Conditions of Use

Welcome to SpiceSeeker.com. SpiceSeeker LLC and/or its affiliates (“SpiceSeeker”) provide website features and other products and services to you when you visit or shop at SpiceSeeker.com subject to the following conditions By using SpiceSeeker, you agree to these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your use of SpiceSeeker, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use SpiceSeeker, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included in or made available through any SpiceSeeker Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SpiceSeeker or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any SpiceSeeker Service is the exclusive property of SpiceSeeker and protected by U.S. and international copyright laws.

TRADEMARKS

The name SpiceSeeker and all graphics, logos, page headers, button icons, scripts, and service names included in or made available through SpiceSeeker.com are trademarks or trade dress of SpiceSeeker in the U.S. and other countries. SpiceSeeker’s trademarks and trade dress may not be used in connection with any product or service that is not SpiceSeeker’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SpiceSeeker. All other trademarks not owned by SpiceSeeker that appear in any SpiceSeeker Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SpiceSeeker.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, SpiceSeeker or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the SpiceSeeker. This license does not include any resale or commercial use of any SpiceSeeker Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SpiceSeeker Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SpiceSeeker or its licensors, suppliers, publishers, rightsholders, or other content providers. No SpiceSeeker Service, nor any part of any SpiceSeeker Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SpiceSeeker. You may not misuse the SpiceSeeker. You may use the SpiceSeeker only as permitted by law. The licenses granted by SpiceSeeker terminate if you do not comply with these Conditions of Use or any Service Terms.

INTELLECTUAL PROPERTY COMPLAINTS

SpiceSeeker respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify us.

RISK OF LOSS

All purchases of physical items from SpiceSeeker are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

SpiceSeeker does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, SpiceSeeker does not take title to the refunded item.

PRODUCT DESCRIPTIONS

SpiceSeeker attempts to be as accurate as possible. However, SpiceSeeker does not warrant that product descriptions or other content of any SpiceSeeker Service is accurate, complete, reliable, current, or error-free. If a product offered by SpiceSeeker itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller.

SANCTIONS AND EXPORT POLICY

You may not use any SpiceSeeker Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using SpiceSeeker. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including SpiceSeeker Software), technology, and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

SPICESEEKER.COM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SPICESEEKER.COM ARE PROVIDED BY SpiceSeeker ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SPICESEEKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SPICESEEKER.COM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SPICESEEKER.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF SPICESEEKER.COM IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SPICESEEKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPICESEEKER DOES NOT WARRANT THAT SPICESEEKER.COM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SPICESEEKER.COM, SPICESEEKER SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SPICESEEKER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SPICESEEKER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPICESEEKER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SPICESEEKER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any SpiceSeeker Service, or to any products or services sold or distributed by SpiceSeeker or through SpiceSeeker.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, SpiceSeeker will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any SpiceSeeker Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SpiceSeeker.