TERMS OF USE
Revised: April 7, 2020
Saint Mary’s College of California Alumni E-Mail Terms of Use
This Terms of Use Policy (“Terms”) governs your use of the Alumni E-Mail service (“Service”). Saint Mary’s College of California provides the Service to you free of charge for your personal, noncommercial use. Your use is contingent upon your compliance with these Terms. Saint Mary’s College of California may terminate your access to the Service at any time if Saint Mary’s College of California determines, in its sole discretion, that you have not complied with these Terms. Saint Mary’s College of California 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 Alumni E-Mail Service
Use of the Service is restricted to the personal, noncommercial use of Saint Mary’s College of California alumni. 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 Saint Mary’s College of California 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 Saint Mary’s College of California
- Use the Service in any way to harass, denigrate, threaten, intimidate, or abuse any person
- 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 Saint Mary’s College of California employee or student, account administrator, or other User, or falsely state or otherwise misrepresent your affiliation with Saint Mary’s College of California
- 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. Saint Mary’s College of California may revoke you access at any time if Saint Mary’s College of California determines, in its sole discretion, that you have not complied with these Terms.
When Saint Mary’s College of California May Terminate Your Access to the Service
Saint Mary’s College of California may terminate your access to the Service if:
- Saint Mary’s College of California determines, in its sole discretion, that you have failed to comply with these Terms or any applicable law
- Saint Mary’s College of California ceases to make the Service generally available to alumni
- You have not logged into the Service in more than 365 days
Saint Mary’s College of California will use reasonable efforts to provide you with prior notice of termination. Such notice may be sent to you via e-mail.
How Saint Mary’s College of California May Access and/or Share Your Information
Except as provided in these Terms, Saint Mary’s College of California will not sell or share your information without your consent. Saint Mary’s College of California uses Google’s G Suite for Education to provide the Service to you. Saint Mary’s College of California manages your account and has access to your account and its contents. Saint Mary’s College of California may:
- Access and retain information stored in your account, like your email
- View statistics regarding your account, like how many apps you install
- Change your account password
- 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 settings
Google also collects information based on the use of the Service. By accessing the Service you agree to Google’s G Suite for Education Privacy Policy. If you do not agree to the terms of Google’s G Suite 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. SAINT MARY’S COLLEGE OF CALIFORNIA 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. SAINT MARY’S COLLEGE OF CALIFORNIA 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 SAINT MARY’S COLLEGE OF CALIFORNIA 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, SAINT MARY’S COLLEGE OF CALIFORNIA’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO $100.
Indemnity
You agree to indemnify Saint Mary’s College of California 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 Saint Mary’s College of California 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 Contra Costa County, California and you and Saint Mary’s College of California consent to personal jurisdiction in those courts.
Contact
For questions regarding the Service or these Terms, please contact itshelp@stmarys-ca.edu.
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