provider associated with the processing of your order. You agree to release us, including our wholly owned affiliates or subsidiaries, from any damages incurred, and agree not to assert any claims against us, arising from any payment processing issues experienced on our Website. Please note, when you make purchases on our Website, you may be subject to additional terms and conditions of these third party service providers. Please review our terms of service for more details regarding our purchase policy or visit that websites of our third party service providers to see what additional terms and conditions may apply to processing of your order.

Links To Other Websites

You agree that, to the extent that our Website contains links to outside resources or services, including other websites, any concerns regarding such third party resources or services, or any link thereto, should be directed to the particular outside resource or service, or website. We makes no representations or warranties concerning the accuracy or validity to these outside resources or services, and are not responsible for the any materials accessed from these outside resources or services, including websites, that are not owned, operated, and/or controlled by Ceed, Inc. All such content are provided solely as a convenience to you.

Third-Party Trademarks

You agree that third-party trade names, including logos and marks, contained in on this Website may be the trademarks or registered trademarks of their respective owners. All Content available on our Website is subject to worldwide intellectual property protections, including but not limited to copyright, patent, and trademark. All other content, including brand or product names are trademarks or registered trademarks of their respective holders. For information on how to handle any intellectual property violations, please click here.

Indemnification

You agree to defend, indemnify and hold Ceed, Inc. and its wholly owned or operated subsidiaries harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website.

Liability

CEED, INC. ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS WEBSITE AND ITS CONTENTS. IN NO EVENT SHALL CEED, INC. OR ANY OF ITS AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF CEED, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy

You agree that there may be information on this Website that contains errors, inaccuracies, or omissions, including those that may relate to, among others, product availability, descriptions, and/or pricing. You acknowledge that we reserve the right to correct any such errors, inaccuracies, or omissions and to change or update such information at any time without prior notice.

Miscellaneous

You agree this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York in the United States of America, without giving effect to any conflict of law provisions. You also acknowledge that any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York in the United States of America.

Termination

You agree this Agreement is effective unless and until terminated by either you or Ceed, Inc without notice if you fail to comply with any provisions contained in this Agreement at our sole discretion.

Introduction

CEED™ is a network of suites for traveling professionals. Designed to withstand the rigors of working-on-the-go, Ceed suites are equipped with state-of-the-art facilities to conduct business privately without sacrificing lifestyle on-demand. The Ceed® brand is owned by Ceed, Inc. and its wholly owned or operated subsidiaries (“Ceed”), which includes Ceed House™, its official website accessible at https://www.ceed.house (collectively, “Ceed House”). By accessing Ceed House to make purchases through any computer platform, network system or electronic device, such as a desktop platform, mobile phone and/or smart tablet (collectively, "Devices"), you agree to be bound by these Terms of Service (“Service Terms”) and any other applicable law, whether or not you are a registered member of Ceed. We reserve the right to revise these Service Terms at https://www.ceed.house/legal. Please check this section often because your use of Ceed House following any changes indicates your acceptance of our modifications. To get started, create an account ("Account") on Ceed House to use our Products and/or Services. After you create an Account, you will have the option to purchase our usage plans (“Usage Plans”). By creating an Account, you agree to maintain the most accurate information about yourself so we can service you properly. By submitting your payment with Ceed House, (i) you accept these Service Terms governing the use of our Products and/or Services, including the purchase of any Usage Plans in your Account pursuant to our Privacy and Security Policies. We ask that you abide by these Service Terms because your use of our Products and/or Services via Ceed House constitutes your agreement to be bound by these terms for all purchases regardless of where the transaction may have originated (“Agreement”). If you do not agree to these Service Terms or not of legal age to consent to this Agreement, please terminate your use of our Products and/or Services including Ceed House immediately.

Plans

Ceed provides Usage Plans that grant you access to our network of suites to conduct business privately without sacrificing lifestyle on-demand. Our Usage Plans, including details, are available at: https://www.ceed.house/plans. Prices are not free of errors and subject to change without notice on Ceed House. If any errors are discovered, whether graphical or typographical in nature, Ceed reserves the right to revoke any stated offer to correct all inaccuracies on Ceed House.

Plan Purchases, Downgrades & Upgrades

Ceed Usage Plans starts when Ceed settles your payment and continues for a period of thirty (30) consecutive calendar days (“Subscription”). At the end of your Subscription period, you will automatically be billed for an additional Subscription term. If you purchase a Ceed Usage Plan and choose to downgrade or upgrade during you Subscription period, the changes will not be effective until the next Subscription term. Please note, Ceed Usage Plan prices are subject to change and take effect on your next Subscription renewal.

Plan Cancellations & Refunds

Effective August 1, 2018, Ceed Usage Plans are cancelable but non-refundable. All orders placed through Ceed House for any Ceed Usage Plans are subject to Ceed's acceptance. This means that Ceed may refuse to process or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has been charged for an order that is later cancelled, Ceed will issue you a refund. If you allow your Subscription to lapse, you will no longer have access to Ceed’s Products and/or Services, including our Usage Plans. Please note, an Internet connection is required to manage our Usage Plans on a subscription basis. Without an Internet connection, your Ceed Usage Plan may be unusable. If for any reason you are not happy with your Ceed Usage Plan, you can terminate your Account and/or cancel your Subscription at any time but no credits and/or refunds will be paid on any remaining minutes, including rollover minutes. If you wish to terminate your Account or cancel your Subscription, including disabling any auto-renew features, you can login to your Account to make these changes prior to the end of your Subscription term.

Plan Rollovers

Effective August 1, 2018, all rollover minutes accrued on your Ceed Usage Plan are determined based on a pro-rata figure and converted against a conversion schedule for downgrades and/or upgrades as deemed by Ceed. All rollover minutes accrued on your Ceed Usage Plan will be voided if they are unused following the twelve (12) month anniversary of issuance. All rollover minutes can only be used on Ceed House only at this time. All rollover minutes are not refundable or non redeemable for cash and non-transferable to any other Account and/or Subscription.

Plan Trials

Effective August 1, 2018, Ceed offers limited use Usage Plans (“Trial Offer”) for a period of one (1) to three (3) months from the moment that you activate a trial period by paying the advertised price ( “Trial Period”). If you decide that you do not want to remain a paying user at the end of your Trial Period, you must cancel your Subscription by logging into your Account. Otherwise, at the end of your Trial Period, you will automatically become a paid Ceed subscriber at the individual level, and the payment method you provided will automatically be charged for the Ceed Usage Plan on a monthly basis. There are no credits or refunds for a Trial Offer unless you haven’t activated or used your plan after ninety (90) days of purchase. You may only use the Trial Offer once. If you have participated in a Trial Offer previously offered by Ceed or subscribed to an existing Ceed Usage Plan, you may be ineligible to participate in the Trial Offer. A limited number of introductory Trial Offers are available while supplies last. Trial Offers must be redeemed before the advertised expiration date if specified. Ceed reserves the right to terminate all Trial Offers at any time and for any reason.

Plan Taxes

Effective August 1, 2018, Ceed is required by law to collect sales and/or use taxes in the United States and United States Territories (collectively, “UST”). For UST’s imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Ceed does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

Plan Payments

To make purchases on Ceed House, you must submit credit card information. You warrant to Ceed that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur to maintain your Subscription, including Ceed Usage Plans. You authorize Ceed to use credit card information submitted by you or updated credit card information submitted by your credit card company directly to Ceed. If you dispute any charges, you must inform Ceed within thirty (30) days upon receipt of Ceed's invoice. Ceed reserves the right to change its Usage Plan prices or Usage Plan overage fees, including rollover minutes usage at any time. Your continued use of your Account or Subscription, including Ceed Usage Plans, after any price or fee changes constitutes your acceptance to pay the changed amount. Ceed may, from time to time, partner with certain third-party payment processors or services (collectively, "Payment Services") to make the payment process more streamlined. If you choose to use these Payment Services, you authorize Ceed to receive and/or store the payment information associated with your use of such Payment Services and to use such payment information in connection with the management of your Account and/or Subscription, including Ceed Usage Plans.

Plan Management

You are solely responsible for maintaining the confidentiality of your Account. All activities occurring in your Account and all access to and/or use of your Ceed Usage Plan are your responsibility, whether or not such activities and/or access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Ceed shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Ceed House is in compliance with these Service Terms. You further acknowledge and accept that Ceed shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to Ceed House, which is defined as a matching and current member sign-in and user password. You shall notify Ceed immediately of any unauthorized access to your Account. You agree that Ceed may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Service Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Ceed believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in Ceed's sole discretion and that Ceed shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account, including your Subscription or Ceed Usage Plans.

Plan Support

You consent to receive communications from us electronically so we can service your Account, including Subscription and Ceed Usage Plans. We will communicate with you by e-mail or by posting notices on Ceed House. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Limitation of Liability

CEED MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS PRODUCTS AND/OR SERVICES, INCLUDING USAGE PLANS OR ROLLOVER USAGE INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT OUR PRODUCTS AND/OR SERVICES, INCLUDING USAGE PLANS OR ROLLOVER USAGE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PRODUCTS AND/OR SERVICES, INCLUDING USAGE PLANS OR ROLLOVER USAGE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Ceed and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, actions, claims, damages, demands, losses, obligations, judgments, proceedings, suits, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through Ceed House by you or any other person using your Account; (b) the use of, or connection to, Ceed’s Usage Plan by you or any other person accessing Ceed House using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Service Terms.

Governing Law

You agree that your use of Ceed’s Products and/or Services, including Ceed’s Usage Plans, and any purchases made through Ceed House thereof, and any claim or dispute arising out of or relating in any way to your Subscription, the management of your Account or purchases made through Ceed House, shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to Ceed must be commenced within one (1) year after the claim or cause of action arose.

Jurisdiction

You agree that the jurisdiction and venue for any dispute shall be in Manhattan County, State of New York. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

Pre-Arbitration Agreement

Except to the limited extent noted below, you agree your use of Ceed’s Products and/or Services, including our Usage Plans, the management of your Subscription through your Account or purchases made on Ceed House, and any controversy, claim or dispute arising out of or relating in any way to your use of the aforementioned above, shall be resolved by final and binding arbitration between you and Ceed. In addition, you agree that the arbitration shall take place in Manhattan Country, New York in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents (“Desk Arbitration”). If any party makes a written request for a hearing within ten (10) days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Manhattan Country, New York to participate in the arbitration. If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Ceed will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Ceed will also reimburse you for the $125 base filing fee. If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Ceed's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Ceed will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee). This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding. You agree to waive your rights to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

Appeal Rights

You agree that the arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Class Action Waiver

You agree to waive your rights to bring any claim or dispute arising out of or relating in any way to your use of Ceed’s Products and/or Services, including our Usage Plans, the management of your Subscription through your Account or purchases made on Ceed House, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver and the similar waiver specified for arbitration proceedings are generally referred to herein as "the class action waiver.")

Opting Out Of Dispute Resolution And/Or Class Action Waiver

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Service Terms by doing the following: Within fifteen (15) days of setting up your Account and purchasing your Ceed Usage Plan, you must send a letter to Ceed, Inc., c/o Legal Department, that specifies (1) your name, (2) your account number or account name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Service Terms. All other terms and conditions shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Service Terms to the contrary, we agree that, if Ceed makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Ceed's address), you may reject any such change by sending a letter to Ceed within fifteen (15) days of the change. By rejecting any future change, you agree to arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable fifteen (15) day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable fifteen (15) day deadline.

Notice For California Users

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal or transactional information Ceed shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to: legal@ceed.house.

Agreement

You agree that these Service Terms constitute the entire agreement between you and Ceed and govern your use of Ceed House, including your Account Subscription and Ceed Usage Plan, and they supersede any prior agreements between you and Ceed. You also acknowledge that you may be subject to additional terms and conditions that are applicable to certain parts of Ceed’s Products and/or Services. You agree that no joint venture, partnership, employment, or agency relationship exists between Ceed and you as a result of this Agreement. You agree that Ceed may terminate this Agreement and deny you access to our Products and/or Services, including your Account Subscription and Ceed Usage Plan via Ceed House, immediately and without notice, if in Ceed's sole discretion you fail to comply with any provision of these Service Terms. You further acknowledge the failure of Ceed to exercise or enforce any right or provision of these Service Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Service Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You agree not assign these Service Terms or any of your rights or obligations under these Service Terms without Ceed's express written consent. These Service Terms inure to the benefit of Ceed's successors, assigns and licensees. The section titles in these Service Terms are for convenience only and have no legal or contractual effect.

For more information on our policies specific to any of our Products (“Products”) and Services (“Services”), please refer to the legal section on their websites. If you have further questions about our policies contained in the legal section of our Website, then please contact us.

Source:     Ceed, Inc.
Updated:  July 8, 2018
Effective:  July 8, 2018