Terms Of Use
Released: May 6, 2022
Santa Clara University Retiree E-Mail Terms of Use
This Terms of Use Policy (“Terms”) governs your use of the Retiree E-Mail service (“Service”). Santa Clara University provides the Service to you free of charge for your personal, noncommercial use. Your use is contingent upon your compliance with these Terms. Santa Clara University may terminate your access to the Service at any time if Santa Clara University determines, in its sole discretion, that you have not complied with these Terms. Santa Clara University may modify these Terms at any time. By accessing the Service, you agree to review these Terms periodically to ensure that you are able to comply. You will immediately cease using the Service if you will not, or cannot, comply with these Terms at any time. By accessing the Service, you agree to these Terms.
Your Use of the Retiree E-Mail Service
Use of the Service is restricted to the personal, noncommercial use of Santa Clara University retirees. You may not sell, license, assign, or otherwise transfer your right to use the Service. Your login credentials are personal to you and may not be shared with any other person or entity. You agree to use the Service in accordance with all applicable laws, regulations, and Santa Clara University policies, including, but not limited to, these Terms.
Restrictions on How You May Use the Service
You agree that you will not:
- Use the Service for the benefit of a commercial enterprise, such as selling products or conducting business activities
- Use the Service in any way that disparages Santa Clara University
- Use the Service in any way to harass, denigrate, threaten, intimidate, or abuse any person or entity
- Use the Service to transmit any illegal content
- Permit any third party to use the Service for its own benefit or the benefit of any other party
- Impersonate any person or entity, including, but not limited to, a Santa Clara University employee or student, account administrator, or other User, or falsely state or otherwise misrepresent your affiliation with Santa Clara University
- Provide passwords or other log-in information to any third party
- Use the Service to upload, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- Use the Service to upload, transmit, or otherwise make available any malicious computer code, files, or programs, including, but not limited to, viruses, worms, or Trojan horses
- Interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirements, procedures, policies or regulations of networks connected to the Service
- Modify, adapt, or hack the Service, including by using any non-public APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks
Your failure to comply with these Terms or any applicable law may result in the termination of your access to the Service. Santa Clara University may revoke your access at any time if Santa Clara University determines, in its sole discretion, that you have not complied with these Terms.
When Santa Clara University May Terminate Your Access to the Service
Santa Clara University may terminate your access to the Service if:
- Santa Clara University determines, in its sole discretion, that you have failed to comply with these Terms or any applicable law
- Santa Clara University ceases to make the Service generally available to retirees
- You have not logged into the Service in more than 365 days
Santa Clara University will use reasonable efforts to provide you with prior notice of termination. Such notice may be sent to you via email.
How Santa Clara University May Access and/or Share Your Information
Except as provided in these Terms, Santa Clara University will not sell or share your information without your consent. Santa Clara University uses Google Workspace for Education to provide the Service to you. Santa Clara University manages your account and has access to your account and its contents. Santa Clara University may:
- Access and retain information stored in your account, like your email
- View statistics regarding your account, like how many apps you install
- Enforce a password change
- Suspend or terminate your account access
- Receive your account information in order to satisfy applicable law, regulation, legal process, or enforceable governmental request
- Restrict your ability to delete or edit your information or your privacy and security settings
Google also collects information based on the use of the Service. By accessing the Service you agree to Google Workspace for Education Privacy Policy. If you do not agree to the terms of the Google Workspace for Education Privacy Policy, or any other Terms of Use governing the Service as may be posted by Google, do not use the Service.
Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SANTA CLARA UNIVERSITY EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY (a) WARRANTY THAT THE SERVICE IS ERROR-FREE OR “BUG”-FREE, ACCURATE, SECURE, OR RELIABLE; (b) WARRANTY THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION; (c) WARRANTY THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICE WILL COMPLY WITH ANY LAW, RULE, OR REGULATION; (d) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (e) IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (f) WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. SANTA CLARA UNIVERSITY WILL NOT BE LIABLE FOR DAMAGES OR LOSSES (IN CONTRACT, STATUTE, TORT, OR OTHERWISE), INCLUDING DAMAGES FOR LOST PROFITS, LOST SAVINGS, COST OF REPLACEMENT SERVICES, LOST DATA, LOSS OF USE OF INFORMATION OR SERVICES, OR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER SANTA CLARA UNIVERSITY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION ONLY APPLIES WHERE ALLOWED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SANTA CLARA UNIVERSITY’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO $100.
Indemnity
You agree to indemnify Santa Clara University and its Trustees, officers, employees, agents, and representatives from any claim, suit or action arising from or related to your use of the Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
General Terms
These Terms control the relationship between Santa Clara University and you with regard to your use of the Service. These Terms do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If any provision in these Terms is deemed unenforceable by a court of competent jurisdiction, this will not affect any other terms. These Terms are governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws provisions. All claims arising out of or relating to these Terms or the Service will be litigated exclusively in the federal or state courts of Santa Clara County, California and you and Santa Clara University consent to personal jurisdiction in those courts.
Contact
For questions regarding the Service or these Terms, please contact retiree-email-service-group@scu.edu.
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