Effective Date: January 1, 2015
Seneca Systems does not intend that the Services be used by anyone under 18 years old. By using the Services, you represent that you are over 18 years of age and that you are legally able to enter into this agreement. If we learn or have reason to suspect that a user is under 18 years old, we will promptly delete any personal information in that user’s account.
A key feature of our Service is the ability to provide information to government agencies in a user-friendly manner. However, information collected by government agencies is often subject to disclosure based on laws related to public records, such as the California Public Records Act. We have no control over these laws, and the information you provide to us that is then sent to a government agency may be subject to public disclosure. As such, you represent that you understand that the information provided to Seneca Systems that is submitted to government agencies may be subject to public disclosure. We assume no responsibility, and you release us from any responsibility, for any disclosure of your information based on government open records laws, and any and all consequences that result from such disclosure.
We value your intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s account who is found to have infringed on the intellectual property rights of users, Seneca Systems, or third parties, or who violated any laws related to intellectual property. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Seneca Systems' designated agent at:
Seneca Systems, Inc.
333 Bradford St, Suite 270
Redwood City, CA 94107
Although you are free to provide information as part of our Services, you agree to respect the intellectual property rights of others. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your account.
Our Services may be integrated with services provided by third parties as part of the functionality of the Services. But we have no control over third parties. Thus, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
If we terminate your account, including if we terminate your account because of a corporate dissolution, we will provide you with your data in an electronic format at such email address that we have on file for you.
As part of our Services, you will be required to create an account with a username and password that will provide you access to your account. You are solely responsible for keeping your password safe from disclosure to third parties. You may not use anyone else’s account, including their username or password. If you become aware of any unauthorized use of your account, username, or password, you must promptly notify us of such use. You agree that we will not be liable for any loss that you incur if someone else uses your account, username, or password, either with or without your knowledge.
Seneca Systems imposes certain restrictions on your permissible use of our Services because we want to ensure the proper functionality of the Services for all of our users. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services.
You shall not make inappropriate content available on the Services, including, but not limited to: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post this type of inappropriate content, we may remove such content from our servers, and if warranted, terminate your account.
The software in Seneca Systems’ Services, including all files and images contained in the Services, and accompanying data (“Software”) are the property of Seneca Systems, Inc. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use the Software for use permitted under these Terms. The Software license granted herein is personal to you, and may not be sold, transferred, assigned, redistributed, or reproduced by you. You may not share individual login credentials for the Services, and you will ensure that each user has separate login credentials. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without our permission. This section does not apply to any component of Software that may be offered under an open source license. Upon request, we will happily provide you with a copy of any open source license that is a component of Seneca Systems' Software.
DISCLAIMER OF WARRANTIES; “AS IS” SENECA SYSTEMS IS MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENECA SYSTEMS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION. SENECA SYSTEMS DOES NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENECA SYSTEMS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
In the event that someone brings a claim against us related to your actions, content, or information on our Services, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions.
In the unfortunate event that you have a dispute with us, you agree to resolve the dispute as follows: first, we will attempt to resolve the dispute through informal resolution – contact us at email@example.com. Second, if the dispute is not resolved through informal resolution within 15 days, you agree to attempt, in good faith, to resolve the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. Third, if the dispute is not resolved through informal resolution and mediation, you agree to participate in binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Further, you agree that the costs associated with mediation and/or arbitration under this section shall be divided equally between you and Seneca Systems.
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
As we improve our Services, we may add to, change, update, or modify this Policy. Any time that we plan on making a material change to this Policy, we will notify you at least 90 days prior to making the change by sending you an email. During the 90-day period, you may provide comments to us at firstname.lastname@example.org. If you continue to use the Services after that 90-day period, you consent to the new Policy. We will always have the latest version of this Policy posted on our Site.
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.