SEIA Gmbh, June 10, 2023

SEIA GmbH., a German corporation (“we,” “us,” “our,” www.seiatech.com,” etc.) owns and operates the www.seiatech.com website, SEIA Summer School live educational content, reference content, documentation, and training manuals, to the extent applicable (collectively, “Service”) that you (“you,” “your,” etc., collectively, “Users”) have accessed and are using and/or viewing. Your use of the Service is subject to the terms and conditions set forth in these Terms of Use (this “Agreement” or these “Terms”).

 

These Terms constitute a legally binding Agreement by and between you and us. By registering or accessing the Service, you accept these Terms and agree to the provisions, terms, conditions, notices, and disclaimers contained or referenced herein whether or not you become a registered user.

 

LICENSE

We hereby grant you a limited, personal, non-exclusive, revocable license to attend the Service subject to the Terms of this Agreement. You may not: (i) transfer or sublicense the Service to anyone else; (ii) copy, modify, or distribute our Service; (iii) reverse engineer, decompile, or create derivative works of the Service; (iv) use more than one access per individual; (v) allow more than one individual to use a single access; (vi) permit shared viewing of content to bypass individual licensing; or (vii) use the Service in any unlawful manner or in a manner inconsistent with these Terms.

 

The Service is licensed and not sold to you. You may not sell or otherwise assign your rights hereunder or transfer the Service to any other person with or without value.

 

ON-LINE OFFERINGS AND REGISTRATIONS

Registration for any live online or on-demand course, content, or other offering will not be complete until payment is actually received by us and you receive the relevant link or access to the training seminar. 

 

IF YOU ARE VIEWING ANY CONTENT NOT REGISTERED TO YOU, YOUR UNAUTHORIZED ACCESS PERMITS SEIA TO SEEK IMMEDIATE LEGAL ACTION. All sales are final. No refunds will be made for “No Shows” (a “No Show” is a person who registers for a live event, online course, or who purchases a subscription and does not attend the training, watch the online course, or use their subscription before it expires). If we need to cancel or reschedule an event, we may elect to offer you a transfer of registration to another event, provided such event is scheduled and space is available, or we will refund all fees that were paid by you and received by us.  If we determine, in our sole discretion, that you must be removed from an event or have access to on-demand content revoked for inappropriate or illegal conduct, we will not provide any refund or credit. You agree to verify and comply with the computer requirements found below. We have the right to restrict access to content at any time.   You agree to download, install, and configure WebEx Event Manager or other software as necessary in order to view content.  IF YOU ARE VIEWING ANY CONTENT NOT LICENSED TO YOU, YOUR UNAUTHORIZED ACCESS PERMITS US TO SEEK IMMEDIATE LEGAL ACTION.

 

COMPUTER REQUIREMENTS 

•        Internet (broadband recommended)

•        Speakers/headset are required to hear live streamed content

•        To join an online event more quickly, you may wish to set up teams before the event starts.

 

YOUR IDENTITY

You may not create or use a registration for the Service for anyone other than yourself. You may not let others, including, without limitation, colleagues, customers, or other persons, use your account or the Service and you may not share your access information with others. You must keep your contact and personal profile information accurate and current. We will only disclose your identity to third parties in accordance with our Privacy Policy. You may never use another User’s access information without permission. 

 

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GENERAL USER CONDUCT

You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for Internet and business etiquette. For example and without limitation, while using the Service you shall not: (a) violate any applicable law or regulation; (b) infringe the rights of us or any third party, including without limitation intellectual property, privacy, and contractual rights; (c) use information obtained through our Service for any unauthorized purpose; (d) interfere with or damage our Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its contents, or similar methods or technology; (e) use our Service unlawfully to transmit, distribute, post, or submit any private information concerning any other person or entity, including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts; (f) use our Service in connection with the distribution of unsolicited commercial email or advertisements; (g) use our Service to stalk, harass, or track the whereabouts or activities of any other individual without the individual’s knowledge or consent; (h) collect any information about any other user other than as customarily arises in the course of permitted use of our Service; (i) use our Service for any unauthorized commercial purpose; (j) impersonate any person or entity; (k) remove any copyright, trademark, or other proprietary right notices or legends contained in the Service; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; (m) collect or compile information from our Service using any manual or automated means; or (n) assist or facilitate any third party in doing any of the foregoing.

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Furthermore, you may not use the Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding us and/or the Service or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

PRIVACY

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We respect your privacy during your use of our Service. Use of the Service is governed by our Privacy Policy. 

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SOCIAL NETWORKS

The Service may include features that operate in conjunction with certain third-party social networking websites that you visit (“Social Network Features”). While your use of the Social Network Features is governed by this Agreement, your access and use of third-party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for us to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third-party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third-party websites which could result in the termination of your account and ability to access these third-party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.

 

MINORS

Our Service is intended for persons having the legal capacity to be bound by these Terms or acting with the express or implied consent of their parent or legal guardian. By using our Service, you represent and warrant that (i) you are over 18 years of age; and, (ii) that you have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. Children younger than 18 years of age may not register as a parent profile or account and use the Service under any circumstances. The Service is not a substitute for oversight and supervision by the minor’s parents or legal guardians and should not be construed as a preventative measure in any manner.

 

REGISTRATION

In order to use the Service, you must register. In order to register, you must be at least 18 years of age. During registration, you will be asked to provide certain personal information, including, without limitation, your email address. You must provide full and accurate information. By registering an account, you consent to our use and storage of your personal information and automatically collected information, as governed by our Privacy Policy. By registration you commit to be held liable for any fees or payments represented in the agreement. 

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ADVERTISEMENTS

By registering for and using the Service, you accept that we reserve the right to send you advertisements and offers for other products and services via in-app messaging, text message and the email address you provide. To opt-out of all further contact initiated by us, contact us at any time at contact@seiatech.com

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LINKS TO OTHER SITES

The Service may contain links to third party websites and resources. Such sites and resources are not under our control and we shall not be responsible for the contents or functions thereof. We provide such links as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.

 

PROPRIETARY RIGHTS

You agree that all content and materials available on our Service are protected by our and the applicable third parties’ rights of publicity, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for information in the public domain or for which you have been given express written permission by us to the contrary, you agree not to sell, license, rent, modify, distribute, copy, reproduce, print, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal use of our Service.

 

You agree not to use of any of our trademarks as material on other web sites. You agree not to display any of our Service in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at contact@seiatech.com  You may, however, establish ordinary links to the homepage and other major sections of our Service without our written permission.

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The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

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TERMINATION

You agree that we, in our sole discretion, may terminate your access to our Service for any reason or no reason, including without limitation your breach of these Terms. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. If you choose to terminate your account with us, you will not receive a refund for the most recently charged fees.

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Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

CUSTOMER SERVICE

We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.

 

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; and (b) your use of our Service will not violate any law and/or any of these Terms.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT:

1. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

2. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

3. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE.

4. NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE, INCLUDING, WITHOUT LIMITATION, DATA, INFORMATION, OR ADVICE RELATED TO IMPORT-EXPORT LAWS AND REGULATIONS AND ANY CHANGES OR AMENDMENTS THERETO, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

INFORMATION ACKNOWLEDGEMENT; DISCLAIMER

By accessing the Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding results of any kind. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Service is a promise or guarantee to you of such results.  The Service is for informational purposes only and does not provide legal or financial or investment advice.  The Service is designed for non-commercial, informational purposes only. You further hereby acknowledge and agree that laws and regulations, including, without limitation, those related to import and export, change and/or are amended and we shall have no obligation or duty to update any materials offered with or related to the Service.  YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL OR FINANCIAL OR INVESTMENT ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A LAWYER OR FINANCIAL OR INVESTMENT PROFESSIONAL. If you rely on any of the information provided by this Service, presenters, our employees, or guests or visitors to the Service, you do so solely at your own risk.    

LIMITATION OF LIABILITY

1. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PROFESSIONALS, PRESENTERS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SERVICE REGARDING IMPORT-EXPORT LAWS AND REGULATIONS, ANY CHANGES AND/OR AMENDMENTS THERETO, AND THE LOCATION OR ACTIVITIES OF OTHERS; (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR THESE TERMS; OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

2. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF.

3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF FIVE DOLLARS ($5.00).

4. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SERVICE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OF OTHER USERS.

5. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

6. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, OWNERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE, OR ANY VENUES, PERSONS, OR ENTITIES, YOU MAY INTERACT WITH ARISING FROM YOUR USE OF THE SERVICE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM.

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NDEMNITY; RELEASE; WAIVER

You agree to defend, indemnify, and hold harmless us and our subsidiaries, corporate parents, affiliates, and each of our and their directors, officers, managers, owners, partners, representatives, agents, assigns, and employees from and against each and every claim, demand, action, damage, loss, cost, and expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your or your children’s use of our Service or alleging facts or circumstances that could constitute a breach by you and/or your children of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. In the event of a dispute between you and any other user of the Service, you hereby release us and our affiliates (and us and their officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby waive any and all claims you may have against us, our clients, and our other customers of the Service in connection with our and their use of the Service not constituting a breach hereof.

 

COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, send us your notice of infringement.

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EXPORT REGULATIONS

User acknowledges that certain technology of ours may be subject to application export control and sanction laws, regulations, and orders.  User certifies, represents, and warrants that it is in compliance and shall take all necessary acts to remain in compliance with all applicable export and re-export control laws and regulations, including, without limitation, the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions and regulations maintained by OFAC (defined below), and the International Traffic in Arms Regulations maintained by the U.S. Department of State.  User hereby agrees to defend, indemnify and hold us harmless from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foregoing certification.

 

GENERAL PROVISIONS

These Terms contain the entire understanding between you and us regarding the subject matter hereof and supersede all prior and contemporaneous agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. You and we are independent contractors only, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required to make it valid and enforceable and the other provisions hereof shall be unaffected thereby.

 

CONTACT

If you have any questions about these Terms, please contact us at contact@seiatech.com