diff --git a/seesaw_tos.txt b/seesaw_tos.txt index 1c8600f..3a909f3 100644 --- a/seesaw_tos.txt +++ b/seesaw_tos.txt @@ -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. - - Seesaw Seesaw - - Seesaw - * Contact