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Policies have been updated for the following sites: 

seesaw_tos                         https://web.seesaw.me/terms-of-service
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@ -2,699 +2,3 @@ SITE: seesaw_tos
URL: https://web.seesaw.me/terms-of-service
Terms Of Service
1. INTRODUCTION
Welcome to Seesaw!
We are Seesaw Learning, Inc. ("Seesaw", "we", "us", "our"). Seesaw's
mission is to create an environment where students can be their best.
To accomplish this goal, it is essential that our learning platform,
Seesaw, is a safe place for students to document their learning, and
that parents or guardians, teachers, and school administrators are in
control over how that information is shared.
This Terms of Service (these "Terms") governs your use of our websites
located at seesaw.me (the "Site"), and the Seesaw mobile application
(the "App"), and our learning services accessible via the Site and App,
(collectively "the Services"). Our Privacy Policy and Copyright &
Intellectual Property Policy are incorporated into these Terms.
By using the Services, you agree to be bound by these Terms. If you
don't agree with these Terms, you cannot use the Services.
If you are the parent or legal guardian of a child who is under the age
when they can legally enter into a contract or grant consent to
processing of personal information, then, by using the Services, you
also accept these Terms on your child's behalf. See Section 4 ("Consent
Requirements for Children") for more information on how to obtain
consent for children to use the Services.
You can contact us anytime with questions about this policy at
privacy@seesaw.me.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU
AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO
RESOLVE ANY DISPUTE BETWEEN YOU AND SEESAW THROUGH BINDING, INDIVIDUAL
ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 24
("WE BOTH AGREE TO ARBITRATE") BELOW FOR DETAILS REGARDING ARBITRATION.
2. CHANGES TO THESE TERMS
We may update the Terms from time to time at our sole discretion. If we
do, we'll let you know by posting the updated Terms on the Site, to the
App, and/or may also send other communications. It is important that
you review the Terms whenever we update them or you use the Services.
If you continue to use the Services after we have posted updated Terms
it means that you accept and agree to the changes. If you don't agree
to be bound by the changes, you may not use the Services anymore.
Because our Services are evolving over time, we may change or
discontinue all or any part of the Services, at any time and without
notice, at our sole discretion.
3. PRIVACY
Seesaw takes protecting your security and privacy seriously and we've
put a number of measures in place to protect the integrity of your
information. For more information, see our Privacy Policy. Residents of
the European Union, UK, and Switzerland may review our additional
privacy commitments pursuant to the GDPR, located at
https://web.seesaw.me/gdpr.
For Seesaw customers who are schools or school districts located in the
European Union, UK, or Switzerland, Seesaw may be subject to an
additional Data Processing Agreement between Seesaw and the applicable
customer, which imposes additional obligations on Seesaw with respect
to how we process and handle data from teachers, students and other
users associated with that school or school district. For schools or
school districts located in the European Union, UK, and Switzerland who
agree to these Terms, unless otherwise agreed in writing between Seesaw
and the applicable schools or school district, Seesaw's standard Data
Processing Agreement applies and is incorporated into these Terms
solely with respect to those schools or school districts located in the
EU, UK, or Switzerland.
4. CONSENT REQUIREMENTS FOR CHILDREN
The Children's Online Privacy and Protection Act ("COPPA") requires
that online service providers provide notice and obtain parental
consent before they knowingly collect personally identifiable
information online from children younger than 13 in the United States.
Seesaw requires teachers, schools, or districts to obtain advance
consent from parents or guardians whose children under 13 will be using
the Services.
There are a number of methods teachers, schools, or districts can use
to satisfy this requirement:
* Get consent as part of a school-wide technology consent process you
may already have in place.
* Use our sample consent form - but please note that this is an
example only and does not constitute legal advice.
* Agree to act as the parent's agent, and provide consent on their
behalf to use Seesaw solely in the educational context as provided
by the FTC. Learn More.
If you are a teacher, you represent and warrant to Seesaw that prior to
uploading any personal information of any child who is younger than 13
(or such other age as may be required under applicable law) onto the
Services, you have obtained the legally binding consent of the parent
or legal guardian of each such child. In addition, you should consult
with your school or district to ensure that you obtain proper consent
to use the Services in the classroom consistent with your school's or
district's policies. See also Section 5 ("Creating a Teacher Account or
Class") below. If you are aware that Seesaw is collecting information
from a student without parental consent, please contact us immediately
at privacy@seesaw.me.
Schools and districts located in the EU, UK, and Switzerland should
review the terms of the Data Processing Agreement for consent
requirements under the GDPR.
5. CREATING A TEACHER ACCOUNT OR CLASS
Only teachers or school administrators are permitted to create a class
on the Services. Once the class is created, teachers can invite
students, additional faculty, parents, and guardians to the class.
Teachers control who can upload, view, comment on, and share student
work and they can change these permissions at any time.
When you create a Seesaw class, you represent and warrant that:
* Any students you add to your class are current students in your
class.
* Any additional teachers you add to your class are authorized by
your school to access Student Data (as defined in Section 10
below).
* You will use Seesaw only for lawful purposes and you will abide by
applicable laws and school and school district policies.
* You will treat Seesaw as an extension of the classroom and take
reasonable steps to confirm that students are using Seesaw
appropriately.
* You will take reasonable measures to protect access to Student Data
accessible through the Services.
* You will only invite parents or guardians (collectively, "Family
Members") to view student journals and upload their contact
information only with their prior consent.
* You will protect your class QR code so that access to student
journals and class journals is limited only to invited students and
Family Members.
6. CREATING A FAMILY MEMBER ACCOUNT
Teachers can authorize Family Members to view information in their
child's journal. By using the Services, you agree that you are the
parent or legal guardian of the student and are permitted to have
contact with the student.
As a Family Member, you will only be able to access journal entries in
which your student has been tagged. Family Members of other children
may be able to access your child's work if your child is tagged in a
journal entry with their child, such as when your child collaborates
with other students on a group project.
7. CREATING A STUDENT ACCOUNT
Students may use Seesaw only if their parent or legal guardian has
given permission to their teacher or school. You agree to use the
Services only if you have been given a Join Code or have otherwise been
invited to use the Services by your teacher.
The Services are an extension of the classroom. As a Student, you agree
to use the Services in a manner that is appropriate to the classroom.
You also agree to use the Services only for lawful purposes and you
will abide by applicable laws and school and school district policies.
8. SUBMISSIONS TO THE ACTIVITY LIBRARY
Activities teachers create are private to their accounts by default.
Teachers may choose to publish activities they create to the public
Community Activity Library or an Activity Library managed by their
school or district. If you publish your activity to the Activity
Library, you agree that:
* You are the copyright holder, you have the consent of the copyright
holder, or you have a valid legal basis (for example, fair use) for
posting any content you submit to the Services.
* You have secured permission to share the personal information of
any person included in your activity.
Any activities you submit are yours - not Seesaw's. By publishing your
activity to the Community Activity Library you understand that:
* Your activity will be publicly accessible unless you choose to
remove it.
* Your name and other activities you publish to the Library will be
visible as part of your Activity Author Profile.
* For as long as your activity is published to the Library, your
activity may be shared by Seesaw (for example on our website or in
an email) and by teachers using the Services. Teachers using the
Services may also modify your activity and re-share it with their
students or other teachers.
* If you remove your activity from the Library, prior copies of your
activity or modified versions of your activity may still exist in
other teachers' accounts and will not be removed.
Student responses to activities are not shared in the Activity Library.
9. CONSENT TO RECEIVE COMMUNICATIONS
By signing up for the Services, you agree to receive communications
from Seesaw, including text (SMS), email, and/or push notifications. If
a teacher or school administrator adds a Family Member to the Services
via phone number, the Family Member will receive an SMS with
information about how to join the Services and how to opt-out of SMS
messages. Seesaw does not collect phone numbers from or send SMS
messages to students. By signing up for the Services and providing your
phone number either directly to Seesaw or to your student's school or
district, you agree to receive communications from Seesaw as well as
other Seesaw users, and you represent and warrant that every person
whose contact information you provide to us has also consented in
advance to receive communications from you and Seesaw. Seesaw is not
responsible for your receipt of, or failure to receive any messages, or
for messages sent erroneously or with incorrect information. Seesaw is
not responsible for your or someone else's action or failure to take
action due to the receipt of any messages. If you make changes to your
contact information, you are responsible for updating your Account
Settings and informing your student's school or district.
You can opt-out of notifications at any time. Text "STOP" in reply to
any SMS message from Seesaw to unsubscribe. Text "HELP" for
instructions on how to use our service. Message frequency varies.
Message and data rates may apply. You can also opt-out of notifications
in your Account Settings.
You can also opt-out of marketing communications from us at any time.
If you opt-out of marketing communications, you may still receive
communications that are necessary for the Services or otherwise exempt
from anti-spam laws. By opting out of communications from Seesaw, you
acknowledge that this may impact your use of the Services.
10. YOUR INTELLECTUAL PROPERTY
Our Services may allow you to store or share content such as text (in
posts or communications with others), files, documents, graphics,
images, music, software, audio, and video. Anything (other than
Feedback) that you post or otherwise make available through the
Services is referred to as "User Content".
Students and their schools or districts own all Student Data added to
the Services. "Student Data" means any personal information, metadata,
or content directly attributable to a student user.
We do not claim any ownership rights to any User Content and nothing in
these Terms will be deemed to restrict any rights that you may have to
your User Content. However, in order to provide our Services, we
require certain limited rights to User Content. For example, when you
upload your User Content, we must be able to store it and serve it back
to you. Therefore, you grant Seesaw a non-exclusive, transferable,
worldwide, royalty-free license, with the right to sublicense, to use,
publish, transmit, display, copy, process, adapt, modify, publicly
perform, and distribute your User Content in connection with operating
and providing the Services, but only how you specify and only within
the context of the Services.
You are solely responsible for all your User Content. You represent and
warrant that you have (and will have) all rights that are necessary to
grant us the license rights in your User Content under these Terms. You
represent and warrant that neither your User Content, nor your use and
provision of your User Content to be made available through the
Services, nor any use of your User Content by us on or through the
Services will infringe, misappropriate or violate a third party's
intellectual property rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
11. SEESAW'S INTELLECTUAL PROPERTY
All content on the Services that is not User Content, including but not
limited to logos, trademarks, copyrights, domain names, or other
distinctive brand features (collectively, "Seesaw Content') is
protected by copyright, trademark, and other intellectual property laws
and is the exclusive property of Seesaw and its licensors. We and our
licensors grant you a limited, non-exclusive, non-transferable license
to view, copy, and display Seesaw Content solely in connection with
your permitted use of the Services. Any rights not expressly granted
here are reserved. Unauthorized use of Seesaw Content is prohibited.
You agree not to remove, alter or obscure any copyright, trademark,
service mark, or other proprietary rights notices incorporated in or
accompanying the Services.
12. COPYRIGHT POLICY
Seesaw respects copyright law and expects its users to do the same. It
is Seesaw's policy to terminate in appropriate circumstances account
holders who repeatedly infringe or are believed to be repeatedly
infringing the rights of copyright holders. To learn more about how
Seesaw responds to allegations of copyright infringement, please review
our Copyright Policy.
13. THIRD-PARTY SERVICE PROVIDERS
The Services (including the App) may allow you to access third-party
websites or other resources, for example when a teacher includes a link
to an instructional YouTube video in an activity. We provide access
only as a convenience and are not responsible for the content,
products, or services on or available from those resources or links
displayed on such websites. You acknowledge sole responsibility for and
assume all risk arising from your use of any third-party resources.
14. PROHIBITED ACTIVITIES
You agree not to do any of the following:
* Post, upload, publish, submit or transmit any User Content that:
+ infringes, misappropriates, or violates a third party's
patent, copyright, trademark, trade secret, moral rights or
other intellectual property rights, or rights of publicity or
privacy;
+ violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil
liability;
+ is fraudulent, false, misleading, or deceptive;
+ is defamatory, obscene, pornographic, vulgar, or offensive;
+ promotes discrimination, bigotry, racism, hatred, harassment,
or harm against any individual or group;
+ is violent or threatening or promotes violence or actions that
are threatening to any person or entity;
+ promotes illegal or harmful activities or substances; or
+ is inappropriate for the classroom or violates applicable
school or school district policies;
* Jeopardize the security of your account in any way, for example by
allowing someone else access to your account or password;
* Use, display, mirror, or frame the Services or any individual
element within the Services, Seesaw's name, any Seesaw trademark,
logo or other proprietary information, or the layout and design of
any page or form contained on a page, without Seesaw's express
written consent;
* Access, tamper with, or use non-public areas of the Services,
Seesaw's computer systems, or the technical delivery systems of
Seesaw's providers;
* Attempt to probe, scan or test the vulnerability of any Seesaw
system or network or breach any security or authentication
measures;
* Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by Seesaw or any
of Seesaw's providers or any other third party (including another
user) to protect the Services;
* Attempt to access or search the Services or download content from
the Services using any engine, software, tool, agent, device, or
mechanism (including spiders, robots, crawlers, data mining tools,
or the like) other than the software and/or search agents provided
by Seesaw or other generally available third-party web browsers;
* Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, chain letters, or other forms of
solicitation;
* Use any meta tags or other hidden text or metadata utilizing a
Seesaw trademark, logo URL, or product name without Seesaw's
express written consent;
* Use the Services, or any portion thereof, for any commercial
purpose or for the benefit of any third party or in any manner not
permitted by these Terms;
* Forge any TCP/IP packet header or any part of the header
information in any email or newsgroup posting, or in any way use
the Services to send altered, deceptive, or false
source-identifying information;
* Attempt to decipher, decompile, disassemble or reverse engineer any
of the software used to provide the Services;
* Interfere with, or attempt to interfere with, the access of any
user, host or network, including, without limitation, sending a
virus, overloading, flooding, spamming, or mail-bombing the
Services;
* Collect or store any personally identifiable information from the
Services from other users of the Services without their express
permission;
* Impersonate or misrepresent your affiliation with any person or
entity;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to do any of the
foregoing.
We take measures to monitor, log, and block content that violates our
policies. We are not obligated to monitor access to or use of the
Services or to review or edit any content. However, we have the right
to do so for the purpose of operating the Services, to ensure
compliance with these Terms, and to comply with applicable law or other
legal requirements. We reserve the right but are not obligated, to
remove or disable access to any content, including User Content, at any
time and without notice, including, but not limited to, if we, at our
sole discretion, consider it objectionable or in violation of these
Terms. We have the right to investigate violations of these Terms or
conduct that affects the Services. We may also consult and cooperate
with law enforcement authorities to prosecute users who violate the
law. To report violations of these policies, contact privacy@seesaw.me.
Seesaw does not guarantee the identity of any users you may interact
with in the course of using the Services. In addition, Seesaw does not
guarantee the authenticity of any information users provide about
themselves.
15. ACCOUNT SUSPENSION AND TERMINATION
Seesaw reserves the right to suspend or terminate accounts associated
with users who engage in any of the prohibited activities described
above or in any manner that otherwise violates these Terms or other
policies. In addition, Seesaw reserves the right to terminate any
account at any time for any reason without notice to you.
If you would like to delete your Seesaw account or delete your child's
Seesaw account, follow these steps or contact privacy@seesaw.me. If you
request that your account or any content submitted to Seesaw be
deleted, Seesaw may still retain information as needed to provide
customer support and prevent accidental deletion, or as required or
permitted by law.
16. ACCOUNT TRANSFER
If you've signed up as a teacher with a school-provided email address,
and your school later signs up for a Seesaw school account, we may
transfer your account to be under the management and control of your
school. To protect Student Data, in certain limited circumstances (such
as when a teacher leaves a school) we may transfer a class to a
different teacher if we receive a properly authorized request from the
relevant school.
17. ABANDONED ACCOUNTS
Seesaw reserves the right to permanently delete accounts that have not
been accessed by the account holder for a period of more than one year.
Seesaw will permanently delete an account that has not been accessed by
the account holder for more than seven years, except where required to
retain the information longer for legal or compliance purposes. Prior
to permanently deleting an abandoned account, Seesaw will attempt to
notify the account holder by email.
18. SUBSCRIPTIONS
Teachers have the option of purchasing a subscription ("Subscription")
to use the Services.
a. General. If you purchase a Subscription (a "Transaction"), you
expressly authorize us (or our third-party payment processor) to charge
you for such Transaction. We may ask you to supply additional
information relevant to your Transaction, including your credit card
number, the expiration date of your credit card, and your email and
postal addresses for billing and notification (such information,
"Payment Information"). You represent and warrant that you have the
legal right to use all payment method(s) represented by any such
Payment Information. When you initiate a Transaction, you authorize us
to provide your Payment Information to third parties so we can complete
your Transaction and charge your payment method for the type of
Transaction you have selected (plus any applicable taxes and other
charges). You may need to provide additional information to verify your
identity before completing your Transaction (such information is
included within the definition of Payment Information). By initiating a
Transaction, you agree to the pricing, payment, and billing policies
applicable to such fees and charges, as posted or otherwise
communicated to you. All payments for Transactions are non-refundable
and non-transferable except as expressly provided in these Terms.
b. Subscriptions. If you purchase a Subscription, you will be charged
the Subscription fee monthly or annually, depending on the type of
Subscription you have selected, plus any applicable taxes, and other
charges ("Subscription Fee"), at the beginning of your Subscription and
each month or year thereafter, depending on the type of Subscription
you have selected, at the then-current Subscription Fee. BY PURCHASING
A SUBSCRIPTION, YOU AUTHORIZE SEESAW TO INITIATE RECURRING
NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a
Subscription, we (or our third-party payment processor) will
automatically charge you each month or year, depending on the type of
Subscription you have selected, using the Payment Information you have
provided until you cancel your Subscription. No less than thirty (30)
days and no more than sixty (60) days before your Subscription term
ends, or otherwise in accordance with applicable law, Seesaw will send
you a reminder email regarding your Subscription. By agreeing to these
Terms and electing to purchase a Subscription, you acknowledge that
your Subscription has recurring payment features and you accept
responsibility for all recurring payment obligations prior to
cancellation of your Subscription by you or Seesaw. Your Subscription
continues until canceled by you or we terminate your access to or use
of the Services or Subscription in accordance with these Terms.
c. Canceling Your Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT
BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR
SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in
the course of completing a Transaction, we reserve the right to cancel
your Transaction for any reason; if we cancel your Transaction we'll
refund any payment you have already remitted to us for such
Transaction. Without limiting the foregoing, you may cancel your
Subscription at any time, but please note that such cancellation will
be effective at the end of the then-current Subscription period. YOU
WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID
FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
To cancel, you can send an email to AR@seesaw.me. You will be
responsible for all Subscription Fees (plus any applicable taxes and
other charges) incurred for the then-current Subscription period. If
you cancel, your right to use the Services will continue until the end
of your then-current Subscription period and will then terminate
without further charges.
19. WARRANTY DISCLAIMERS
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY
THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN
CONNECTION WITH THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEESAW,
AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. SEESAW AND ITS SUPPLIERS AND PARTNERS DO NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE
THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICES
WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. WE MAKE NO
WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE
SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU
MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
20. INDEMNITY
You agree to indemnify and hold harmless Seesaw from any and all
claims, suits, actions, losses, costs, damages, and any other
liabilities, including attorneys' fees, arising out of or related to:
(a) your use or misuse of Seesaw; (b) any violation of the rights of
any other person or entity by you, including without limitation, any
intellectual property right, publicity, confidentiality, property or
privacy right; or (c) your breach of any part of these Terms. Seesaw
will attempt to provide you with written notice of any such matter;
however, any failure or delay by Seesaw to do so does not negate your
defense or indemnification obligations or waive Seesaw's rights to seek
payment or defense or indemnification from you. Seesaw reserves the
right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to
cooperate with Seesaw in our defense of these claims. You will not
settle any claim that affects Seesaw or our affiliates without our
prior written approval.
21. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEESAW WILL NOT BE LIABLE TO
YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS
OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF
ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR: (A) YOUR
ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR
CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICES; (C) UNAUTHORIZED
ACCESS, USE, OR ALTERATIONS OF YOUR TRANSMISSIONS OR CONTENT; (D) ANY
INFORMATION POSTED ON THE SERVICES; OR (E) SEESAW'S DECISION TO PUBLISH
OR REMOVE ANY INFORMATION ON THE SERVICES; IN EACH CASE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEESAW OR OUR SERVICE
PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND
EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE
JURISDICTION, IN NO EVENT SHALL SEESAW'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO
THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES EXCEED:
(1) THE AMOUNTS YOU PAID TO ACCESS THE SERVICES DURING THE TWELVE (12)
MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR (2) ONE HUNDRED
U.S. DOLLARS, WHICHEVER IS GREATER.
The limitations of liability set forth in this Section are fundamental
elements of the basis of the bargain between you and us and will
survive any termination or expiration of these Terms, and will apply
even if any limited remedy specified in these Terms is found to have
failed of its essential purpose.
22. GOVERNING LAW AND DISPUTES
These Terms and any action related thereto will be governed by the laws
of the State of California, without regard to its conflicts of law
provisions. Except as otherwise expressly set forth in Section 23
("Informal Dispute Resolution") and Section 24 ("We Both Agree to
Arbitrate") below, the exclusive jurisdiction for any and all disputes,
claims, or controversies arising out of or relating to these Terms or
the breach, termination, enforcement, interpretation or validity
thereof or the use of the Services (collectively, "Disputes") that you
and Seesaw are not required to arbitrate will be the state and federal
courts located in San Francisco County, California, and you and Seesaw
each waive any objection to jurisdiction and venue in such courts.
23. INFORMAL DISPUTE RESOLUTION
We want to address your concerns without litigation or other formal
proceedings. Before filing a claim against Seesaw, you agree to try to
resolve the Dispute informally by contacting privacy@seesaw.me and
providing us with reasonably detailed information concerning your
issue. We will try to resolve the Dispute informally by contacting you
through email. If a dispute is not resolved within 15 days after
submission, you or Seesaw may bring a formal proceeding in accordance
with these Terms.
24. WE BOTH AGREE TO ARBITRATE
This Section applies to United States users.
a. Mandatory Arbitration of Disputes. We each agree that any Disputes
will be resolved solely by binding, individual arbitration and not in a
class, representative, or consolidated action or proceeding. You and
Seesaw agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of these Terms and that you and Seesaw
are each waiving the right to a trial by jury or to participate in a
class action. This arbitration provision shall survive termination of
these Terms.
b. Exceptions. As limited exceptions to Section 24(a) above: (i) we
both may seek to resolve a Dispute in small claims court if it
qualifies; and (ii) we each retain the right to seek injunctive or
other equitable relief from a court to prevent (or enjoin) the
infringement or misappropriation of our intellectual property rights.
c. Conducting Arbitration and Arbitration Rules. The arbitration will
be conducted by the American Arbitration Association ("AAA") under its
Consumer Arbitration Rules (the "AAA Rules") then in effect, except as
modified by these Terms. The AAA Rules are available at www.adr.org or
by calling 1-800-778-7879. A party who wishes to start arbitration must
submit a written Demand for Arbitration to AAA and give notice to the
other party as specified in the AAA Rules. The AAA provides a form
Demand for Arbitration at www.adr.org. Any arbitration hearings will
take place in the county (or parish) where you live unless we both
agree to a different location. The parties agree that the arbitrator
shall have exclusive authority to decide all issues relating to the
interpretation, applicability, enforceability, and scope of this
arbitration agreement.
d. Arbitration Costs. Payment of all filing, administration, and
arbitrator fees will be governed by the AAA Rules, and we won't seek to
recover the administration and arbitrator fees we are responsible for
paying unless the arbitrator finds your Dispute frivolous. If we
prevail in arbitration we'll pay all of our attorneys' fees and costs
and won't seek to recover them from you. If you prevail in arbitration
you will be entitled to an award of attorneys' fees and expenses to the
extent provided under applicable law.
e. Injunctive and Declaratory Relief. Except as provided in Section
24(b) above, the arbitrator shall determine all issues of liability on
the merits of any claim asserted by either party and may award
declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim. To the extent that you or
we prevail on a claim and seek public injunctive relief (that is,
injunctive relief that has the primary purpose and effect of
prohibiting unlawful acts that threaten future injury to the public),
the entitlement to and extent of such relief must be litigated in a
civil court of competent jurisdiction and not in arbitration. The
parties agree that litigation of any issues of public injunctive relief
shall be stayed pending the outcome of the merits of any individual
claims in arbitration.
f. Class Action Waiver. YOU AND SEESAW AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, if the parties' Dispute is resolved through
arbitration, the arbitrator may not consolidate another person's claims
with your claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found
to be unenforceable, then the entirety of this Section 24 ("We Both
Agree to Arbitrate") shall be null and void.
g. Severability. Except as expressly stated in Section 24(f) of these
Terms ("Class Action Waiver"), if an arbitrator or court of competent
jurisdiction decides that any part of this Section 24 ("We Both Agree
to Arbitrate") is invalid or unenforceable, the other parts of this
Section 24 will still apply
25. FEEDBACK
We welcome your feedback and suggestions about the Services. Please
send us a message through this form at any time. If you choose to
submit feedback, you agree that we are free to use it without any
restriction or compensation to you.
26. ENTIRE AGREEMENT
These Terms (and any other policies we refer to in this document) make
up the entire agreement between you and Seesaw Learning, Inc., and
supersede any prior agreement. If any part of these Terms are found to
be unenforceable by a court or arbitrator, the remaining parts will
remain in full force and effect. If Seesaw fails to enforce any part of
these Terms, such a failure does not constitute a waiver. Except as
expressly stated in Section 24(f) of these Terms ("Class Action
Waiver"), if any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and
the other provisions of these Terms will remain in full force and
effect. You may not assign or transfer these Terms, by operation of law
or otherwise, without Seesaw's prior written consent. Any attempt by
you to assign or transfer these Terms, without such consent, will be
null. Seesaw may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure
to the benefit of the parties, their successors, and permitted assigns.
27. CONTACT INFORMATION
Seesaw Learning, Inc.
548 Market St
PMB 98963
San Francisco, CA 94104-5401
You can contact us through our help request form here.
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