The purpose of this Acceptable Use Policy (“AUP”) is to establish guidelines for the expected conduct of the user of Serendum’s sites and Services, and to prohibit actions and content that are contrary to Serendum’s mission and ideology. This AUP is intended to protect the Services, Serendum, its vendors, agents, representatives, and Serendum’s customers from improper, immoral, abusive, illegal, or offensive activity.
All of Serendum’s sites and their components are offered for informational purposes only; Serendum shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via any Serendum site, and shall not be responsible or liable for any error or omissions in that information. While Serendum takes reasonable caution to prevent any such occurrence, Serendum will not be responsible or liable for any harm or injury that may come from using any of Serendum’s sites.
Serendum is under no legal or other obligation or duty to monitor any actions on Serendum’s sites or Services provided, and Serendum disclaims any responsibility or liability for the misuse of the Services provided. Serendum has no responsibility or liability for any individual accessing, using, purchasing, or pursuing the site or Services, the content, material or information stored, created, maintained, transmitted, or accessible on or through the Services and is not obligated to monitor or exercise any editorial control over such material.
In the event that Serendum becomes aware that any material that violates any of the Policies may exist, Serendum reserves the right to block access to such material, but is not required to do so. Unless otherwise stated in the Policies, Serendum disclaims any obligation whatsoever to any individual, company, group, organization, or other entity who has not entered into an agreement with Serendum for use of the Services.
Any individual accessing, using, or purchasing services from any Serendum site (hereafter referred to as the “User”) will be responsible for the activities of their agents, representatives, and end-users and will be responsible for their cooperation with all of the Policies.
If a User becomes aware of any violation of the Policies set forth by Serendum, the User is obliged to notify Serendum immediately with any relevant information.
It is the sole responsibility of the User to review all Policies provided by Serendum for changes, updates, or modifications.
It is prohibited to use any Serendum site, or the products (hereafter collectively referred to as the “Services”) offered on any Serendum site – either now or in the past or future – for illegal, offensive, immoral, or abusive purposes, or in a manner that interferes with or adversely affects Serendum or its agents, representatives, assets, and property including, but not limited to, any actions that would expose Serendum to civil or criminal liability.
The User and their agents, representatives, and end-users agree not to use the Services for:
In addition, the User and their agents, representatives, and end-users agree to abide by all applicable laws, rules and regulations related to their use of the Services, including data protection and privacy laws, as well as laws related to unsolicited messaging.
Serendum will have final say on what activities constitute a violation of the Services. Some of the Services may have specific terms designated solely to their purpose. These terms will be provided to the User separately, and should be distributed by the User to their agents, representatives, and end-users. The User bears full responsibility for this distribution and ensuring compliance.
Serendum reserves the right to change any of the Policies at any time for any reason, with or without notice to the User. Serendum, where possible, will attempt to notify the User twenty-one (21) days prior to the effective date of any change. Serendum is not responsible for the User’s receipt of this notification, or any issues or failure in sending the notification. Serendum is not bound or obligated in any way to provide advance notice of changes. The User, by agreeing to the existing Policies, accepts future revisions.
Serendum reserves the right to investigate any actual, suspected, or alleged violations of the Policies. The User will reasonably cooperate with the investigations and any corrective measures necessary in any breach of these Policies by themselves, their agents, representatives, or end-users.
Serendum and its agents, representatives, or vendors may implement technical measures to prevent violations of any of the Policies, including network scanning and analysis or network filters.
Nothing in any of the Policies set forth by Serendum limits Serendum’s rights and remedies at law or in equity.
Serendum reserves the right to discontinue the relationship with the User at any time should they be in breach of the Policies set forth. Serendum also reserves the right to implement suspensions, or terminations without prior notice. These terminations will include all data stored within the Services provided by Serendum, and restoration may not be possible. In addition, Serendum reserves the right to charge the User for any violation by the User or their agents, representatives, or end-users per hour for investigations (at a minimum cost of $150 USD per hour), as well as the cost of the equipment needed to respond to, investigate, and remediate the violation of any of the Policies. Serendum reserves the right to block anyone from the use of the site and the Services at any time for any reason.
The User agrees to indemnify, protect, defend, and hold harmless Serendum, its agents, property, representatives, or vendors from and against any and all claims, liabilities, loss of data, or damages including judgements, costs, and reasonable attorneys’ fees, for anything done or omitted by Serendum in the execution of the Policies except as a result of Serendum’s gross negligence or willful misconduct.
These Policies are governed by, and construed in accordance with the laws of the State of Washington, United States of America, without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Policies. Any action seeking legal or equitable relief, or any dispute arising out of or relating to these Policies, is to be exclusively ruled on by a competent court of the state of Washington or by the district court for the area of Serendum’s registered head office.
If any provision of the Policies is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Policies is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This AUP supersedes all other contradictory or overlapping provisions contained in any other policies provided by Serendum. This AUP does not trigger any expiration, termination, or other rights that may be available to Serendum under any of the other Policies.