Terms of Use

 I. SeekYourGuru's Terms of Use Agreement

1. This is the SeekYourGuru Terms of Use Agreement. (as more fully hereafter defined, this “Agreement”)  It consists of the terms and conditions on which you, the user (the “user” or “you”), agree to enter into a binding contract with SeekYourGuru, Inc., a Delaware corporation (”SeekYourGuru” or “Company”), and the operator of the SeekYourGuru website (the “Site”).  PLEASE REVIEW THIS AGREEMENT VERY CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.  ONCE YOU CLICK ON THE PERTINENT “ACCEPT” BOX AT THE END OF THIS AGREEMENT, A CONTRACT ON ALL OF THE TERMS AND CONDITIONS SET FORTH  BELOW OR EXPLICITLY INCORPORATED BY REFERENCE HEREIN WILL TAKE FULL FORCE AND EFFECT

2. This Agreement consists of the following (items b-f below are incorporated by reference in this Agreement):

a.             The Main Agreement, which includes provisions I-XXV hereof

b.             The DOs & DON’TS of SeekYourGuru (the “Operating Rules”);

c.             The Privacy Policy;

d.             The Intellectual Property Policy;

e.             The Fees Policy;

f.             Any amendments to any of the foregoing made at any time by SeekYourGuru in its sole discretion pursuant to Section XXII, which amendments shall take effect immediately and without notice and shall be binding on you. See SECTION XXII for further information regarding changes and amendments hereto.

II. SeekYourGuru is Solely a Venue

SeekYourGuru acts solely as a venue to assist users to offer, sell, and buy certain coaching and related services and products, on terms set by the parties themselves. Because it solely provides a venue, SeekYourGuru is not directly involved in the transaction between buyers and sellers, does not pre-screen them, does not take legal title or warranty to any service or product and in general has no control over their conduct. Sellers are NOT employees, agents or contractors for SeekYourGuru, and SeekYourGuru assumes no liability or responsibility whatsoever for their actions and conduct. In consequence, SeekYourGuru:

     1. makes no representations or warranty concerning the quality, safety, morality or legality or accuracy of any aspect of the service or items listed, or the willingness of the seller to provide such services;

     2. cannot verify the truth or accuracy of the listings, the ability of sellers to sell the services or items in question or the ability of buyers to pay for service or items;

     3. does not promise or represent that the services provided will meet the buyer’s needs, will resolve buyer’s issues or concerns, or will otherwise be satisfactory in any respect;

     4. does not guarantee, or represent and warrant, the validity or accuracy of any services provided by a seller, or that the seller will make available any services actually contracted for;

     5. cannot guarantee the true identity, age, and nationality of a user;

     6. Will not be liable for any warranty, assurance or any other commitment given by the Seller of the service to the buyer

The Seller and buyer of the service shall deal independently and this Agreement cannot be construed as any partnership or joint venture or any other sharing of responsibility with SeekYourGuru.

The Seller and buyer of the service are free to use any other mode to verify the back ground and capability of the respective parties for user verification and protection before rendering any service or making payment for the services.

For these reasons, SeekYourGuru encourages you to communicate directly with potential transaction partners through the tools available on the Site. (You may also wish to consider using a third party escrow service or services that provide additional user verification and protection).

Further, as a condition to using its services you hereby acknowledge and agree that SeekYourGuru is solely a venue and as such is not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, service or items, and links posted by you, other users, or outside parties on SeekYourGuru. You enter into transactions with particular sellers or buyers, using the SeekYourGuru service, at your own risk.

FINALLY, SEEKYOURGURU DOES NOT REFER, ENDORE OR RECOMMEND ANY GURU (OR ACCEPT PAYMENT SPECIFICALLY IN EXCHANGE FOR RECOMMENDING A SPECIFIC GURU). NOR DOES IT VERIFY OR  EVALUATE THE ADVICE A GURU GIVES, OR THE EFFECTIVENESS OR ACCURACY OF HIS OR HER METHODS AND CLAIMS. NOR DOES SEEKYOURGURU REFER, ENDORSE, RECOMMEND ANY SPECIFIC GURU EXCEPT THE FEE PAYABLE AS PER FEE SCHEDULE FOR PROVIDING THE PLATFORM.

III. Meaning of “Guru” The services provided by SeekYourGuru:

For purposes of SeekYourGuru, a “guru” (as commonly defined in English language dictionaries), should be is a wise counselor or advisor; a mentor, and/or an acknowledged leader in a specific field. However, as more fully provided elsewhere below, SeekYourGuru does not investigate or verify the training, experienced, qualifications, capabilities, with proper licensure, history of discipline, or any other background information regarding its sellers, or its other members. As a result, it cannot and does not endorse or recommend any seller, any buyer, or any other member of its community.  Further , SeekYourGuru does not endorse or discriminate with respect to any religion, philosophy, or creed, and this Site is not intended to provide spiritual advice or to recruit any person to or for any religious group. Users are strongly urged to use their best , independent judgment in participating in any activities with a guru.

Note that from time to time, SeekYourGuru may feature a specific guru by describing the guru’s services, capacities and training or otherwise. These listings are based on the information provided by the Guru and are for informational purposes only, and do not constitute an endorsement or recommendation of the guru and will not be binding on SeekYourGuru.

IV. Membership Eligibility/Requirements 

To be eligible to be a member of the SeekYourGuru community, and use its platform services services, you must meet the eligibility and other requirements below:

1. Age: SeekYourGuru's platform services services are primarily available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 but at least 13 years of age can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities of the minor they are supervising and must be present while the minor is using the services in question, unless the parent or legal guardian determines that the supervision they actually provide by is adequate in light of the actual coaching or other services the minor is receiving, the minor’s age, and any other relevant circumstances. Minors cannot have separate accounts.

     2. Compliance: You agree to comply and abide with the following:

     a. This Agreement (including all Policies and Operating Rules;

     b. All local laws regarding online conduct and acceptable content;

     c. All applicable tax laws.

     d. All exchange central regulations of your country

     3. Password: You  must keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SeekYourGuru if your password has been any compromised or if there has been any unauthorized use of your account or your password or any breach of security with respect thereto. You also agree that SeekYourGuru cannot and will not be liable for any loss or damage arising from your failure to keep your password secure or your negligence or any third party misusing your password.

     4. Account Information You represent and warrant that the information you provide on registration is true and correct in all respects. You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell service or items on SeekYourGuru, you must have a valid credit card or paypal account or a Bank Account in your country on file with SeekYourGuru at all times.

     5. Account Transfer: You may not transfer or sell your SeekYourGuru account or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement, and you also guarantee the entity’s full performance of such obligations.

      6. Right to Refuse Service: SeekYourGuru's services are not available to temporarily or indefinitely suspended SeekYourGuru members. SeekYourGuru reserves the right, in SeekYourGuru’s sole discretion, to cancel unconfirmed or inactive accounts. Except where contrary to law, SeekYourGuru reserves the right to provide the Platform refuse service to anyone, for any reason, at any time. 

     7.  SeekYourGuru willl use reasonable efforts to keep your billing information (and any information to be kept private under the Privacy policy) confidential, but will have no responsibility or liability for inadvertent disclosures thereof).

V. Fees and Services 

1.  Becoming a guru and listing coaching services on SeekYourGuru is free for an initial period of one month. SeekYourGuru charges a percentage of the sale price when the service or item sells for using the SeekYourGuru platform. When you list an item you will have an opportunity to review and accept the fees that you will be charged by SeekYourGuru.  However, if you do not accept these fees, then you cannot use this service.. See the Fees Policy for further information. Changes to the Fees Policy and the fees for usage of SeekYourGuru’s platform services are effective one day after posting the charge in SeekYourGuru these are posted.

2. SeekYourGuru may, at SeekYourGuru's sole discretion, change some or all of SeekYourGuru's services at any time. In the event SeekYourGuru introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD) respective currency of the local country.  You are solely responsible to pay all of taxes associated with your use and revenues from the Site (except for SeekYourGuru’s income  taxes on the fees that it charges you), and agree to indemnify SeekYourGuru for any loss or damage it suffers with respect to such taxes.

3. As indicated above, you are personally responsible for paying all fees associated with using SeekYourGuru (even if those services are provided to a buyer by your corporate or other entity). SeekYourGuru keeps sellers' valid credit card or other accepted payment information on file. At the beginning of the month, each seller is emailed an invoice  detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account, as well as any monetary fees specified in the Fees Policy.

4. Fees and Termination: If SeekYourGuru terminates your account, if you close your account, or if the payment of your SeekYourGuru fees cannot be completed for any reason, you remain obligated to pay SeekYourGuru for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact SeekYourGuru.  The terms and amounts of any penalties are in the Fees Policy. 

5. Listing and Selling  

a. Listing Description: By listing a service or item on the Site you warrant that you and all aspects of the service or item comply with SeekYourGuru’s policies. You also warrant that you may legally sell the service or item. You must accurately describe your service or item and all terms of sale in your SeekYourGuru shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that service or item. Each listing must accurately and completely describe the service or item/items for sale in that listing. Each unique service or item must have its own listing.  The service you list in SeekYourGuru are not infringement of any other parties right, interest and you only will be liable for the same.

b. Binding Sale: All sales are binding on the seller and the respective buyer. If there is a legitimate dispute between a buyer and a seller as to whether they have reached such an agreement, then the parties must resolve this between themselves. However, a party may not use an alleged failure to agree to a sales as a pretext to avoid its obligations hereunder.  The seller is obligated to complete an agreed-to transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. Similarly, the buyer is obligated to deliver appropriate payment for service or items purchased, unless there is an exceptional circumstance. Whether an exceptional circumstance has arisen is ultimately to be determined by the parties in dispute negotiation directly, or by a court of law. SeekYourGuru may nevertheless impose its own discipline under this Agreement on this or any other issue, even if a court does not and SeekYourGuru will not be responsible or liable to the Seller or buyer of service..

c. Fee Avoidance: The price stated in each service or item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the service or item's price after a sale for the purpose of avoiding SeekYourGuru transaction fees. All fees paid to SeekYourGuru  by a seller are non-refundable.

VI. Prohibited, Questionable and Infringing Service or items and Activities

You are solely responsible for your conduct and activities on SeekYourGuru, and for any and all data, text, information, user names, graphics, images, photographs, profiles, audio, video, service or items, and links (together, “Content”) that you submit, post, and display on SeekYourGuru. SeekYourGuru reserves the right but has no obligation to police or discipline any of the Restricted Activities below. However, any of the following shall be grounds for termination at any time after occurring, and no inactivity or failure to act on the part of SeekYourGuru shall act as a waiver of its rights to prohibit the following (any such inactivity or failure to act is most likely to result from the broad scope of SeekYourGuru’s activities and a lack of infinite resources to deal with the same).

Restricted Activities: Your Content and your use of SeekYourGuru shall not:

1.             Be false, inaccurate or misleading.

2.             Be fraudulent or involve the sale of illegal, counterfeit or stolen service or items

3.             Infringe upon any SEEKYOURGURU or any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, SeekYourGuru’s Copyright and Intellectual Property Policy)

4.             Violate this Agreement, the Operating Rules, any Site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination and/or false advertising).

5.             Contain service or items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;

6.             Be defamatory, libelous, threatening,or  harassing, or impersonate or intimidate any person (including SeekYourGuru staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or the creation of false account(s) or any other method or device;

7.             Be obscene or contain child pornography or  otherwise lewd, lascivious, filthy or excessively violent or otherwise objectionable; (any other adult content shall be subject to the Operating Rules).

8.             Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

9.         Host images not part of a listing;

10.         Modify, adapt or hack SeekYourGuru or modify another website so as to falsely imply that it is associated with SeekYourGuru, or claim that SeekYourGuru endorses you, your services and/or your products;

11.         Appear to or actually create liability for SeekYourGuru or cause SeekYourGuru to lose (in whole or in part) the services of SeekYourGuru’s ISPs or other suppliers;

12.         Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the Operating Rules or other policy documents as posted on SeekYourGuru;

13.         List any service or item on SeekYourGuru (or consummate any transaction that was initiated using SeekYourGuru’s service) that, by paying to SeekYourGuru the listing fee or the final value fee, could cause SeekYourGuru to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use; or

14.         Interfere with or damage the Site or its software, operations or activities by any means whatsoever.

16.         Will affect the Sovereign interest of any the country

16.         Will not affect public interest of any country

EACH SELLER FURTHER AGREES, AND REPRESENTS AND WARRANTS, THAT IT WILL NOT USE THE SITE TO ENGAGE IN THE PRACTICE OF ANY PROFESSION, INCLUDING BUT NOT LIMITED TO THOSE OF LAW OR MEDICINE, WHERE THE MANNER OF SUCH PRACTICE, OR THE PAYMENT OF FEES, OR ANY OTHER ACT OR OMISSION, WOULD CAUSE SEEKYOURGURU TO BE LIABLE FOR OR WITH RESPECT TO SUCH PRACTICE, WHETHER AS A RESULT OF IT BEING DETERMINED TO BE THE  UNAUTHORIZED PRACTICE OF SUCH PROFESSION, MALPRACTICE THEREOF, OR IN ANY  OTHER MANNER OR RESPECT.  IN SUCH EVENT, EACH SUCH SELLER AGREES TO INDEMNIFY AND DEFEND SEEKYOURGURU FOR ALL COSTS, DAMAGES AND EXPENSES, INCLUDING ATTORNEYS’ FEES,  FOR THE SAME.

VII. Content

     1. License: Except as provided below, SeekYourGuru does not claim ownership or other rights in your Content. By becoming a member on this Site, you grant SeekYourGuru a license solely to enable SeekYourGuru to use any information or Content you supply SeekYourGuru with, so that SeekYourGuru is not violating any rights you might have in that Content. You grant SeekYourGuru a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (and any other related rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow SeekYourGuru to store or re-format your Content on SeekYourGuru and display your Content on SeekYourGuru in any way as SeekYourGuru chooses. SeekYourGuru will only use personal information in accordance with SeekYourGuru's Privacy Policy.  

As part of a transaction, you may obtain personal information, including email address and shipping information, from another SeekYourGuru user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for SeekYourGuru-related communications. SeekYourGuru has not granted you a license to use such information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any SeekYourGuru user to your email or physical mail list. For more information, see SeekYourGuru’s Privacy Policy.

     2. Re-Posting Content: By posting Content on SeekYourGuru, it is possible for an outside website or a third party to re-post that Content. You agree to hold SeekYourGuru harmless for any dispute concerning this use. If you choose to display your own SeekYourGuru-hosted image on another website, the image must provide a link back to its listing page on SeekYourGuru.

VIII.  Information Control

SeekYourGuru does not control the Content provided by users that is made available on SeekYourGuru. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretenses.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using SeekYourGuru, you agree to accept such risks and acknowledge and agree that SeekYourGuru (and its officers, directors, agents, subsidiaries, joint venturerers operators and employees) are not responsible for any acts or omissions of users on SeekYourGuru. Please use caution and common sense, all precaution and practice safe buying and selling when using SeekYourGuru.

Other Resources: SeekYourGuru is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SeekYourGuru does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that SeekYourGuru shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

IX. Meetings

1. Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with SeekYourGuru’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. SeekYourGuru is not involved with user generated groups, the groups’ requirements, or the Meetings (except that SeekYourGuru reserves its rights to ensure that any and all requirements and prohibitions regarding Meetings and any other directly related activities are observed).

2. SeekYourGuru does not supervise or control the Meetings, user-initiated online or offline gatherings, or interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that SeekYourGuru does not in any way screen its users (except that it restricts the activies of minors, as provided above).  All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

3. Groups or User Fees: Some user-generated groups on SeekYourGuru may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. SEEKYOURGURU IS NOT INVOLVED IN THESE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO SEEKYOURGURU; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY SEEKYOURGURU, AND SEEKYOURGURU HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER(S) OF THE GROUP IN CONNECTION WITH ITS USE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT SEEKYOURGURU IS NEITHER INVOLVED IN NOR A PARTY TO ANY PAYMENT ACTIVITY,, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, SEEKYOURGURU USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”).  YOU FURTHER AGREE THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

X. Resolution of Disputes and Release

In the event a dispute arises between you and SeekYourGuru, please contact SeekYourGuru.

Should you have a dispute with one or more users, or an outside party, you release SeekYourGuru (and SeekYourGuru's officers, directors, agents, subsidiaries, joint ventures, operators and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. SeekYourGuru encourages users to report user-to-user disputes to your local governmental and law enforcement personnel, or to a certified mediation or arbitration entity, as applicable.

SeekYourGuru, in its sole discretion and for the benefit of users, may try to help users resolve disputes. However, it has no obligation to do so. To the extent that SeekYourGuru attempts to resolve a dispute, SeekYourGuru will do so in good faith based solely on SeekYourGuru’s policies. SeekYourGuru will not make judgments regarding legal issues or claims, but has the right to interpret this Agreement in accordance with its best judgment, and such interpretations shall be binding on all users unless they are a manifest and unsupported abuse of discretion.

XI. SeekYourGuru's Intellectual Property

“SEEKYOURGURU”, and other SeekYourGuru graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks and/or trade dress of SeekYourGuru, Inc. in the U.S. and/or other countries. SeekYourGuru's trademarks and trade dress should may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

XII. Access and Interference

SeekYourGuru may contain robot exclusion headers which contain internal rules for software usage. Much of the information on SeekYourGuru is updated on a real-time basis and is proprietary or is licensed to SeekYourGuru by SeekYourGuru's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access SeekYourGuru for any purpose without SeekYourGuru’s prior express written permission. Additionally, you agree that you will not:

1.             Take any action that imposes, or may impose, in SeekYourGuru’s sole discretion, an unreasonable or disproportionately large load on SeekYourGuru’s infrastructure;

2.             Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your own Content, or other allowed uses as set out in the the Operating Rules) without the prior, express written permission of SeekYourGuru and the appropriate third party, as applicable;

3.             Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

4.             Bypass SeekYourGuru’s robot exclusion headers or other measures SeekYourGuru may use to prevent or restrict access to SeekYourGuru.

XIII. Breach

Without limiting any other remedies, SeekYourGuru may, without notice, and without refunding any fees,, delay or immediately remove Content, warn SeekYourGuru’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site, as well as to refuse to provide services to a user if any of the following apply: 

     1. SeekYourGuru suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) that a user has breached could / breach this Agreement, the Privacy Policy, the Operating Rules, or other policy documents and community guidelines incorporated herein;

     2. SeekYourGuru is unable to verify or authenticate any of your personal information or Content;

     3. SeekYourGuru believes that a user is acting inconsistently with the letter or spirit of SeekYourGuru’s policies, has engaged in improper or fraudulent activity in connection with SeekYourGuru or has taken actions which SeekYourGuru believes may cause legal liability or financial loss to SeekYourGuru's users or to SeekYourGuru.

XIV. Privacy

Except as provided in SeekYourGuru’s Privacy Policy SeekYourGuru will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. SeekYourGuru stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

XV. No Warranty

SEEKYOURGURU (INCLUDING FOR PURPOSES OF THIS PARAGRAPH AND SECTIONS XVI-XVII, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OPERATIORS AND SUPPLIERS) PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. IN PARTICULAR, SEEKYOURGURU HAS NO LIABILITY TO ENSURE THAT ANY SELLLER USING THIS WEBSITE WILL PROVIDE SATISIFACTORY SERVICES, WILL RESOLVE A BUYER’S CONCERNS OR ISSUES, OR WILL BE SUITABLE FOR BUYER’S NEEDS. THE USE OF THIS WEBSITE IS AT BUYER’S OWN RISK. IF YOU USE OR RELY ON A SELLER, YOU MUST EXERCISE A HIGH DEGREE OF CARE. SEEKYOURGURU SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SEEKYOURGURU SHALL CREATE ANY WARRANTY OF ANY KIND WHATSOEVER.

NOTE THAT SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

XVI. Liability Limit

IN NO EVENT SHALL SEEKYOURGURU BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOURS’ AND ANYONE ELSE’S CONDUCT IN CONNECTION WITH THE USE OF THE SITE, SEEKYOURGURU’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SEEKYOURGURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SEEKYOURGURU'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO SEEKYOURGURU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

XVII. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD SEEKYOURGURU AND ITS OPERATIONS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY OR ANYBODY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW OR REGULATIONS THE RIGHTS OF A THIRD PARTY.

XVIII No Guarantee

SeekYourGuru does not guarantee continuous, uninterrupted access to the Site, and operation of the Site and breakdowns during sessions may be interfered with by numerous factors outside SeekYourGuru’s control.

XIX. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of SeekYourGuru’s service and your listing, purchase, solicitation of offers to purchase, and sale of service or items.

XX. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intentions. All remaining provisions of this Agreement shall remain in full force and effect.

XXI. No Agency

You and SeekYourGuru are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

XXII. Modifications to or Termination of SeekYourGuru Service

As provided in part in Section III above, SeekYourGuru reserves the right to modify or terminate the SeekYourGuru service for any reason, without notice and without liability, at any time. SeekYourGuru reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, SeekYourGuru will notify you via email to the email address in your account, and will post notice of such material changes to the Site. What constitutes a "material change" will be determined at SeekYourGuru's sole discretion, in good faith, and using common sense and reasonable judgment. NOTWITHSTANDING THE PROVISION OR POSTING OF SUCH CHANGE(S) ON THE SITE, SUCH CHANGES SHALL TAKE EFFECT IMMEDIATELY. YOU ARE SUBJECT TO ALL SUCH CHANGES, AND IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL SUCH CHANGES, REGARDLESS OF THE MANNER IN WHICH, OR WHETHER, YOU RECEIVE EMAIL OR OTHER NOTICE OF SUCH CHANGE.

XXIII. Choice of Law/Jurisdiction

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California and subject to the next paragraph, disputes arising under this Agreement will be adjudicated in the state courts located in Santa Clara County, or in the federal courts located in the Northern District, of California.  By entering into this Agreement, you hereby waive and and all rights you  may have to join claims with those of others in the form of  a class action or similar procedural device. Rather, you agree that you must bring all claims individually.

Notwithstanding the preceding paragraph, at the option of either party hereto, any dispute hereunder will be subject to binding arbitration according to the Rules of Commercial Arbitration of the American Arbitration Association as then in effect, or such other procedures as the parties may agree to at the time, before an arbitrator selected as follows: each party shall select one arbitrator, who shall in turn select a third arbitrator, which third arbitrator shall alone perform the arbitration.  Any award issued as a result of such arbitration shall be final and binding between the parties, and shall be enforceable by a court having jurisdiction over the party against whom enforcement is sought.   However, either party may request injunctive and/or equitable relief either from the arbitrator or from a court in order to protect the rights or property  (including intellectual property) of the party, pending the resolution of the dispute by arbitration as provided hereunder.  For the purpose of requesting an injunction and/or equitable relief from a court, the parties agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California.

EACH OF THE PARTIES TO THIS AGREEMENT HEREBY VOLUNTARILY AND IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION OR OTHER PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT, ANY OF THE OTHER AGREEMENTS OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

XXIV. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (SeekYourGuru’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

XXV Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to SeekYourGuru Attn: Legal Department; 3663 Wodzienski Drive, San Jose, California  95148 (in the case of SeekYourGuru) or, in your case, to the email address you provide to SeekYourGuru (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SeekYourGuru may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SeekYourGuru. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, notice shall be as provided in SeekYourGuru’s Copyright and Intellectual Property Policy.

XXVI. Disclosures

The services hereunder are offered by SeekYourGuru Inc., located at 3663 Wodzienski Drive, San Jose, California  95148.