Terms of Use
SEAN Terms of Service
Introduction; Your Agreement to these Terms of Service.
Welcome to the Student Equity Action Network (“SEAN”) web site and online services (the “SEAN Site”). The following Terms of Service for the SEAN Site is a legal contract between the user accessing the SEAN Site (“You”), and SEAN regarding your use of the SEAN Site. Visitors to and users of the SEAN Site are referred to individually as “User” and collectively as “Users”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SEAN Site, YOU ACKNOWLEDGE THAT YOU ARE RECEIVING A BENEFIT FROM SEAN, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions (COLLECTIVELY, THE “TERMS”).
1. Privacy Notice. Your privacy is important to SEAN. SEAN’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to SEAN's collection, use and disclosure of your personal information.
2. Individual Features and Services. When using the SEAN Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
3. Modification of these Terms. SEAN reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the SEAN Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the SEAN Site.
4. Software and Content Downloads. SEAN and its licensors may make certain software and other content available to You for download from the SEAN Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.
BY USING THE SEAN Site YOU AGREE not TO:
5.1 use the SEAN Site for any purposes other than to access the SEAN Site as such services are offered by SEAN;
5.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
5.3 post, upload, or distribute any defamatory, libelous, or inaccurate content;
5.4 post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
5.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or perform any other similar fraudulent activity;
5.6 make unsolicited offers, advertisements, marketing proposals, or send junk mail or spam to the SEAN Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
5.7 use the SEAN Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
5.8 defame, harass, abuse, threaten or defraud Users of the SEAN Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the SEAN Site for any commercial use, it being understood that the SEAN Site is for personal, non-commercial use only;
5.9 use the SEAN Site if You are under the age of 13 years old;
5.10 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SEAN Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
5.11 modify, adapt, translate, excerpt or create derivative works based upon the SEAN Site or any part thereof or delete the copyright or other proprietary rights on the SEAN Site;
5.12 engage in scraping, framing, use of bots, spiders or other automated technologies on the SEAN Site, or other unauthorized use or redistribution in whole or in part of the SEAN Site;
5.13 intentionally interfere with or damage operation of the SEAN Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code.
6. Third-Party Sites, Products and Services; Links. The SEAN Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). SEAN does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SEAN Site are solely between You and such advertiser.
7. Termination; Terms of Service Violations.
7.1 SEAN. You agree that SEAN, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with SEAN or your use of the SEAN Site at any time. SEAN may also in its sole discretion and at any time discontinue providing access to the SEAN Site, or any part thereof, with or without notice. You agree that any termination of your access to the SEAN Site or any account You may have or portion thereof may be affected without prior notice, and You agree that SEAN will not be liable to You or any third party for any such termination.
7.2 You. Your only remedy with respect to any dissatisfaction with (i) the SEAN Site, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of SEAN in operating the SEAN Site, or (v) any content or information transmitted through the SEAN Site, is to terminate this Terms of Service and your use of the SEAN Site. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the SEAN Site.
7.3 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
8. Ownership; Proprietary Rights. The SEAN Site is owned and operated by SEAN. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the SEAN Site provided by SEAN (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content provided and owned by Users, all Materials contained on the SEAN Site are the property of SEAN or its subsidiaries or affiliated companies and/or third-party licensors. The SEAN name and acronym are trademarks of SEAN, and all other trademarks, service marks, and trade names are proprietary to SEAN or its affiliates and/or third-party licensors. Except as expressly authorized by SEAN, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. SEAN reserves all rights not expressly granted in this Terms of Service.
9. Indemnification. You agree to indemnify, save, and hold SEAN, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the SEAN Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. SEAN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SEAN, and You agree to cooperate with SEAN’s defense of these claims. SEAN will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
10.1 Warranty Disclaimer. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEAN, and its affiliates, partners, lICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. You expressly acknowledge that as used in this Section the term SEAN includes SEAN’s officers, directors, employees, shareholders, agents, licensors and subcontractors. You expressly agree that use of the SEAN Site is at your sole risk. THE SEAN Site AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Postings, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SEAN Site ARE PROVIDED on an “AS IS” AND “AS AVAILABLE”, “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
11. Limitation of Liability.
11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SEAN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SEAN SITE or any reference sites, OR ANY OTHER INTERACTIONS WITH SEAN, EVEN IF SEAN OR AN SEAN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.1 Notice. SEAN may provide You with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the SEAN Site. Notice will be deemed given twenty-four hours after email is sent, unless SEAN is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the SEAN Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the SEAN Site is deemed given following the initial posting.
12.2 Waiver. The failure of SEAN to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by SEAN.
12.3 Dispute Resolution and Arbitration.
(a) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(b) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or SEAN will be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
(c) Claims. YOU AND SEAN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SEAN SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12.4 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
12.5 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by SEAN without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
12.6 Entire Agreement. These Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and SEAN relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by SEAN as set forth in Section 3 above.
12.7 Disclosures. The SEAN Site is hosted in the United States, and the services provided hereunder are offered by the Student Equity Action Network, a California public benefit corporation. Contact us at info@pasean.org.
