Seel Worry-Free Purchase Association Terms and Conditions
Last Updated: August 2026
YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS AND CONDITIONS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SEEL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
Terms and Conditions
Please read these Terms and Conditions ("Terms") and our Privacy Policy (https://www.seel.com/privacy) ("Privacy Policy") carefully because they govern your ("Your," "You," or "Yours") use of the website located at https://www.seel.com ("Site"), and the Worry-Free Purchase option ("Worry-Free Purchase") offered by Seel, Inc. ("Seel," "we," "us," or "our"). To make these Terms easier to read, the Site, Worry-Free Purchase, and other products and services made available through the Site and the content and materials available on them (the "Content") are collectively called the "Services."
Please read these Terms carefully before using our Services. By accessing or using the Services, clicking on a button or taking any other action to signify Your acceptance of these Terms, purchasing Worry-Free Purchase at checkout, or completing our account registration process, You: (i) agree to be bound by these Terms and any future amendments and additions to these Terms as published from time to time through the Site; and (ii) represent You are of legal age in Your jurisdiction of residence and capable of forming a binding contract with Seel, and are not otherwise barred from using the Services under applicable law. These Terms include the provisions in this document, as well as those in the Privacy Policy. These Terms also include the provisions (including any exclusions and limitations) of the Worry-Free Purchase solution. If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and, in such event, "You" and "Your" will refer and apply to that company or other legal entity in addition to You.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms or will be presented to You for Your acceptance when You sign up to use the supplemental Service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms and any applicable Supplemental Terms are referred to herein as the "Agreement."
Seel may modify these Terms from time to time without prior notice and at our discretion. If we do, we'll let You know by posting the updated Terms on the Site and/or may also send other communications. It's important that You review the Terms whenever we update them, or You use the Services. If You continue to use the Services after we have posted updated Terms it means that You accept and agree to the changes. If You don't agree to be bound by the changes, You may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
See our current Privacy Policy, which also governs Your use of the Services, for information and notices regarding our collection and use of personal information.
Please read these Terms and Conditions ("Terms") and our Privacy Policy (https://www.seel.com/privacy) ("Privacy Policy") carefully because they govern your ("Your," "You," or "Yours") use of the website located at https://www.seel.com ("Site"), and the Worry-Free Purchase option ("Worry-Free Purchase") offered by Seel, Inc. ("Seel," "we," "us," or "our"). To make these Terms easier to read, the Site, Worry-Free Purchase, and other products and services made available through the Site and the content and materials available on them (the "Content") are collectively called the "Services."
Please read these Terms carefully before using our Services. By accessing or using the Services, clicking on a button or taking any other action to signify Your acceptance of these Terms, purchasing Worry-Free Purchase at checkout, or completing our account registration process, You: (i) agree to be bound by these Terms and any future amendments and additions to these Terms as published from time to time through the Site; and (ii) represent You are of legal age in Your jurisdiction of residence and capable of forming a binding contract with Seel, and are not otherwise barred from using the Services under applicable law. These Terms include the provisions in this document, as well as those in the Privacy Policy. These Terms also include the provisions (including any exclusions and limitations) of the Worry-Free Purchase solution. If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and, in such event, "You" and "Your" will refer and apply to that company or other legal entity in addition to You.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms or will be presented to You for Your acceptance when You sign up to use the supplemental Service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms and any applicable Supplemental Terms are referred to herein as the "Agreement."
Seel may modify these Terms from time to time without prior notice and at our discretion. If we do, we'll let You know by posting the updated Terms on the Site and/or may also send other communications. It's important that You review the Terms whenever we update them, or You use the Services. If You continue to use the Services after we have posted updated Terms it means that You accept and agree to the changes. If You don't agree to be bound by the changes, You may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
See our current Privacy Policy, which also governs Your use of the Services, for information and notices regarding our collection and use of personal information.
Use of Services and Content
The Services. As part of the Services, Seel may develop and make available to You, as a consumer and end customer of a merchant who is contracting with Seel (a "Merchant"), the opportunity to add the Services to enhance Your online shopping experience (each end customer, a "Consumer"). For clarity, reference to "Consumer" is deemed a reference to "You" for purposes of these Terms. Our software applications are built as an add-on to Your Merchant's existing online storefront, if applicable, offering value-added features to You. Seel provides software that allows Consumers to track their orders, get live support, request product repair/replacement, and request refunds due to product issues (i.e., loss, theft, damage to shipments) or non-product issues (i.e., fit, regret). The specific set of features included in Your Worry-Free Purchase option is explained during the checkout process and explained in Your confirmation email.
Account. In order to access certain features of the Services, You may be required to create an account on the Services directly through the Services or by way of an account You may have with a third party, such as Google (such Services account, the "Account"). When registering an Account for the Services, You agree to provide only true, accurate, current and complete information about Yourself requested by the registration form (including Your name and email address) and to promptly update such information thereafter as necessary to keep it current. You represent that You are not barred from using the Services under any applicable law and that You will be responsible for all activities that occur under Your Account. You agree that You won't misrepresent Your identity, use any other person's image, likeness, or identity, or otherwise provide any deceptive or misleading profile information in connection with the creation and use of Your Account. If You create Your Account through the use of a third-party account, we may access certain personal information that the third party provides to us such as Your email address and name, as well as other data available in Your account. Further information about the use of third-party accounts is provided in the Privacy Policy. You also represent and warrant to us that You have the right to create Your Account and provide the data to us through such an account.
You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the company or other legal entity You represent) to access or use our Services on Your behalf. You are responsible for maintaining the confidentiality of Your user ID and password and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify us of any unauthorized use of Your user ID or password or any other breach of security. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the Services at any one time. We cannot and will not be liable for any loss or damage arising from any unauthorized use of Your Account. You acknowledge and agree that You have no ownership or other property interest in Your Account and that all rights in and to Your Account are owned by and inure to the benefit of Seel.
Connecting Your Third-Party Account. As part of the Services, You may be asked to connect one or more portions of Your third-party mail account or Your third-party marketplace account to Your Account (including, without limitation, email or purchase activities). To the extent You connect Your third-party email account and/or Your third-party marketplace account with Your Account, You agree that we may access certain personal information and other data available in Your account. Further information about connecting Your third-party email account and/or Your third-party marketplace account is provided in the Privacy Policy.
The Services. As part of the Services, Seel may develop and make available to You, as a consumer and end customer of a merchant who is contracting with Seel (a "Merchant"), the opportunity to add the Services to enhance Your online shopping experience (each end customer, a "Consumer"). For clarity, reference to "Consumer" is deemed a reference to "You" for purposes of these Terms. Our software applications are built as an add-on to Your Merchant's existing online storefront, if applicable, offering value-added features to You. Seel provides software that allows Consumers to track their orders, get live support, request product repair/replacement, and request refunds due to product issues (i.e., loss, theft, damage to shipments) or non-product issues (i.e., fit, regret). The specific set of features included in Your Worry-Free Purchase option is explained during the checkout process and explained in Your confirmation email.
Account. In order to access certain features of the Services, You may be required to create an account on the Services directly through the Services or by way of an account You may have with a third party, such as Google (such Services account, the "Account"). When registering an Account for the Services, You agree to provide only true, accurate, current and complete information about Yourself requested by the registration form (including Your name and email address) and to promptly update such information thereafter as necessary to keep it current. You represent that You are not barred from using the Services under any applicable law and that You will be responsible for all activities that occur under Your Account. You agree that You won't misrepresent Your identity, use any other person's image, likeness, or identity, or otherwise provide any deceptive or misleading profile information in connection with the creation and use of Your Account. If You create Your Account through the use of a third-party account, we may access certain personal information that the third party provides to us such as Your email address and name, as well as other data available in Your account. Further information about the use of third-party accounts is provided in the Privacy Policy. You also represent and warrant to us that You have the right to create Your Account and provide the data to us through such an account.
You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the company or other legal entity You represent) to access or use our Services on Your behalf. You are responsible for maintaining the confidentiality of Your user ID and password and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify us of any unauthorized use of Your user ID or password or any other breach of security. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the Services at any one time. We cannot and will not be liable for any loss or damage arising from any unauthorized use of Your Account. You acknowledge and agree that You have no ownership or other property interest in Your Account and that all rights in and to Your Account are owned by and inure to the benefit of Seel.
Connecting Your Third-Party Account. As part of the Services, You may be asked to connect one or more portions of Your third-party mail account or Your third-party marketplace account to Your Account (including, without limitation, email or purchase activities). To the extent You connect Your third-party email account and/or Your third-party marketplace account with Your Account, You agree that we may access certain personal information and other data available in Your account. Further information about connecting Your third-party email account and/or Your third-party marketplace account is provided in the Privacy Policy.
Restrictions on Use of the Services
You agree not to, and not allow any third party to, do any of the following:
Use, display, mirror or frame the Services or any individual element within the Services, Seel's name, any Seel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Seel's express written consent; access, tamper with, or use non-public areas of the Services, Seel's computer systems, or the technical delivery systems of Seel's providers; attempt to probe, scan or test the vulnerability of any Seel system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Seel or any of Seel's providers or any other third party (including another user) to protect the Services; attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Seel or other generally available third-party web browsers; send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; use any meta tags or other hidden text or metadata utilizing a Seel trademark, logo URL or product name without Seel's express written consent; use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; collect or store any personally identifiable information from the Services from other users of the Services without their express permission; impersonate or misrepresent Your affiliation with any person or entity; systematically retrieve data from any of the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission; access or use the Services to develop, or have a third party develop, a product or service that is similar or competitive to the Services, including but not limited to any product or service that offers or makes available product protection or returns facilitation to customers; send or submit files that contain malware through the Services or while accessing or using the Services; conduct activities that pose an unacceptable risk of loss as determined by Seel in its discretion; violate any applicable law or regulation; or encourage or enable any other individual to do any of the prohibited activities above.
Seel is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Member Data (as defined below), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Seel reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.
Additional Restrictions. If You use the Services for commercial or business purposes, You will not, during the term of these Terms and thereafter for a period of twenty-four (24) months, for any reason, whether directly or indirectly, (i) solicit, recruit, or encourage any Seel customer, employee, or consultant to reduce, alter, or terminate its relationship with Seel or (ii) divert any potential Seel customer away from Seel.
You agree not to, and not allow any third party to, do any of the following:
Use, display, mirror or frame the Services or any individual element within the Services, Seel's name, any Seel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Seel's express written consent; access, tamper with, or use non-public areas of the Services, Seel's computer systems, or the technical delivery systems of Seel's providers; attempt to probe, scan or test the vulnerability of any Seel system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Seel or any of Seel's providers or any other third party (including another user) to protect the Services; attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Seel or other generally available third-party web browsers; send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; use any meta tags or other hidden text or metadata utilizing a Seel trademark, logo URL or product name without Seel's express written consent; use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; collect or store any personally identifiable information from the Services from other users of the Services without their express permission; impersonate or misrepresent Your affiliation with any person or entity; systematically retrieve data from any of the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission; access or use the Services to develop, or have a third party develop, a product or service that is similar or competitive to the Services, including but not limited to any product or service that offers or makes available product protection or returns facilitation to customers; send or submit files that contain malware through the Services or while accessing or using the Services; conduct activities that pose an unacceptable risk of loss as determined by Seel in its discretion; violate any applicable law or regulation; or encourage or enable any other individual to do any of the prohibited activities above.
Seel is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Member Data (as defined below), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Seel reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.
Additional Restrictions. If You use the Services for commercial or business purposes, You will not, during the term of these Terms and thereafter for a period of twenty-four (24) months, for any reason, whether directly or indirectly, (i) solicit, recruit, or encourage any Seel customer, employee, or consultant to reduce, alter, or terminate its relationship with Seel or (ii) divert any potential Seel customer away from Seel.
Post-Purchase Solutions
Seel Worry-Free Purchase Overview. Worry-Free Purchase provides comprehensive post-purchase features that may include real-time order tracking, automated return flow, live support, and refund/replacement due to product, logistics, or other reasons. The specific features included in Your purchase of Worry-Free Purchase will be identified at checkout and confirmed in Your purchase confirmation email.
Solution Structure.
Worry-Free Purchase is a post-purchase solution developed by Seel through its licensed insurance subsidiaries. When You purchase Worry-Free Purchase at checkout, You receive benefits that are backed by insurance coverage procured and underwritten by Seel's licensed insurance entities as follows:
Seel Insurance Services, Inc. (NPN: 19817095), a licensed surplus lines insurance broker, acts as the producer and administrator of the Worry-Free Purchase program. Seel Insurance Services, Inc. is licensed to transact insurance business in all fifty states.
Insurance coverage for Your purchase is underwritten by one of the following licensed insurance carriers:
Seel Insurance, Inc. (NAIC: 17773), a licensed non-admitted property and casualty insurer;
Great American E&S Insurance Company (NAIC: 37532), a licensed non-admitted property and casualty insurer; or
Tokio Marine Specialty Insurance Company (NAIC: 23850), a licensed non-admitted property and casualty insurer.
The specific insurance carrier providing coverage for Your purchase is determined based on the type of protection purchased, the Merchant, and the jurisdiction of the transaction. The insurance policy (the "Policy") extends coverage to online purchases that are lost, stolen, or damaged while in transit, or are returned, subject to the terms, conditions, and exclusions set forth in the Policy and these Terms and Conditions. Seel Insurance Services, Inc. and the applicable insurance carrier are responsible for administering and paying claims in accordance with the Policy terms.
The Merchant from whom You purchased Your product is not authorized to file claims on Your behalf. All claims must be filed directly by You through the Seel claims portal at resolve.seel.com.
Optional Purchase. Upon Merchant discretion, Worry-Free Purchase may be offered to You free of charge, as a mandatory service fee included in Your order, or as an optional service. You have the option of obtaining these features and benefits from an alternative source or not at all. With respect to goods purchased on a subscription basis, adding Worry-Free Purchase to an initial subscription purchase will automatically add the Seel fee to all subsequent installments of said subscription.
Cancellation. If You voluntarily decide to cancel Your Worry-Free Purchase option, You must use the self-service cancellation process prior to the fulfillment of Your order by the Merchant or within 24 hours of order placement, whichever occurs sooner. Once an order is marked as fulfilled by the Merchant, You may no longer cancel Your Worry-Free Purchase option. If, prior to fulfillment, a Merchant cancels Your order for which You have purchased a Worry-Free Purchase option, Seel or the Merchant will refund the cost of the Worry-Free Purchase option.
Coverage Scope and Exclusions. If You elect to purchase Worry-Free Purchase, Seel will provide You with access to the Services including the ability to file notices of loss, theft, or damage, and instructions for filing claims. Worry-Free Purchase does not offer refund/replacement for the following without a specific written amendment from Seel (collectively the "Policy Exclusions"):
Automobiles and motorcycles; glass windows, plate glass and similar goods; jewelry (valued in excess of $1,500 USD); boats and yachts; live animals; cash; lumber; ceramic, marble or granite tiles, slab blocks, countertops or statues; negotiable papers; cigarettes and other tobacco products; perishable commodities; pharmaceutical drugs; precious stones and metals; fine arts (valued in excess of $10,000 USD per piece); scrap metal; steel metal and steel metal products; flowers; raw cotton; automotive engines or used automotive merchandise made of metal; government action; shipping costs; and securities.
Valuation. Included goods are valued at the amount shown on Your purchase invoice, excluding taxes, tariffs, and shipping charges.
Coverage Limits. Seel is not liable for more than $250,000 USD for any one vessel or conveyance per any one account, except that in the following cases, Worry-Free Purchase shall not cover more than: $5,000 USD for any one package or shipment, $2,500 USD for any one package or shipment containing a laptop or tablet computer, mobile phone or smartphone, or smartwatch ("Protection Limit").
Any shipments that exceed Seel's Protection Limit will only be paid out up to the applicable Seel Protection Limit. Worry-Free Purchase coverage attaches from the time the covered goods commence transit and/or are located anywhere incidental to transit and continues during the ordinary course of transit until transportation terminates at final destination or until Your interest ceases, whichever occurs first.
Reporting Requirements. Requests for a refund or replacement for a loss, theft, damage, or delay ("Claims") must be made in accordance with the timeframes specified below. All Claims must be submitted no later than ninety (90) days following the order date for the goods, or such shorter period of time as specified below for the particular type of request.
Loss Due to Non-Delivery. Where goods are presumed to be lost because the goods were never delivered and the package status does not show "delivered," You must file a Claim no sooner than ten (10) days following the date on which the goods were shipped for domestic shipments within the United States, and no sooner than thirty (30) days following the date on which the goods were shipped for international shipments.
Damage. If goods arrive damaged or in unacceptable condition, a Claim must be filed no later than seven (7) days after the date the goods were marked as delivered by the shipping carrier.
Porch Piracy (Stolen Packages). Porch piracy refers to a missing package that has been marked as delivered by the shipping carrier but was not received by You. Claims related to suspected porch piracy must be submitted no later than seven (7) days after the date the goods were marked as delivered.
Delay. Claims related to delay in the delivery of goods must be filed no sooner than ten (10) days following the date on which the goods were shipped for domestic shipments and no sooner than thirty (30) days following the date on which the goods were shipped for international shipments. For both domestic and international shipments, a delay Claim may be reported during the applicable reporting window as long as the package status is not "delivered" at the time of reporting. The maximum coverage for delay Claims is $10.00 per package or shipment, regardless of the value of the goods or any other damages claimed.
Merchant-Specific Terms. Requirements and timeframes may vary depending on specific agreements between Seel and individual Merchant partners. The specific terms applicable to Your purchase will be provided in Your purchase confirmation email from Seel. You may also review the terms applicable to Your purchase by logging in to resolve.seel.com.
Chargeback Restriction. If You have purchased Worry-Free Purchase for an order placed with a Merchant and experience a loss, theft, damage, or delay, You agree to file a Claim with Seel first and follow the Seel Claims process to its conclusion instead of filing a chargeback for the same loss with Your credit card provider. If You choose to file a chargeback for the loss prior to the conclusion of the Claims process, Seel reserves the right to refund You the cost of the Worry-Free Purchase fee only, in lieu of any other compensation and in full satisfaction of Seel's obligations thereunder.
Anti-Double Recovery & Merchant Reimbursement Rules. A loss shall not be subject to double or duplicate compensation. If You have already received a refund, replacement, or other compensation directly from the Merchant for the same issue underlying a Claim, You shall be deemed to have automatically waived Your right to file, or continue to pursue, a Claim with Seel for that same issue. Correspondingly, Seel’s obligation to reimburse a Merchant for any refund, replacement, or compensation the Merchant has provided directly to You shall not exceed the Protection Limit applicable to the order, less any amount already paid by Seel directly to You with respect to the same issue.
Geographic Restrictions. Worry-Free Purchase does not cover shipments to, from, or domestically within countries or regions subject to comprehensive U.S. sanctions, including but not limited to, Afghanistan, Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen, or any other areas subject to OFAC (Office of Foreign Assets Control) restrictions. It also does not cover shipments to or orders placed in mainland China.
Approval and Settlement. Should a Claim be approved by Seel Insurance, Inc. based on the advisement of Seel, it will be deemed to be in full settlement and satisfaction of all claims and demands by You (the "Claimant"). For clarity, Seel and Seel Insurance, Inc. reserve the right in their sole discretion to refuse to allow for a refund or replacement if Seel and/or Seel Insurance, Inc. reasonably believe or make a determination that such Claim is fraudulent or otherwise not covered under the Services. In consideration of any Claim payment, the Claimant hereby releases and discharges Seel Insurance, Inc., Seel Insurance Services, Inc., Seel, Inc., and each of their respective principals, executives, agents, employees, representatives, successors, assigns, subsidiaries, and affiliated companies, from any and all further claims existing and/or arising in the future relating to the merchandise that is the subject of the Claim.
If there is a loss, theft, or damage while the package is under the control of a common carrier, including, but not limited to, FedEx, UPS, USPS, or DHL, and Seel makes a payment to You related to that loss, theft, or damage, Seel shall have the exclusive right to seek recovery from the common carrier, and You agree to cooperate with Seel in pursuing any such recovery.
Claimant Cooperation. The Claimant agrees to cooperate with and to assist Seel Insurance, Inc. and Seel and to provide all documentation or other information which may be needed; and to execute in the Claimant's name any documents which may be necessary to evaluate and process any Claim. In exchange for any Claim payment, the Claimant agrees that any monies collected from any carrier, vessel, person or corporation in connection with the subject merchandise, whether received in the first instance by the Claimant or by Seel Insurance, Inc. or Seel, shall be the property of Seel Insurance, Inc.; and that the acceptance of any Claim payment shall not prejudice or take away any rights or remedies which Seel Insurance, Inc. would otherwise have by virtue of such payment.
Resolution Options. In the event of a covered Claim, Seel Insurance, Inc. or Seel shall determine whether the merchandise will be replaced, repaired, or refunded, based on the advisement of Seel, which determination is made in accordance with Seel's agreements with its Merchant partners and the availability of the merchandise. Replacement, repair, and refund options are each part of these Terms and have been agreed as such. Worry-Free Purchase is not included with any other Seel product or service unless expressly stated, and does not extend protection, returns coverage, or product protection to orders, shipments, or merchandise other than as paid for by the applicable Merchant or You as the Consumer on a per-transaction basis. Seel is not otherwise liable for any claims, reimbursement, or reorder obligations to You in respect of any orders, shipments, or merchandise not covered by Worry-Free Purchase.
Third-Party Services. Your use of the Services may contain links to and allow You to access a Merchant's website, other third-party websites, resources, or services (including, without limitation, links to certain brands' websites and online shops) (collectively "Third-Party Services"). We provide access only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party Services or links displayed on such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from Your use of any Third-Party Services.
Seel Worry-Free Purchase Overview. Worry-Free Purchase provides comprehensive post-purchase features that may include real-time order tracking, automated return flow, live support, and refund/replacement due to product, logistics, or other reasons. The specific features included in Your purchase of Worry-Free Purchase will be identified at checkout and confirmed in Your purchase confirmation email.
Solution Structure.
Worry-Free Purchase is a post-purchase solution developed by Seel through its licensed insurance subsidiaries. When You purchase Worry-Free Purchase at checkout, You receive benefits that are backed by insurance coverage procured and underwritten by Seel's licensed insurance entities as follows:
Seel Insurance Services, Inc. (NPN: 19817095), a licensed surplus lines insurance broker, acts as the producer and administrator of the Worry-Free Purchase program. Seel Insurance Services, Inc. is licensed to transact insurance business in all fifty states.
Insurance coverage for Your purchase is underwritten by one of the following licensed insurance carriers:
Seel Insurance, Inc. (NAIC: 17773), a licensed non-admitted property and casualty insurer;
Great American E&S Insurance Company (NAIC: 37532), a licensed non-admitted property and casualty insurer; or
Tokio Marine Specialty Insurance Company (NAIC: 23850), a licensed non-admitted property and casualty insurer.
The specific insurance carrier providing coverage for Your purchase is determined based on the type of protection purchased, the Merchant, and the jurisdiction of the transaction. The insurance policy (the "Policy") extends coverage to online purchases that are lost, stolen, or damaged while in transit, or are returned, subject to the terms, conditions, and exclusions set forth in the Policy and these Terms and Conditions. Seel Insurance Services, Inc. and the applicable insurance carrier are responsible for administering and paying claims in accordance with the Policy terms.
The Merchant from whom You purchased Your product is not authorized to file claims on Your behalf. All claims must be filed directly by You through the Seel claims portal at resolve.seel.com.
Optional Purchase. Upon Merchant discretion, Worry-Free Purchase may be offered to You free of charge, as a mandatory service fee included in Your order, or as an optional service. You have the option of obtaining these features and benefits from an alternative source or not at all. With respect to goods purchased on a subscription basis, adding Worry-Free Purchase to an initial subscription purchase will automatically add the Seel fee to all subsequent installments of said subscription.
Cancellation. If You voluntarily decide to cancel Your Worry-Free Purchase option, You must use the self-service cancellation process prior to the fulfillment of Your order by the Merchant or within 24 hours of order placement, whichever occurs sooner. Once an order is marked as fulfilled by the Merchant, You may no longer cancel Your Worry-Free Purchase option. If, prior to fulfillment, a Merchant cancels Your order for which You have purchased a Worry-Free Purchase option, Seel or the Merchant will refund the cost of the Worry-Free Purchase option.
Coverage Scope and Exclusions. If You elect to purchase Worry-Free Purchase, Seel will provide You with access to the Services including the ability to file notices of loss, theft, or damage, and instructions for filing claims. Worry-Free Purchase does not offer refund/replacement for the following without a specific written amendment from Seel (collectively the "Policy Exclusions"):
Automobiles and motorcycles; glass windows, plate glass and similar goods; jewelry (valued in excess of $1,500 USD); boats and yachts; live animals; cash; lumber; ceramic, marble or granite tiles, slab blocks, countertops or statues; negotiable papers; cigarettes and other tobacco products; perishable commodities; pharmaceutical drugs; precious stones and metals; fine arts (valued in excess of $10,000 USD per piece); scrap metal; steel metal and steel metal products; flowers; raw cotton; automotive engines or used automotive merchandise made of metal; government action; shipping costs; and securities.
Valuation. Included goods are valued at the amount shown on Your purchase invoice, excluding taxes, tariffs, and shipping charges.
Coverage Limits. Seel is not liable for more than $250,000 USD for any one vessel or conveyance per any one account, except that in the following cases, Worry-Free Purchase shall not cover more than: $5,000 USD for any one package or shipment, $2,500 USD for any one package or shipment containing a laptop or tablet computer, mobile phone or smartphone, or smartwatch ("Protection Limit").
Any shipments that exceed Seel's Protection Limit will only be paid out up to the applicable Seel Protection Limit. Worry-Free Purchase coverage attaches from the time the covered goods commence transit and/or are located anywhere incidental to transit and continues during the ordinary course of transit until transportation terminates at final destination or until Your interest ceases, whichever occurs first.
Reporting Requirements. Requests for a refund or replacement for a loss, theft, damage, or delay ("Claims") must be made in accordance with the timeframes specified below. All Claims must be submitted no later than ninety (90) days following the order date for the goods, or such shorter period of time as specified below for the particular type of request.
Loss Due to Non-Delivery. Where goods are presumed to be lost because the goods were never delivered and the package status does not show "delivered," You must file a Claim no sooner than ten (10) days following the date on which the goods were shipped for domestic shipments within the United States, and no sooner than thirty (30) days following the date on which the goods were shipped for international shipments.
Damage. If goods arrive damaged or in unacceptable condition, a Claim must be filed no later than seven (7) days after the date the goods were marked as delivered by the shipping carrier.
Porch Piracy (Stolen Packages). Porch piracy refers to a missing package that has been marked as delivered by the shipping carrier but was not received by You. Claims related to suspected porch piracy must be submitted no later than seven (7) days after the date the goods were marked as delivered.
Delay. Claims related to delay in the delivery of goods must be filed no sooner than ten (10) days following the date on which the goods were shipped for domestic shipments and no sooner than thirty (30) days following the date on which the goods were shipped for international shipments. For both domestic and international shipments, a delay Claim may be reported during the applicable reporting window as long as the package status is not "delivered" at the time of reporting. The maximum coverage for delay Claims is $10.00 per package or shipment, regardless of the value of the goods or any other damages claimed.
Merchant-Specific Terms. Requirements and timeframes may vary depending on specific agreements between Seel and individual Merchant partners. The specific terms applicable to Your purchase will be provided in Your purchase confirmation email from Seel. You may also review the terms applicable to Your purchase by logging in to resolve.seel.com.
Chargeback Restriction. If You have purchased Worry-Free Purchase for an order placed with a Merchant and experience a loss, theft, damage, or delay, You agree to file a Claim with Seel first and follow the Seel Claims process to its conclusion instead of filing a chargeback for the same loss with Your credit card provider. If You choose to file a chargeback for the loss prior to the conclusion of the Claims process, Seel reserves the right to refund You the cost of the Worry-Free Purchase fee only, in lieu of any other compensation and in full satisfaction of Seel's obligations thereunder.
Anti-Double Recovery & Merchant Reimbursement Rules. A loss shall not be subject to double or duplicate compensation. If You have already received a refund, replacement, or other compensation directly from the Merchant for the same issue underlying a Claim, You shall be deemed to have automatically waived Your right to file, or continue to pursue, a Claim with Seel for that same issue. Correspondingly, Seel’s obligation to reimburse a Merchant for any refund, replacement, or compensation the Merchant has provided directly to You shall not exceed the Protection Limit applicable to the order, less any amount already paid by Seel directly to You with respect to the same issue.
Geographic Restrictions. Worry-Free Purchase does not cover shipments to, from, or domestically within countries or regions subject to comprehensive U.S. sanctions, including but not limited to, Afghanistan, Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen, or any other areas subject to OFAC (Office of Foreign Assets Control) restrictions. It also does not cover shipments to or orders placed in mainland China.
Approval and Settlement. Should a Claim be approved by Seel Insurance, Inc. based on the advisement of Seel, it will be deemed to be in full settlement and satisfaction of all claims and demands by You (the "Claimant"). For clarity, Seel and Seel Insurance, Inc. reserve the right in their sole discretion to refuse to allow for a refund or replacement if Seel and/or Seel Insurance, Inc. reasonably believe or make a determination that such Claim is fraudulent or otherwise not covered under the Services. In consideration of any Claim payment, the Claimant hereby releases and discharges Seel Insurance, Inc., Seel Insurance Services, Inc., Seel, Inc., and each of their respective principals, executives, agents, employees, representatives, successors, assigns, subsidiaries, and affiliated companies, from any and all further claims existing and/or arising in the future relating to the merchandise that is the subject of the Claim.
If there is a loss, theft, or damage while the package is under the control of a common carrier, including, but not limited to, FedEx, UPS, USPS, or DHL, and Seel makes a payment to You related to that loss, theft, or damage, Seel shall have the exclusive right to seek recovery from the common carrier, and You agree to cooperate with Seel in pursuing any such recovery.
Claimant Cooperation. The Claimant agrees to cooperate with and to assist Seel Insurance, Inc. and Seel and to provide all documentation or other information which may be needed; and to execute in the Claimant's name any documents which may be necessary to evaluate and process any Claim. In exchange for any Claim payment, the Claimant agrees that any monies collected from any carrier, vessel, person or corporation in connection with the subject merchandise, whether received in the first instance by the Claimant or by Seel Insurance, Inc. or Seel, shall be the property of Seel Insurance, Inc.; and that the acceptance of any Claim payment shall not prejudice or take away any rights or remedies which Seel Insurance, Inc. would otherwise have by virtue of such payment.
Resolution Options. In the event of a covered Claim, Seel Insurance, Inc. or Seel shall determine whether the merchandise will be replaced, repaired, or refunded, based on the advisement of Seel, which determination is made in accordance with Seel's agreements with its Merchant partners and the availability of the merchandise. Replacement, repair, and refund options are each part of these Terms and have been agreed as such. Worry-Free Purchase is not included with any other Seel product or service unless expressly stated, and does not extend protection, returns coverage, or product protection to orders, shipments, or merchandise other than as paid for by the applicable Merchant or You as the Consumer on a per-transaction basis. Seel is not otherwise liable for any claims, reimbursement, or reorder obligations to You in respect of any orders, shipments, or merchandise not covered by Worry-Free Purchase.
Third-Party Services. Your use of the Services may contain links to and allow You to access a Merchant's website, other third-party websites, resources, or services (including, without limitation, links to certain brands' websites and online shops) (collectively "Third-Party Services"). We provide access only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party Services or links displayed on such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from Your use of any Third-Party Services.
Intellectual Property
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If You choose to submit Feedback, You agree that we are free to use it without any restriction or compensation to You.
Seel Intellectual Property. We own and retain all right, title, and interest in and to our Services (except for any licensed content, trademarks, and software components included in the Services, which are the property of their respective owners). Subject to the limited rights expressly granted in these Terms, no rights are granted to You under these Terms (whether by implication, estoppel, exhaustion, or otherwise). You understand and agree that You have no ownership interest in the Services. Our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Seel in the U.S. and/or other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We also reserve the right to determine and control all aspects (including all functionality) of the Services and our trade dress, as well as the right to re-design, modify and remove any or all aspects of them.
Your Intellectual Property; Aggregate Data. You retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by You to Seel in connection with Your use of our Services and (b) reports and other materials generated by our Services following such transmission (collectively, "Member Data"); provided, however, that by using the Services, You acknowledge and agree that Seel may derive or aggregate in de-identified form any data from: (c) the Member Data; or (d) Your use of the Services, including, without limitation, any usage data or trends with respect to the Services ((c) and (d) collectively, "Aggregate Data"). As between You and us, we own and retain all title, ownership, and intellectual property rights in and to the Aggregate Data.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If You choose to submit Feedback, You agree that we are free to use it without any restriction or compensation to You.
Seel Intellectual Property. We own and retain all right, title, and interest in and to our Services (except for any licensed content, trademarks, and software components included in the Services, which are the property of their respective owners). Subject to the limited rights expressly granted in these Terms, no rights are granted to You under these Terms (whether by implication, estoppel, exhaustion, or otherwise). You understand and agree that You have no ownership interest in the Services. Our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Seel in the U.S. and/or other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We also reserve the right to determine and control all aspects (including all functionality) of the Services and our trade dress, as well as the right to re-design, modify and remove any or all aspects of them.
Your Intellectual Property; Aggregate Data. You retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by You to Seel in connection with Your use of our Services and (b) reports and other materials generated by our Services following such transmission (collectively, "Member Data"); provided, however, that by using the Services, You acknowledge and agree that Seel may derive or aggregate in de-identified form any data from: (c) the Member Data; or (d) Your use of the Services, including, without limitation, any usage data or trends with respect to the Services ((c) and (d) collectively, "Aggregate Data"). As between You and us, we own and retain all title, ownership, and intellectual property rights in and to the Aggregate Data.
Termination
We may suspend or terminate Your access to and use of the Services, in whole or in part, including suspending access to or terminating Your Account, at our sole discretion, at any time and without notice to You. You may stop use of the Services at any time, and You may terminate Your Account in Your Account settings or by emailing support@seel.com requesting cancellation. Upon any termination, discontinuation, or cancellation of the Services or Your Account, (a) any Worry-Free Purchase option You have already purchased will remain in effect unless otherwise stated in Your purchase confirmation email, and (b) the following Sections will survive: 3, 5-11, and this sentence of Section 4.
We may suspend or terminate Your access to and use of the Services, in whole or in part, including suspending access to or terminating Your Account, at our sole discretion, at any time and without notice to You. You may stop use of the Services at any time, and You may terminate Your Account in Your Account settings or by emailing support@seel.com requesting cancellation. Upon any termination, discontinuation, or cancellation of the Services or Your Account, (a) any Worry-Free Purchase option You have already purchased will remain in effect unless otherwise stated in Your purchase confirmation email, and (b) the following Sections will survive: 3, 5-11, and this sentence of Section 4.
Indemnification
You agree to indemnify, defend, and hold Seel, Inc., Seel Insurance, Inc., Seel Insurance Services, Inc., their parents, subsidiaries, affiliates, and service providers, and each of their respective officers, employees, contractors, agents, and business partners (collectively, the "Seel Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) incurred in connection with any judicial or non-judicial claim, demand or action (each a "Demand") relating to or arising out of: (a) Your access to, use of, or misuse of the Services; (b) Your violation of this Agreement; (c) Your violation of any rights of another party, including any Merchants and/or other Consumers; (d) any dispute with a Merchant regarding their products or services, or the Merchant's failure to abide by their agreements with You; or (e) Your violation of any applicable laws, rules or regulations. Seel 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 Seel in asserting any available defenses. You will not settle any Demand without Seel's prior written consent.
You agree to indemnify, defend, and hold Seel, Inc., Seel Insurance, Inc., Seel Insurance Services, Inc., their parents, subsidiaries, affiliates, and service providers, and each of their respective officers, employees, contractors, agents, and business partners (collectively, the "Seel Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) incurred in connection with any judicial or non-judicial claim, demand or action (each a "Demand") relating to or arising out of: (a) Your access to, use of, or misuse of the Services; (b) Your violation of this Agreement; (c) Your violation of any rights of another party, including any Merchants and/or other Consumers; (d) any dispute with a Merchant regarding their products or services, or the Merchant's failure to abide by their agreements with You; or (e) Your violation of any applicable laws, rules or regulations. Seel 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 Seel in asserting any available defenses. You will not settle any Demand without Seel's prior written consent.
Disclaimer of Warranty
YOUR USE OF ANY OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR SERVICES. THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES, NOR THE ADEQUACY, ACCURACY, QUALITY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES, OR RELIABILITY OF ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS LIMITS YOUR RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS.
YOUR USE OF ANY OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR SERVICES. THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES, NOR THE ADEQUACY, ACCURACY, QUALITY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES, OR RELIABILITY OF ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS LIMITS YOUR RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ON BEHALF OF OURSELVES AND THE OTHER SEEL PARTIES, AND OUR SERVICE PROVIDERS, EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESSING OR USING, OR INABILITY TO ACCESS OR USE, ALL OR ANY PART OF ANY OF OUR SERVICES, OR YOUR RELIANCE ON SUCH SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH SUCH SERVICES, REGARDLESS OF OUR NEGLIGENCE AND/OR KNOWLEDGE THEREOF, IRRESPECTIVE OF THE THEORY ON WHICH THEY ARE BASED (E.G. NEGLIGENCE, TORT, STRICT LIABILITY), AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SEEL, THE SEEL PARTIES, OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (I) $100 USD; AND (II) THE AMOUNT OF ANY LOSS THAT WE ARE REQUIRED TO PAY UNDER THESE TERMS. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEEL AND YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ON BEHALF OF OURSELVES AND THE OTHER SEEL PARTIES, AND OUR SERVICE PROVIDERS, EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESSING OR USING, OR INABILITY TO ACCESS OR USE, ALL OR ANY PART OF ANY OF OUR SERVICES, OR YOUR RELIANCE ON SUCH SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH SUCH SERVICES, REGARDLESS OF OUR NEGLIGENCE AND/OR KNOWLEDGE THEREOF, IRRESPECTIVE OF THE THEORY ON WHICH THEY ARE BASED (E.G. NEGLIGENCE, TORT, STRICT LIABILITY), AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SEEL, THE SEEL PARTIES, OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (I) $100 USD; AND (II) THE AMOUNT OF ANY LOSS THAT WE ARE REQUIRED TO PAY UNDER THESE TERMS. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEEL AND YOU.
International Users
The Site can be accessed from countries around the world and may contain references to Services that are not available in Your country. These references do not imply that Seel intends to announce or promote the availability of such Services in Your country. The Services are controlled and offered by Seel from its facilities in the United States of America. Seel makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law(s).
The Site can be accessed from countries around the world and may contain references to Services that are not available in Your country. These references do not imply that Seel intends to announce or promote the availability of such Services in Your country. The Services are controlled and offered by Seel from its facilities in the United States of America. Seel makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law(s).
Governing Law and Forum Choice
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent the parties are permitted under this Agreement to initiate litigation in a court (other than small claims), or if You are located outside of the United States, both You and Seel agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts located in San Francisco County, California, or federal courts located in the Northern District of California.
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent the parties are permitted under this Agreement to initiate litigation in a court (other than small claims), or if You are located outside of the United States, both You and Seel agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts located in San Francisco County, California, or federal courts located in the Northern District of California.
Dispute Resolution
Please read the following arbitration agreement in this Section carefully. It requires You to arbitrate disputes with Seel and limits the manner in which You can seek relief from us.
Good-faith efforts to resolve disputes informally can often result in a prompt, low-cost, and mutually beneficial outcome. You and Seel therefore agree that, before an arbitration demand is submitted, whoever is bringing the dispute will first attempt to informally resolve the dispute in good faith over a period of 60 days. During this time, any applicable statute of limitations will be tolled. As part of these informal negotiations, You and Seel will have at least one phone call or in-person meeting. That meeting must be for You only; we cannot combine multiple people bringing claims into a single conference. You and Seel agree to hold a separate conference each time either party intends to commence individual arbitration. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference, but the party also must appear at and participate in the conference. The parties must have the conference before commencing individual arbitration, and the arbitration provider must dismiss any arbitration commenced by a party that has not fulfilled this requirement.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Seel agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that You and Seel are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 10(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
(d) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds Your Dispute frivolous. If we prevail in arbitration (i.e., we are the party whose major positions taken could fairly be said to have prevailed over Your major positions on material disputed issues), we'll pay all of our attorneys' fees and costs and won't seek to recover them from You. If You prevail in arbitration You will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 10(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that You or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND SEEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Mass Arbitration Dispute Process. If 20 or more arbitration demands of a substantially similar nature, or by or with the assistance of the same law firm or collection of law firms, are initiated against Seel within a 180-day period (“Mass Arbitration Demands”), the following procedure shall apply. At the request of either party, an arbitrator shall be selected pursuant to the applicable arbitration provider’s rules to act as a special master to resolve threshold disputes regarding the propriety of some or all the Mass Arbitration Demands, including but not limited to, any dispute falling within the arbitration provider’s rules providing for the resolution of threshold disputes in a mass arbitration. These threshold disputes may include, but are not limited to:
(i) any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers;
(ii) any dispute regarding whether the applicable arbitration provider has complied with the arbitration agreement with respect to processing and administering the Mass Arbitration Demands;
(iii) any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth above;
(iv) any dispute regarding whether the demands have complied with all conditions precedent to commencing arbitration, including compliance with the informal dispute resolution process described above;
(v) any dispute regarding whether claimants are barred from proceeding with their claims based on a prior settlement agreement or expiration of the statute of limitations;
(vi) any dispute relating to representation of the same claimant by multiple law firms;
(vii) any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider;
(viii) any dispute regarding whether the Mass Arbitration Demands violate Rule 11 of the Federal Rules of Civil Procedure and/or any applicable state law equivalent;
(ix) any dispute or issue regarding the equitable and efficient initial case management of the Mass Arbitration Demands, including, but not limited to, the timing and/or sequence of payment of any remaining filing or administrative fees or costs related to the Mass Arbitration Demands; and
(x) any other dispute falling within the arbitration provider’s rules providing for the resolution of threshold disputes in a mass arbitration.
Except as provided below, during the 15-day period following the filing and service of any arbitration demand that qualifies as part of the same group of Mass Arbitration Demands—or upon the request of a party to appoint a special master—the arbitration provider shall refrain from further processing of any demands that are part of the same group of Mass Arbitration Demands, and no further payment (i.e., other than amounts required to be paid by the party initiating arbitration at the time the arbitration demand is filed) for filing fees, administrative fees or costs, or arbitrator fees shall be deemed due with respect to those demands. A party’s decision not to invoke this procedure in response to a particular arbitration demand shall not constitute a waiver of any defense to any arbitration demand. Likewise, a party’s decision not to invoke this procedure in response to a particular demand will not preclude the same party from later invoking this procedure in response to any other arbitration demand, including one that qualifies as part of the same group of Mass Arbitration Demands as an earlier-filed demand. But Seel agrees to pay the applicable arbitration provider’s and special master’s fees and costs related to the proceedings before the special master.
A special master appointed pursuant to this procedure may award any party any appropriate remedy to which that party is entitled under applicable law with respect to the issues presented to and decided by the special master, but shall have no authority to consolidate cases or decide issues outside of those specified above. After proceedings before the special master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, all such demands shall proceed on an individual basis only, and the arbitration provider must administer them individually in accordance with the provider’s rules (including any rules relating to mass arbitrations) and this arbitration agreement. However, You and Seel mutually agree that, to make arbitration more cost-effective and efficient, the applicable arbitration provider may assign up to 50 claims within a mass arbitration to the same arbitrator. Multiple claims assigned to the same arbitrator shall each be resolved on an individual basis by the arbitrator, and the arbitrator’s decision in each proceeding shall be binding only upon the parties to each individual arbitration.
(h) Severability. With the exception of any of the provisions in Section 10(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Please read the following arbitration agreement in this Section carefully. It requires You to arbitrate disputes with Seel and limits the manner in which You can seek relief from us.
Good-faith efforts to resolve disputes informally can often result in a prompt, low-cost, and mutually beneficial outcome. You and Seel therefore agree that, before an arbitration demand is submitted, whoever is bringing the dispute will first attempt to informally resolve the dispute in good faith over a period of 60 days. During this time, any applicable statute of limitations will be tolled. As part of these informal negotiations, You and Seel will have at least one phone call or in-person meeting. That meeting must be for You only; we cannot combine multiple people bringing claims into a single conference. You and Seel agree to hold a separate conference each time either party intends to commence individual arbitration. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference, but the party also must appear at and participate in the conference. The parties must have the conference before commencing individual arbitration, and the arbitration provider must dismiss any arbitration commenced by a party that has not fulfilled this requirement.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Seel agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that You and Seel are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 10(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
(d) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds Your Dispute frivolous. If we prevail in arbitration (i.e., we are the party whose major positions taken could fairly be said to have prevailed over Your major positions on material disputed issues), we'll pay all of our attorneys' fees and costs and won't seek to recover them from You. If You prevail in arbitration You will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 10(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that You or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND SEEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Mass Arbitration Dispute Process. If 20 or more arbitration demands of a substantially similar nature, or by or with the assistance of the same law firm or collection of law firms, are initiated against Seel within a 180-day period (“Mass Arbitration Demands”), the following procedure shall apply. At the request of either party, an arbitrator shall be selected pursuant to the applicable arbitration provider’s rules to act as a special master to resolve threshold disputes regarding the propriety of some or all the Mass Arbitration Demands, including but not limited to, any dispute falling within the arbitration provider’s rules providing for the resolution of threshold disputes in a mass arbitration. These threshold disputes may include, but are not limited to:
(i) any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers;
(ii) any dispute regarding whether the applicable arbitration provider has complied with the arbitration agreement with respect to processing and administering the Mass Arbitration Demands;
(iii) any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth above;
(iv) any dispute regarding whether the demands have complied with all conditions precedent to commencing arbitration, including compliance with the informal dispute resolution process described above;
(v) any dispute regarding whether claimants are barred from proceeding with their claims based on a prior settlement agreement or expiration of the statute of limitations;
(vi) any dispute relating to representation of the same claimant by multiple law firms;
(vii) any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider;
(viii) any dispute regarding whether the Mass Arbitration Demands violate Rule 11 of the Federal Rules of Civil Procedure and/or any applicable state law equivalent;
(ix) any dispute or issue regarding the equitable and efficient initial case management of the Mass Arbitration Demands, including, but not limited to, the timing and/or sequence of payment of any remaining filing or administrative fees or costs related to the Mass Arbitration Demands; and
(x) any other dispute falling within the arbitration provider’s rules providing for the resolution of threshold disputes in a mass arbitration.
Except as provided below, during the 15-day period following the filing and service of any arbitration demand that qualifies as part of the same group of Mass Arbitration Demands—or upon the request of a party to appoint a special master—the arbitration provider shall refrain from further processing of any demands that are part of the same group of Mass Arbitration Demands, and no further payment (i.e., other than amounts required to be paid by the party initiating arbitration at the time the arbitration demand is filed) for filing fees, administrative fees or costs, or arbitrator fees shall be deemed due with respect to those demands. A party’s decision not to invoke this procedure in response to a particular arbitration demand shall not constitute a waiver of any defense to any arbitration demand. Likewise, a party’s decision not to invoke this procedure in response to a particular demand will not preclude the same party from later invoking this procedure in response to any other arbitration demand, including one that qualifies as part of the same group of Mass Arbitration Demands as an earlier-filed demand. But Seel agrees to pay the applicable arbitration provider’s and special master’s fees and costs related to the proceedings before the special master.
A special master appointed pursuant to this procedure may award any party any appropriate remedy to which that party is entitled under applicable law with respect to the issues presented to and decided by the special master, but shall have no authority to consolidate cases or decide issues outside of those specified above. After proceedings before the special master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, all such demands shall proceed on an individual basis only, and the arbitration provider must administer them individually in accordance with the provider’s rules (including any rules relating to mass arbitrations) and this arbitration agreement. However, You and Seel mutually agree that, to make arbitration more cost-effective and efficient, the applicable arbitration provider may assign up to 50 claims within a mass arbitration to the same arbitrator. Multiple claims assigned to the same arbitrator shall each be resolved on an individual basis by the arbitrator, and the arbitrator’s decision in each proceeding shall be binding only upon the parties to each individual arbitration.
(h) Severability. With the exception of any of the provisions in Section 10(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Miscellaneous
The communications between You and Seel use electronic means, whether You visit the Services or send Seel emails, or whether Seel posts notices on the Services or communicates with You via email, telephone, or text. For contractual purposes, You (1) consent to receive communications from Seel in an electronic form through email, telephone, or text, including for marketing purposes; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to this Agreement that Seel provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect Your statutory rights. You may opt out of receiving text messages from Seel at any time, either by texting the word “STOP” or other instruction provided by Seel in the text You receive, or by contacting Seel as provided in the Privacy Policy.
This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without Seel's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Seel may freely assign, delegate or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Seel is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemic, embargos, acts of civil or military authorities, fire, floods, accidents, disputes between You and the Merchant when the Merchant breaches its own terms with You, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Where Seel requires that You provide an email address, You are responsible for providing Seel with Your most current email address. In the event that the last email address You provided to Seel is not valid, or for any reason is not capable of delivering to You any notices required or permitted by this Agreement, Seel's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Seel at legal@seel.com. Such notice shall be deemed given when received by Seel.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous discussions between the parties with respect to such subject matter. Seel reserves the right to clarify or amend this Agreement by publicly publishing a new version on its or any of its successors' website.
Seel, Inc. is a Delaware corporation with its principal place of business in California, USA.
The communications between You and Seel use electronic means, whether You visit the Services or send Seel emails, or whether Seel posts notices on the Services or communicates with You via email, telephone, or text. For contractual purposes, You (1) consent to receive communications from Seel in an electronic form through email, telephone, or text, including for marketing purposes; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to this Agreement that Seel provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect Your statutory rights. You may opt out of receiving text messages from Seel at any time, either by texting the word “STOP” or other instruction provided by Seel in the text You receive, or by contacting Seel as provided in the Privacy Policy.
This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without Seel's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Seel may freely assign, delegate or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Seel is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemic, embargos, acts of civil or military authorities, fire, floods, accidents, disputes between You and the Merchant when the Merchant breaches its own terms with You, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Where Seel requires that You provide an email address, You are responsible for providing Seel with Your most current email address. In the event that the last email address You provided to Seel is not valid, or for any reason is not capable of delivering to You any notices required or permitted by this Agreement, Seel's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Seel at legal@seel.com. Such notice shall be deemed given when received by Seel.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous discussions between the parties with respect to such subject matter. Seel reserves the right to clarify or amend this Agreement by publicly publishing a new version on its or any of its successors' website.
Seel, Inc. is a Delaware corporation with its principal place of business in California, USA.
Contact Information
If You have any questions about these Terms or the Services, please contact Seel at support@seel.com.
For Claims assistance, visit resolve.seel.com or email claims@seel.com.
ANTI FRAUD STATEMENT. ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO DEFRAUD OR DECEIVE ANY INSURANCE COMPANY, FILES A STATEMENT OF CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY.
If You have any questions about these Terms or the Services, please contact Seel at support@seel.com.
For Claims assistance, visit resolve.seel.com or email claims@seel.com.
ANTI FRAUD STATEMENT. ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO DEFRAUD OR DECEIVE ANY INSURANCE COMPANY, FILES A STATEMENT OF CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY.