Welcome! Setle, Inc. (“we,” “our,” or “us”) provides its services through its website located at Setle.co along with related features, content, applications, and products (collectively the “Site” or “Setle”).
We know Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.
- By simply using our Site, including just browsing our website, you are agreeing to our Terms, so please read carefully.
- These Terms outline approved uses of Setle, various licenses we grant to you, and the licenses you grant to us.
- We take our commitment to customer service seriously and will work with you to make sure you are happy with the services we provide.
- If you have any questions or comments related to this Agreement, please send us a message on our website at email@example.com.
- If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Site.
How You Accept This Policy
We may modify and update the Terms at any time in our sole discretion. Any changes to the Terms will be reflected on this page and will become effective immediately upon posting. If the changes are significant, we will do our best to notify you via email or through a notification. Your continued use of the Site following the posting of the revised Terms means that you accept and agree to the changes. Please check the effective date below to determine if there have been any changes since you have last reviewed the Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Site.
Only individuals who are at least 18 years old and can form legally binding contracts can use Setle. If you are under 18 years old and would like to use Setle, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
You can only use our Site to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.
By using Setle, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Site. We may also change our eligibility criteria.
We offer our Site only for personal, noncommercial use and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Site for your minor child).
If you sign up for a Setle account, you will be responsible for maintaining the confidentiality of your password and account, if any, and will be fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session when accessing the Site. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Changes to Subscription Fees. We reserve the right to revise the fees we charge to subscribe to Setle. If we do so, and you’re currently subscribed to the Site, we’ll do our best to provide you with written notice (which may be by email) at least thirty days prior to the change.
Delinquent Payments. Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) that we incur in collecting delinquent amounts, except where such delinquent amounts are due to our billing inaccuracies.
Purchases Through the Site
Third Party Services and Content
We utilize links and other tools to connect users to third party services and websites, such as Google Analytics and Stripe (“Third Party Services”). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third Party Service through Setle are solely responsible for complying with the terms and policies of these third parties. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.
The Site contains copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photos, and graphics, and may in the future include video, graphics, music, and sound (“Content”), which is protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights. Unless otherwise provided, we exclusively own the the Content and your use of the Site does not grant you any right, title, or interest in the Content.
Your Use of Our Site
As a user of the Site, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use Setle. When using the Site, we ask that you follow by some basic rules:
Don’t Use Our Site to Break the Law. You agree that you will not violate any laws when using our Site. This includes any local, provincial, state, federal, national, or international laws that may apply to you.
Don’t Try To Harm Our System. You agree not to distribute any virus or other harmful computer code through Setle. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.
Don’t Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site, including without limitation other accounts, computer systems, or networks connected to the Site.
Don’t Steal From Us. You agree not to “crawl,” “scrape,” or “spider” Setle or reverse engineer or attempt to obtain our source code or data.
Don’t Copy From Us. You agree not to copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of Setle’s content, including without limitation any marks, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise.
Any use of Setle other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use Setle.
License You Grant to Us Over User Content
There are areas of the Site and areas on third party sites where you can post “User Content.” “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content that creators have uploaded onto the Site).
We do not own any of your User Content. However, by providing content to us, you grant us a license to use it. When you submit, post, or otherwise direct communications to Setle (through the use of the Site or via a telephone call with a member of our team) you give us a license to modify, use, adapt, copy, and publish your User Content. You agree that this license includes the right for Setle to use your User Content for promotional purposes and to improve the Site. You agree that the User Content provided to Setle is non-confidential and that Setle has the right to unrestricted use for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Setle is not obligated to backup any User Content, and your User Content may be deleted after one week of project completion. You are solely responsible for creating and maintaining your own backup copies of your User Content shared on or through the Site.
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.
By submitting User Content to the Site, you represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
- You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Setle, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising without prior written consent from Setle, Inc. Contact Setle, Inc. at firstname.lastname@example.org for further details; and
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.
This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Site and Social Media
You may link to our homepage, provided you do in a way that is fair and legal and does not damage our reputation or take advantage of it. You cannot establish a link in a way that suggests any form of association, approval or endorsement on our part without our prior, express written consent. This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send e-mails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such feature. You must not:
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Intellectual Property Infringement
We take claims of copyright infringement and infringement of other intellectual property rights seriously. If you have a copyright or other intellectual property rights complaint, please follow the procedure found here: [LINK to DMCA policy]
Limitation of Liability & Disclaimer of Warranties
You understand and agree that we have no control over, and no duty to take any action regarding:
- which members subscribe to Setle;
- what content or User Content you access via our Site;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through Setle. Setle may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Setle. Your interactions with organizations and/or individuals found on or through Setle, including membership payment or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF THE COMPANY’S OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “SETLE PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR Setle’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SETLE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Setle Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising out of or relating to: (i) your use of and access to the Site; (ii) any User Content you post, program, upload, use, distribute, store, or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule, or regulation, or the rights of any third party.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
No matter where you’re located, the laws of the State of New York will govern these Terms and the parties’ relationship as if you signed these Terms in New York, without regard to New York state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Note to International Users
Setle is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by US law, you are transferring your Personal Information to the United States and you consent to that transfer.
We reserve the right to terminate your license to use Setle or block or prevent your access to the Site, without providing you with notice or reason. In the event of termination, your obligations under this Agreement will still continue.
We reserve the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Monitoring and Enforcement
We cannot and will not review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Arbitration & Waiver of Class Action
The parties agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. The parties agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND SETLE, INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
Questions or Comments
We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact page at [INSERT SETLE EMAIL]
Effective Date: March 10, 2019
We know that Terms can be long. Thanks for making it to the end!
DMCA Takedown Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. If you believe any materials accessible on or from this site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate. And,
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
119 w 24th St, Floor 4
New York, NY, 11211
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
Our designated agent to receive Counter-Notices is:
119 w 24th St, Floor 4
New York, NY, 11211
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.