POLICIES FOR THE SEEKET MARKETPLACE

Effective Date: August 15, 2025



TERMS OF SERVICE

  1. Accepting These Terms.

Welcome to Seeket!

Seeket, Inc. ("Seeket," "we," "our," or "us") operates a local online marketplace and delivery platform that connects customers with independent Merchants in the Long Beach, California area for the purchase and sale of a wide variety of goods.  Through our website, mobile application, and related services (collectively, the "Services"), buyers can browse listings, place orders directly on our marketplace, and have those orders fulfilled by the applicable retailer (each, a “Merchant,” and collectively, “Merchants”), with delivery handled by third-party providers.

By accessing or using the Services, whether by creating an account, placing an order, selling items, or simply browsing, you agree to be bound by these Terms of Service (the "Terms"), which form a legally binding contract between you and Seeket, Inc., a California corporation.  If you do not agree to these Terms, you may not use our Services.

Seeket is not a party to contracts for sale between independent Merchants and buyers.  Unless otherwise expressly stated, Seeket does not control, and does not guarantee:

  • the existence, quality, safety, or legality of items listed;
  • the truth or accuracy of users' content or listings;
  • the ability of Merchants to sell items;
  • the ability of buyers to pay for items; or
  • that any item will be delivered or delivered within a specific time frame.

We want you to enjoy your experience on Seeket, but please read these Terms carefully, as it contains provisions that govern how claims you and we have against each other are resolved (see the “Disclaimer of Warranties,” “Limitation of Liability,” and “Legal Disputes and Arbitration Agreement” provisions below).

  1. Other Important Documents.

Seeket's Services connect people in the Long Beach area, both online and offline, to discover, buy, and sell goods from local independent Merchants.  To keep our marketplace safe and running smoothly, we have a set of Marketplace Rules that apply depending on how you use the Services:

Marketplace Rules for Everyone – These apply to all users of Seeket.  By using any of our Services, you agree to these Terms and our Privacy Policy 

Marketplace Rules for Merchants – If you list items for sale on Seeket, this additional Merchant Agreement  applies to you.

All of these policies are incorporated into and made a part of these Terms.  Please review those that apply to how you use Seeket, as well as the remainder of this document, which applies to everyone using Seeket.

  1. Accounts.

You may need to create an account with Seeket to access certain features of our Services, such as buying or selling items.  By creating an account, you agree to comply with the following rules:

  1. Age Requirements.  You must be at least 18 years old to create and manage an account on Seeket.  You are responsible for any activity by a minor using your account.  If you allow a minor to use your account, you do so at your own risk and may wish to use parental control tools to restrict access to certain materials online.

  2. Accurate Information.  You must provide complete, truthful, and accurate information when creating your account.  Misrepresentation, using false details, or impersonating another person or entity is strictly prohibited.

  3. Responsibility for Your Account.  You are solely responsible for all activity conducted under your account.  If you share your account with others, the account holder (the person whose financial or business information is linked to the account) is responsible for all activity.  If you register on behalf of a business, you personally confirm that you have authority to agree to these Terms for that business.

  4. Account Security.  Keep your password secure and do not share it with anyone outside your account's authorized users.  Seeket is not responsible for losses resulting from compromised credentials.

  5. Relationship with Seeket.  Creating an account does not make you an employee, agent, partner, joint venturer, or franchisee of Seeket.

  1. Termination.

Termination By You.  We'd be sorry to see you go, but you may close your Seeket account at any time through your account settings.  Terminating your account will not remove or affect the availability of any content you posted through the Services prior to termination (for example, past product listings, reviews, or messages, if any) unless we choose to remove it.  You remain responsible for any outstanding payments, fees, or obligations owed to Seeket or other users.

Termination or Suspension by Seeket.  We may suspend or terminate your account (including any related accounts we identify) and restrict your access to the Services if:

  1. We reasonably believe that you, your content, or your use of the Services violates these Terms, our policies, or applicable laws;

  2. You fail to pay any amounts owed to Seeket or another user through the platform;

  3. We determine, in our discretion, that your continued use poses a risk to other users, Merchants, or the integrity of the marketplace; or

  4. We are required to do so by law, court order, or regulatory authority.

You understand and agree that you do not have a contractual or legal right to continue using the Services.  

Effect of Termination.  If you or Seeket terminate your account, you may lose all access to information and content associated with your account, including your content, order history, payment history, and stored messages, if any.  We are not responsible for preserving or providing you with copies of this information after termination, unless required by law.

Changes to or Discontinuation of Services.  Seeket may change, suspend, or discontinue any part of the Services, for you individually, or for all users, at any time and for any reason, including changes required by legal, operational, or business needs.  We will not be liable for any impact this may have on you, including lost income or inability to generate revenue through the Services.

  1. Disclaimers About Items, Content, Interactions, Third Parties, and Promotions.

  1. Items You Purchase.  Seeket does not manufacture, store, or physically inspect any items sold through the Services.  We provide an online marketplace; the items are listed, sold, and fulfilled directly by independent Merchants.  Seeket does not make any warranties, express or implied, about the quality, safety, authenticity, legality, fitness for a particular purpose, or non-infringement of any items listed on the platform.

  2. Returns.  All products purchased through Seeket are sold by independent Merchants.  If you wish to return an item, you must contact the Merchant directly to inquire about their return policy.  Seeket does not process returns or refunds, and is not responsible for any return shipping or disputes between you and the Merchant regarding returned items.  Any legal claims, disputes, or requests for refunds or returns related to an item you purchase must be directed to the Merchant who sold the item.  By using the Services, you release Seeket from any claims related to items sold through the platform, including claims for defective products, counterfeit goods, intellectual property infringement, misrepresentation by Merchants, or products that cause injury or damage (including product liability claims).

  3. Orders and Payments.  When you place an order through Seeket, you agree to pay all charges associated with that order, including taxes, fees, and delivery charges.  Payment is processed through third-party providers and may be subject to their terms and conditions.  Seeket does not guarantee the availability or accuracy of any Merchant listing and may cancel an order at its discretion (e.g., due to inventory errors or Merchant unavailability).

  4. Delivery Disclaimer.  Delivery may be completed using each third-party delivery company’s preferred method of transportation. You acknowledge that transportation and logistics services are provided by independent third-party contractors who are not employees of Seeket. When you use the Services to place an order, you authorize the purchase and delivery of products from the Merchant. You further agree that your purchase is from the Merchant, that the Merchant is the Merchant of record, and that title to the goods transfers to you at the time of purchase from the applicable Merchant’s store.

Seeket does not guarantee delivery times, dates, or the successful completion of delivery for any item purchased through the Services. Deliveries are made within designated delivery windows, which are estimates only and may be updated or changed from time to time at Seeket’s discretion. Risk of loss and title to items pass to you upon the Merchant’s handoff of the item to a delivery provider. Seeket is not liable for delays, lost packages, or any damage that occurs during shipping or delivery, whether handled by a Merchant or a third-party provider.  

  1. Content You Access.  You may encounter content on Seeket that you find offensive, inaccurate, misleading, infringing, or inappropriate.  We do not endorse, verify, or make any representations about content posted by users, and we are not responsible for its accuracy, copyright compliance, legality, authenticity, or decency.  You release Seeket from all liability relating to such content.

  2. People You Interact With.  Seeket may enable interactions between buyers, Merchants, and other users, both online and (in some cases) in person.  We do not conduct comprehensive background checks or screenings of users, except as required for legal or compliance purposes.  You are solely responsible for your interactions with others.  Use caution and good judgment in all interactions, especially when meeting someone in person.

  3. Third-Party Services.  The Services may include links to third-party websites, applications, or services that we do not own or control (for example, social media platforms, payment processors, or delivery providers).  You may also be required to use third-party products or services (such as a compatible device) to access certain features.  When you use these third-party services, you do so at your own risk, and your use may be subject to their separate terms and privacy policies.  Seeket is not a party to those agreements and has no responsibility for third-party services.

  4. Promotions.  Any special offers or promotions run by Seeket are offered at our sole discretion and may be modified, suspended, or canceled at any time without notice.  Promotions offered by Merchants are the sole responsibility of those Merchants, and Seeket is not liable for any such offers.

  5. No Implied Warranties.  To the maximum extent permitted by law, all items, content, and services made available through Seeket are provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to implied warranties of Merchantability, fitness for a particular purpose, title, and non-infringement.

  6. Indemnification.  You agree to defend, indemnify, and hold harmless Seeket, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:  (i) your purchase, sale, or listing of any item through the Services; (ii) your content or conduct on the platform; (iii) your interactions with other users; or (iv) your use of any third-party service in connection with Seeket.

  1. Claims.

Any claims related to delivery or other issues arising from transactions through the Services must be submitted in writing within seven (7) calendar days after the applicable delivery date. Buyers must submit such claims via email to cs@seeketlb.com, and Merchants must submit such claims via email to support@seeketlb.com.  The claim must include your contact information, your order number, and a reasonably detailed description of the issue, including supporting documentation where available. Time is of the essence for the submission of such claims. Failure to submit a claim in strict compliance with this process and within the specified time period shall constitute an irrevocable waiver of such claim and shall bar any recovery, remedy, or recourse against Seeket or its service providers.

  1. Communications.

By placing an order, you agree to accept and receive communications from Seeket or delivery companies, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Seeket.  You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Seeket, its affiliated companies and/or delivery companies, including but not limited to communications concerning orders placed through your account on the Services.  Message and data rates may apply.  You may also opt-out of receiving text messages from Seeket by replying "STOP" from the mobile device receiving the messages.

  1. Transactions involving Alcohol.

You may have the option to order delivery of alcohol products in some locations and from certain Merchants. You agree to comply with all applicable laws and not cause Seeket, any third-party delivery company, or any Merchant to violate any such laws. You represent and warrant that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States). If you order alcohol products, you understand and acknowledge that neither Seeket nor any third-party delivery company sells, offers for sale, or delivers alcohol to you directly. All alcohol sales are made solely by the Merchant, and the Merchant is exclusively responsible for accepting or rejecting your order, fulfilling it, and ensuring compliance with all applicable laws and regulations regarding the sale and delivery of alcohol.

Upon delivery, the recipient must present valid government-issued identification proving legal drinking age to the delivery driver and must not be intoxicated. If any applicable legal requirements for the delivery of alcohol are not met, the Merchant may cancel the alcohol-related portion of your order. Seeket is not responsible for, and you release Seeket from, any claims, liabilities, damages, losses, or expenses arising out of or related to the sale, service, or delivery of alcohol, including any refusal to deliver or complete a transaction. Special requests or substitutions for the purchase of alcohol products will not be honored; all orders for alcohol products must be placed through the catalog available through the Services at the time the order is submitted.

Seeket does not and will not assume any responsibility for ensuring compliance with any alcohol-related laws or regulations.

  1. DISCLAIMERS OF WARRANTIES.

  1. Services Provided "As Is".  To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. Seeket disclaims all representations, conditions, and warranties, whether express, implied, legal, or statutory, including but not limited to implied warranties of Merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

  2. No Guarantee of Performance or Availability.  Seeket does not represent or warrant that:

  1. the Services will be uninterrupted, error-free, secure, or free from viruses or harmful components;

  2. any defects or errors will be corrected;

  3. the Services, or any goods or services obtained through the Services, will meet your requirements or expectations;

  4. the quality, safety, legality, authenticity, or suitability of any items, delivery services, or other services obtained through the platform will meet any standard; or

  5. deliveries will be completed on time, without loss, or without damage.

  1. Responsibility for Third Parties.  Seeket does not guarantee the quality, safety, ability, or conduct of any independent Merchant, delivery provider, or other third party.  You agree that the entire risk arising from your use of the Services, including any goods or services obtained through the Services, remains solely with you.

  2. Release of Claims.  If you have a dispute with one or more Merchants, delivery providers, or other third parties, you release Seeket (including our affiliates, officers, directors, employees, agents, shareholders, licensors, and suppliers) from any claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, arising out of or in any way connected to such disputes.  You expressly waive any rights under California Civil Code Section 1542 (and similar laws in other jurisdictions), which states:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

  1. Limitation of Liability.

  1. Maximum Scope Allowed by Law.  To the fullest extent permitted by law, Seeket and its affiliates, officers, directors, employees, agents, shareholders, licensors, and suppliers shall not be liable for any incidental, special, punitive, consequential, or indirect damages.  This includes, without limitation:

∙        loss of data, programs, or content;

∙        service interruptions;

∙        the cost of substitute goods or services;

∙        loss of income, revenue, or business opportunities;

∙        physical damage, bodily injury, death, emotional distress, or discomfort; or

∙        delivery delays, failed deliveries, or damage to items in transit.

These limitations apply even if Seeket has been advised of the possibility of such damages.

  1. Aggregate Liability Cap.  In no event will Seeket's total aggregate liability for all claims related to the Services, any goods or services obtained through the Services, or any delivery arrangements exceed the greater of:

  1. $100, or

  2. the total amount you paid to Seeket for use of the Services in the twelve (12) months preceding the event giving rise to the claim.

  1. Indemnification.

You agree to defend, indemnify, and hold harmless Seeket, its affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, and suppliers (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses (including reasonable attorneys' and experts' fees) arising from or related to:  (i) your use or misuse of the Services; (ii) your purchase, sale, or delivery of goods through the Services; (iii) your breach of these Terms or any applicable law; or (iv) your infringement or alleged infringement of any third-party rights.

  1. Legal Disputes and Arbitration Agreement.

We hope to resolve any concerns quickly and in good faith.  If you have an issue, please contact us first at cs@seeketlb.com so we can try to work it out informally.

If we cannot resolve the matter within sixty (60) days, you and Seeket (including our employees, officers, directors, agents, affiliates, and subsidiaries) agree to resolve all disputes exclusively through binding individual arbitration, rather than in court, except as described below.  This means no judge, no jury, and no class actions.  Please read this section carefully, as it affects your legal rights.

  1. Disputes Covered and Exceptions.  This Arbitration Agreement applies to any claim, dispute, or controversy ("Dispute") arising out of or relating to:

  1. these Terms (including prior versions),

  2. the Services,

  3. any products, content, or data bought, sold, listed, or accessed through the Services, and

  4. any actions or statements by Seeket or its users, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the Dispute arose.

Exceptions:  Either party may: bring an individual claim in small claims court (if eligible); or seek injunctive relief in court for intellectual property infringement or misuse.

  1. Class Action and Representative Action Waiver.  You and Seeket agree to bring claims only in your individual capacity, and not as a plaintiff or class member in any purported class, representative, or collective action.  The arbitrator may award relief only to the extent necessary to resolve your individual claim.

  2. Informal Dispute Resolution Requirement.  Before starting arbitration, the complaining party must send a written "Notice of Dispute" to the other party.  The Notice must include:

  1. your name, address, phone number, and email associated with your account;

  2. a description of the Dispute; and

  3. the relief sought.

We will work together in good faith for sixty (60) days after receipt of the Notice to try to resolve the matter.  If either side requests a settlement conference during this period, both parties must participate in good faith.  Arbitration may only be filed after this period ends.

  1. Arbitration Rules and Procedures.  Arbitration will be administered by the American Arbitration Association ("AAA"):

∙        If you are using the Services as a consumer, the AAA Consumer Arbitration Rules Rules, Forms, and Fees - Commercial] will apply.

∙        If you are using the Services for business purposes (e.g., as a seller or Merchant) and the total value of claims by either party exceeds $75,000, the AAA Commercial Arbitration Rules will apply.

The arbitration will be conducted in English by a single arbitrator.  Unless otherwise agreed:

∙        If the amount in dispute is less than $25,000, the arbitration will be conducted based solely on written submissions.

∙        If the amount is $25,000 or more, hearings will be held by videoconference unless the arbitrator determines an in-person hearing is necessary.

If an in-person hearing is required, it will take place in Los Angeles County, California (if you are a U.S. resident) or as otherwise determined by the arbitrator.

The arbitrator will apply the same substantive law and statutes of limitations as a court in California would, and may award any relief that a court of competent jurisdiction could award.  The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction.

  1. Fees.  Arbitration fees will be governed by the applicable AAA rules.  If you are a consumer and your share of arbitration fees exceeds what you would have paid to file a lawsuit in court, Seeket will pay the difference.

  2. Opt-Out.  If you are a new user, you may opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms. Buyers must submit such opt out via email to cs@seeketlb.com, and Merchants must submit such opt out via email to support@seeketlb.com.

  3. Governing Law and Venue.  California law governs this Arbitration Agreement and these Terms, except where U.S. federal law applies.  If a Dispute is not subject to arbitration, the parties agree to the exclusive jurisdiction of state or federal courts in Los Angeles County, California, except for small claims actions that may be brought in the county of your residence.

  1. Entire Agreement.

These Terms (including the Privacy Policy and Merchant Agreement, if applicable), subject to any amendments, modifications, or additional agreements you enter into with Seeket, shall constitute the entire agreement between you and Seeket with respect to the Services and any use of the Services.  If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

  1. No Waiver.

Seeket's failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

  1. Assignment.

You may not assign any of your rights, licenses, or obligations under these Terms.  Any such attempt at assignment by you shall be void.  Seeket may assign its rights, licenses, and obligations under these Terms without limitation.

  1. Changes to the Terms.

We may update these Terms from time to time, which could include adding new terms or removing existing ones. If we make material changes, we’ll give you advance notice, either by posting the updated Terms on the Services or by sending you an email or other message. By continuing to use the Services after the changes take effect, you agree to the updated Terms. If you do not agree to the changes, you may close your account.

  1. Contact Information.

If you have any questions about the Terms, please email us at support@seeketlb.com