SENECA SPEAKS
SENECA SPEAKS
Terms of Service
GENERAL INFORMATION
Welcome to Seneca Speaks Terms of Service page! When you use our web site services, you trust us with your information. The Terms of Service (TOS), Privacy Policy, Terms of Sale, Shipping Policy, and Return & Refund Policy are meant to help the User understand Site and Service policy, what data we collect, why we collect it, and what we do with it. When you share information with us, we can make our services even better for you. For instance, we can show you more relevant search results and ads, help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy. This is important; we hope you will take time to read it carefully. Remember, you can find controls to manage your information and protect your privacy and security. We’ve tried to keep it as simple as possible.
RIGHT TO ACCESS, CORRECT AND DELETE DATA AND TO OBJECT TO DATA PROCESSING
Site Users have the right to access, correct and delete personal data relating to them, and to object to the processing of such data, by addressing a written request, at any time. Seneca Speaks makes every effort to put in place suitable precautions to safeguard the security and privacy of personal data, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorized third parties. However, Seneca Speaks does not control each and every risk related to the use of the Internet, and therefore warns the Site Users of the potential risks involved in the functioning and use of the Internet. The Site may include links to other web sites or other internet sources. As Seneca Speaks cannot control these web sites and external sources, Seneca Speaks cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources.
MANAGEMENT OF PERSONAL DATA
The User can view or edit their personal data online for many of our Services. The User can also make choices about our collection and use of User data. How the User can access or control their personal data will depend on which services the User utilizes. The User can choose whether they wish to receive promotional communications from our web site by email, SMS, physical mail, and telephone. If the User receives promotional email or SMS messages from us and would like to opt out, the User can do so by following the directions in that message. The User can also make choices about the receipt of promotional email, telephone calls, and postal mail by visiting and signing into Seneca Speaks Promotional Communications Manager, which allows the User to update contact information, manage contact preferences, opt out of email subscriptions, and choose whether to share the User’s contact information with Seneca Speaks partners. These choices do not apply to mandatory service communications that are part of certain Site Services.
Definitions.
1. Any reference on this web site or any other type of documentation or representation of the name “TOS” means the Seneca Speaks website’s terms of service; and by using the Seneca Speaks website User agrees and warrants the TOS sets forth the User’s only rights and responsibilities in reference to the TOS.
2. Any reference on this web site or any other type of documentation or representation of the name “Seneca Speaks” means senecaspeaks.com, Seneca Speaks registered trademark, SP&M, Spencer Publishing & Media (a Praxis Nexus, Inc. D.B.A.), and/or Praxis Nexus, Inc.
3. Any reference on this web site or any other type of documentation or representation of the name “Site” or “Web Site” means the Seneca Speaks web site.
4. Any reference on this web site or any other type of documentation or representation of the name “Web Site Service”, Web Site Services”, “Service” and/or “Services” means the online retail services provided marketplace for the items listed for sale on the Seneca Speaks web site; more broadly to include any/all products/services listed for sale on the Site.
5. Any reference on this web site or any other type of documentation or representation of the name “User”, or “user” means anyone making use of the Seneca Speaks website.
6. Any reference on this web site or any other type of documentation or representation of the name “Trademark”, means the trademark registered to Seneca Speaks, Praxis Nexus, Inc., and/or the successor/assign.
7. Any reference on this web site or any other type of documentation or representation of the name “Third Party”, or “Third Parties” means anyone or any entity other than Seneca Speaks and Seneca Speaks Products and Services appearing on the Site who provide(s) their own content, products, and or services.
8. Any reference on this web site or any other type of documentation or representation of the name “Submission”, or “Submissions” means and includes but not limited to: questions, comments, suggestions, ideas, message board postings, material (intellectual property, Content, text, graphics, and/or Designs) submitted via web forms, contest entries, communications or any other information.
9. Any reference on this web site or any other type of documentation or representation of the name “Content” means any text, graphics, intellectual property, or works of creation appearing on the Site; and unless otherwise designated in the TOS, any/all Content references on this Site are the sole possession of Seneca Speaks.
10. Any reference on this web site or any other type of documentation or representation of the name “Design”, or “Designs” means any works of creation, intellectual property, graphical or otherwise; and unless otherwise designated in the TOS, any/all Designs references on this Site are the sole possession of Seneca Speaks.
11. Any reference on this web site or any other type of documentation or representation of the name “Product’ or “Products” means any/all items/merchandise listed on the Site.
Use of the Site constitutes the User’s complete binding acceptance of the TOS; further that User TOS acceptance constitutes User agreement and acceptance of Seneca Speaks Site Terms of Sale, Privacy Policy, Disclaimer of Warranties, Shipping Policy, and Return & Refund Policy. Seneca Speaks is a registered trademark. Seneca Speaks reserves the right at its sole discretion to change, amend or replace the TOS. It is the User’s responsibility to check the Site for any/all changes, amendments, or replacement to the TOS, Privacy Policy, Disclaimer of Warranties, Terms of Sale, Shipping Policy, Return & Refund Policy, and any/all other Site Content. The User’s only recourse, if the TOS or any other term, policy, process, Product, and/or Service are deemed by the User to be unacceptable, is to discontinue use of the Site.
The TOS shall be binding upon the User and Seneca Speaks hereto and their successors, legally permissible assigns. The terms and condition of the TOS are not assignable or transferable without prior Seneca Speaks consent in writing. The current TOS, and all related attachments represent the full agreement between the User and Seneca Speaks, and supersedes all prior and contemporaneous agreements. Any delay or failure by User of Seneca Speaks to exercise any/all right or authority provided by the TOS shall not constitute waiving of said right or authority. If any term or condition of this TOS is deemed by a court of law to be unenforceable, the surviving TOS terms and conditions shall remain in full force and effect.
Terms.
1. Use of the Site, Products and Services:
a. Eligibility: Seneca Speaks knowingly provide the Products and/or Services only to parties that can lawfully enter into contracts under applicable law. If the User is under the age of 18, but are at least 13 years of age, the User may only utilize the Service under parental or legal guardian supervision who; parent or legal guardian agreeing and warranting the TOS. The Products and/or Services are not intended for use by children under the age of 13.
b. TOS Compliance: The User shall comply with all TOS terms and conditions, applicable agreements and policies.
c. Applicable Law: The User shall comply with all applicable laws, rules, and regulations when making use of the Site, Products and/or Services. The TOS shall be governed under the laws of the State of Kansas, United States of America.
d. Site License: Seneca Speaks solely and exclusively owns all intellectual property and other rights, title and interest in and to the Seneca Speaks Servicemark, Products, Services, and Site; except as expressly provided by the TOS. For example and without limitation, Seneca Speaks owns the trademark Seneca Speaks (TM), the copyrights in and to the Web Site, and certain technology used in providing the Seneca Speaks Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
i. Seneca Speaks grants the User a limited revocable license to access and use the Site and Service for its intended purposes, subject to TOS User compliance. This license does not include the right to collect or use Site information for purposes prohibited by Seneca Speaks; to compete with Seneca Speaks; create derivative works based on Site content; or copying the Site;
ii. User violation of this limited license or the TOS shall result in the revocation of the limited license from the User.
e. Prohibited Site Use: The User may make use of the Site as is expressly permitted by the TOS. The User may not harm the Site or Services by means listed below, but not limit to:
i. Interfere with Service by use of virus, malicious code/programs, or any other technology designed to disrupt or damage software or hardware;
ii. Use of robots, spiders, and/or other contrivances to monitor Site activity;
iii. Duplication of site content, except in the or normal Site browsing and utilization of Services;
iv. Mine/farm email addresses and/or other User information;
v. Impersonate another person or entity;
vi. Any conduct which interferes with any User's use of Site and Service;
vii. Creating derivative works from, reverse engineering Site content, and/or disrupt Site Services.
f. Third Parties: Use of any Third Party content, products, and or services by the User is done so by and with the sole discretion of the User. The User holds Seneca Speaks harmless for any/all liability related to any/all damages and/or loss related to the User’s consumption and/or utilization of said Third Party Site content, products and services. The User acknowledges and warrants Seneca Speaks’ inability to ensure any level of reasonable service by any third Party, further that any Third Party provides for their own terms of service; and User utilization of any Third Party content, products, and/or services shall be governed by the aforementioned Third Parties terms of service.
2. Attachments: All legal documentation, processes, terms, conditions, requirements, stipulations, policies, directives are attached to the TOS hereto, and considered incorporated to the TOS. These attachments are the following, but not limited to:
a. Privacy Policy;
b. Disclaimer of Warranties;
c. Terms of Sale
d. Purchase Order;
e. Job Order;
f. Shipping and Return Policy
3. Subscription(s): The User grants Seneca Speaks the right to contact the User by way of User provided personal data provided during new user account creation or opting to receive the Seneca Speaks newsletter/notifications and podcasts for the purposes of receiving the Seneca Speaks newsletter/notifications, marketing information the User may find useful, or any other purpose Seneca Speaks deems critical. The User may, at any time, opt to discontinue receiving the Seneca Speaks newsletter/notifications by submitting a request in writing (email, US Mail, or other courier service) to the listed Seneca Speaks Contact Address of Record.
4. Reservation of Rights: At any time, without notice, and free of any/all User claims against Seneca Speaks, Seneca Speaks reserves the right to:
a. The right to modify the TOS;
b. The right to monitor any/all Site transactions and communications;
c. The right to cancel any purchase or transaction in the event, but not limited to:
i. Any transaction or communication Seneca Speaks deems inappropriate
1. In the event of said transaction cancellation, Seneca Speaks may, but is not obligated to, take action to restrict access to any material considered objectionable, without any Seneca Speaks liability to User or any third party.
d. The right to terminate User’s access and/or utilization of the Site and/or Service if Seneca Speaks believes User has breached the TOS, or for any other cause Seneca Speaks deems reasonable; in the event of said termination, Seneca Speaks retains the unassailable right to delete all User Content, Design, or any other thing/item (tangible or intangible) without any liability to the from the User or any third party.
5. Representations and Warranties: The User warrants and represents their pertinent obligation to the following:
a. User possess the full authority to enter into the TOS and execute its terms and conditions,
b. User represents and warrants under that the TOS does not breach or constitute a conflict with any other User bound obligation or agreement;
c. The TOS is a legal, valid and binding obligation, enforceable in accordance under the TOS terms and conditions.
d. User represents and warrants in relation to the use of Site, Service, transaction, and/or any order that User place with Seneca Speaks:
i. Does not/will not infringe upon the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party
ii. Does/will comply with all applicable laws, rules, and regulations.
iii. No claims, demands or any form of pending litigation, or to the best of your knowledge, threatened with respect to any of User Content and/or Designs;
iv. Use of any User provided Content and/or Designs will not cause injury to any third party;
v. User Content and/or Designs does not contain viruses, malicious code, or any other technology designed to disrupt or damage any software or hardware.
6. Disclaimer of Warranties: Seneca Speaks provides this Site, Products, and Services “As Is”. Seneca Speaks does not represent or warrant that the Site, Products, and Services or their respective use shall be uninterrupted, free of errors or omissions, meet your requirement and expectations, or will integrate with the User utilized software, configuration(s) or production methodologies. Seneca Speaks makes no warranties, expressed or implied, other than those set forth in the TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
7. Limitation of Liabilities: Except in the event of a Party breaching the TOS Representation and Warranties, or TOS terms of “Indemnification:”, under no circumstances shall Seneca Speaks’ liability exceed the value of the Products or Service purchased. The monetary value of all Products or Service are limited to the stated value on the Site or otherwise stated in writing from Seneca Speaks.
8. Exclusion of Damages: The User shall not hold Seneca Speaks liable for any consequential, incidental, direct, indirect, punitive, or special damages, including damages related to lost profit, lost date, or any other kind of loss, arising from, related to, or connected with the use of this Site, Products, and/or Services, related to any cause or action, even if advised of the possibility of said damages.
9. Indemnification: User agrees to indemnify and hold harmless Seneca Speaks, its employees, agents, representative, independent contractors, representatives, affiliates, directors, officers, owners, managers and shareholders harmless from any/all damage, loss, expense, and/or legal expense incurred connected to any third party claim, damage, or action “Claim(s)” brought against any parties alleging that User has breached the TOS by any act or omission, including but not limited to any/all Claim(s) that User Content and/or Design infringes upon the legal rights of said aggrieved third party. In the event that User must indemnify Seneca Speaks, Seneca Speaks shall possess the right to direct the defense, negotiation, arbitration, settlement and resolution of any Claim(s) at Seneca Speaks’ sole discretion and User’s sole expense. User may not, under any circumstances, settle or seek resolution for any/all aforementioned Claim(s).
10. Survivability: Notwithstanding Seneca Speaks’ right to terminate User access to Site, Products, and/or Services, the TOS shall remain in full force and effect (survive). In the event of court decision or binding arbitration to negate any portion of the TOS, the remaining terms and conditions of the TOS shall then remain in full force and effect.
11. Notification: All requisite notification in accordance with the TOS must be in writing and delivered to the respective parties by any one of the listed means: electronic mail “email”, US Mail, or any third party courier. User agrees and warrants that electronic mail “email” is an acceptable form of communication and Service in Writing. User agrees that all correspondence intended for Seneca Speaks must be sent to the contact address of record listed on the TOS term “Seneca Speaks Contact Address of Record”.
12. Seneca Speaks Contact Address of Record: Seneca Speaks, 7500 West 151st, #23312, Overland Park, Kansas; email address contact@senecaspeaks.com.
13. Binding Arbitration: User waives any/all rights to a jury trial in relation to the Site, Service, and the TOS, connect to any/all disputes where User makes any/all Claim(s) against Seneca Speaks; and further that said disputes shall be exclusively resolved under confidential binding arbitration held exclusively in Johnson County, Kansas in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Kansas law. The arbitrator’s determination and award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Said arbitrator’s determination shall not, under any circumstances, be enjoined with any other party arbitration, class action, or legal action with any other party(s) in relation to Seneca Speaks, Site, Products, and/or Services. By agreeing to seek remedy for any/all disputes or claims with Seneca Speaks exclusively by binding arbitration, the User, under no duress or coercion, knowingly and voluntarily waives all right to sue Seneca Speaks in any court of law or by jury resolution (jury trial) from any/all claims related to Seneca Speaks, Site, Products, and/or Services. Any claim against Seneca Speaks, the Site, Products, and/or Services must be asserted individually by the User.
14. Applicable Law and Jurisdiction: Any/all legal dispute shall be governed by the laws of the state of Kansas. The User irrevocably submits to the jurisdiction of the Federal and State of Kansas courts open and closest in physical distance to Overland Park, Kansas. Notwithstanding anything to the contrary to section “Binding Arbitration”, the User and/or Seneca Speaks may seek equitable relief; including, and without limitation, injunctive relief and specific performance, without the requirement of posting bond, other forms of security guarantee, or proving money damages are insufficient, from a court of competent jurisdiction.
Version: TOS 1.0 Effective Date: March 1, 2023